Notice On The Collateral In Accordance With The Aliens Act, Section 9, Paragraph 4, Or Section 9 (C) (1), (2). Paragraphs, See. § 9, Paragraph 4, To Cover Public Expenditure For Assistance After The Act On Active Social Policy Or The Integration Act

Original Language Title: Bekendtgørelse om sikkerhedsstillelse efter udlændingelovens § 9, stk. 4, eller § 9 c, stk. 1, 2. pkt., jf. § 9, stk. 4, til dækning af offentlige udgifter til hjælp efter lov om aktiv social politik eller integrationsloven

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Overview (table of contents) Annex 1



Annex 2 the full text notice on collateral in accordance with the Aliens Act, section 9, paragraph 4, or section 9 (c) (1), (2). paragraphs, see. § 9, paragraph 4, to cover public expenditure for assistance after the Act on active social policy or the Integration Act

Pursuant to section 9, paragraph 4, 3. section, and section 9 (c) (1), (2). point, in the Aliens Act, see. lovbekendtgørelse nr. 1061 by 18. August 2010, fixed: Definitions



§ 1. The term financial institution used in this notice as a term for 1) an undertaking which is authorized as a credit institution referred to in article 6. section 1, paragraph 1, of the basic regulation. § 5 (1) (8). 1 (a) and section 7 of the financial business Act, or 2) a foreign credit institution authorised to engage in credit activities in another country within the European Union or in a country with which the community has entered into an agreement on the financial area, see. sections 30 and 31 of the financial business Act.

§ 2. The term foreigner is used in this notice as a term for 1) aliens who have temporary residence permit pursuant to the Aliens Act § § 9 (1) (8). 1, or 9 c, paragraphs 1, 2) a foreigner who has submitted the application for a residence permit pursuant to the Aliens Act § § 9 (1) (8). 1, or 9 c, paragraph 1, or for the extension thereof, or 3) an alien whose residence permit for foreigners law § § 9 (1) (8). 1, or 9 (c) (1) has expired, lapsed, withdrawn or denied extension.

§ 3. The term guarantor is used in this notice to describe a living person who pursuant to the Aliens Act, section 9, paragraph 4, or section 9 (c) (1), (2). paragraphs, see. § 9, paragraph 4, shall make financial security as a condition for the granting of a residence permit to an alien, see. § 2.

The nature and content of the collateral, etc.



§ 4. Financial security in accordance with the Aliens Act, section 9, paragraph 4, or section 9 (c) (1), (2). paragraph see. § 9, paragraph 4, shall be made to the coverage of all possible future expenses to help after the Act on active social policy or the Integration Act, there shall be paid to the alien.

(2). Financial security can be made in the form of 1) a current warranty made by a financial institution, without prejudice. § 1, or 2) tipping on a there in a financial institution, without prejudice. § 1, created account, in which the Municipal Council have a mortgage.

(3). It is the responsibility of the collateral provider to demonstrate to the local authority, see. § 9, that the Bank is covered by section 1.

§ 5. Security in the form of a demand guarantee is made for 50000 Danish crowns. The amount entered in 1. item, is set out in 2002 – level and regulated from 2003 once a year the 1. January after percentage, cf., cf. the law on rate adjustment percentage. The amount is determined by the time at which the alien has filed the application for a residence permit. The amount shall not subsequently regulated according to percentage, cf..

(2). If security is given in the form of deposit, fixed the amount of the deposited amount of immigration. The amount is determined as the amount that would have to be made if the collateral provider had chosen to lodge a security in the form of a current warranty without prejudice. (1). The size of the deposited amount shall not subsequently regulated according to percentage, cf..

§ 6. The security must be valid for 4 years from the estimated time for the granting of residence permits for foreigners law § § 9 (1) (8). 1, or 9 c, paragraph 1, to the alien. Requirements to guarantee effective date and expiration date shall be determined by the immigration service in connection with Immigration services request to the collateral provider to provide security, see. However, section 15.

(2). The security must be terminated during the period of validity of the basic regulation. However, section 16.

(3). If the alien does not obtain indefinite leave after 4 years, must provide a new collateral security, or securities that have already been made, must be extended. Safety after 1. paragraph shall apply or shall be extended for at least a period equal to the period during which the alien gets extended his residence permit for foreigners law § § 9 (1) (8). 1, or 9 (c), paragraph 1.

The creation of the security



§ 7. Immigration service shall notify in writing the collateral provider, that there must be financial security. The notification shall contain information about the time, as the immigration service estimates that the alien will be granted a residence permit on after Aliens Act § § 9 (1) (8). 1, or 9 (c), paragraph 1.

(2). Current warranty or escrow account must be in the collateral provider name, see. § 3.

(3). If security is given in the form of a deposit guarantee, the Bank sends the original deposit guarantee to the Municipal Council, as security is faced with, see. § 9. At the same time, the Bank shall send the information sheet referred to in section 8, no. 2, to the Municipal Council.

(4). If security is given in the form of deposit, the Bank shall send the original of the security declaration, as referred to in section 8, no. 4, including the money the Foundation's quotation endorsement to conservative on escrow account are pledged, to the Municipal Council, as security is faced with, see. § 9. At the same time, the Bank shall send the information sheet referred to in section 8, no. 2, to the Municipal Council.

(5). Municipal Board shall notify the immigration service, that it has received the security. The local authority shall deliver an opinion to the immigration at the same time, whether the collateral meets the requirements set out in this notice. Municipal Board's opinion shall be annexed to a copy of the current guarantee or pledge the Declaration including quotation endorsement and a copy of the information sheet referred to in section 8, no. 2. the provisions of paragraph 6. Immigration service attaches the Municipal Board's opinion into account in his decision of whether the alien must be notified of the residence permit for foreigners law § § 9 (1) (8). 1, or 9 c, paragraph 1, unless the opinion is or proves to be made on an incorrect basis.

(7). Municipal Board of Directors ' opinion, see. (5) cannot be brought before another administrative authority.

(8). Current warranty or security declaration must be kept by the Municipal Council, as security is faced with, see. § 9, or the Municipal Council as the rights after the collateral had to be transported to, see. sections 10-12.

§ 8. It is a condition that the collateral can be used as a financial security in accordance with the Aliens Act, section 9, paragraph 4, or 9 c (1), (2). paragraphs, see. § 9, paragraph 4, to 1) according to current warranty or security declaration that the costs of fees, etc. relating to the collateral, including costs associated with the creation of the basic regulation. section 7, transport, see. sections 10-12, and recovery, see. section 13, be held without cost to the Municipal Council, as security is faced with, see. § 9, or as the rights after the collateral had to be transported to, see. sections 10-12, 2) the custodian bank or the financial institution, which provides current warranty, complete and sign an information sheet similar to that which is reprinted as an annex to the Decree, 3) the collateral provider shall notify the agreement to the information sheet referred to in point 1. 2, and the information contained in the current warranty or security declaration, may be passed to the immigration service, and to 4) the custodian bank complete and sign a security declaration, similar to that is reprinted as an annex to the Decree, if security is given by the deposit.

§ 9. If the alien is staying here in the country, where the application for a residence permit is lodged, the safety of the Municipal Council in the municipality where the foreigner resides or stays.

(2). If the alien has submitted the application for a residence permit from abroad, the safety of the Municipal Council in the municipality where the collateral provider is living or staying. Staying both alien and the collateral provider abroad, the safety of the Municipal Council in the municipality where the collateral provider is likely to want to reside or stay.

(3). If it must be assumed that a foreigner who has submitted the application for a residence permit from abroad, on entry will take place of residence or stay in another municipality than the municipality in which the collateral provider resides or stays, made security in the face of the Municipal Council in the municipality, where it must be assumed that the alien will reside or stay.

Communication of transportation in safety



§ 10. If the alien by his admission takes place of residence or stay in another municipality than the municipality, as security is faced with, it is incumbent on this municipality's Municipal Council to provide transport in the rights after the collateral to the Municipal Council in the municipality where the alien takes place of residence or stay.

(2). Transport in the rights after the security must be given as soon as possible after the alien has entered the territory and has taken the place of residence or stay in another municipality than the municipality in which the security has been lodged.
§ 11. If the alien is moving to another municipality, shall be the responsibility of the Municipal Council in the transfer of the municipality to provide transport in the rights after the collateral to the Municipal Council in the municipality in which the alien is moving to. Transport is given with respect to the transfer of the municipality's rights.

(2). If the alien is moving from the municipality, if the Municipal Council have received transportation rights after the collateral, to another municipality, shall be the responsibility of the Municipal Council in the transfer of the municipality to provide transport in the rights after the collateral to the Municipal Council in the municipality in which the alien is moving to. Transport is given with respect to the transfer of the municipality's rights.

(3). Transport in the rights after the security must be given as soon as possible after the alien is moved to a different municipality than the municipality, as the rights after the collateral is transported to.

(4). Although transport is given with respect to the transfer of the municipality's rights, the Bank shall be entitled to withdraw with discharge to the municipality, to which the rights at the latest is transported, as well as to the transfer of municipalities that have entered reservations for their rights in connection with a transport of the rights.

§ 12. The Municipal Council, which provides transportation in the rights after the collateral, it shall notify, in writing, transport to the Municipal Council, which receives transport in the rights after the security. At the same time sends the Municipal Council, which provides transportation in the rights after the security, the original demand guarantee or security declaration to the Municipal Council, which receives transport in the rights after the security.

(2). The Municipal Council, which provides transportation in the rights after the security referred to in article 6. sections 10-12, must inform the financial institution which has made current warranty or lead landfill account, on transport.

(3). The financial institution that has produced current warranty or lead landfill account, notes transport on demand guarantee or escrow account.

Recovery



§ 13. If paid assistance after the Act on active social policy or to the alien Integration Act, arrears collection authority carry out compulsory recovery of the collateral of the amount which the municipality has paid to the alien.

(2). Enforce payment as referred to in paragraph 1, shall be carried out regardless of the size of the amount paid to the alien, in accordance with the Act on active social policy or the Integration Act.

(3). The municipality of cedes the claims to be recovered in the economic security, for arrears collection authority.

(4). It must appear from the municipality's letter to delinquent collection authority, to 1) amount recovered for coverage of assistance after the Act on active social policy or the Integration Act, 2) made economic security, including in which bank security has been lodged, and if the security has been lodged as current warranty or by the deposit, and that 3) help is paid by the municipality, if the Municipal Council security is faced with without prejudice to article. § 9, or if the Municipal Council the rights after the collateral is transported, without prejudice. sections 10-12.

(5). The security is reduced by any amount paid to an alien after the Act on active social policy or the Integration Act.

(6). When the security is written down with amount taken together correspond to the whole amount, secured, there may not be any further recovery in safety. When the security is written down with amount taken together correspond to the whole amount, secured for, does not create a new collateral.

Reduction and termination of the collateral, etc.



§ 14. The security shall be reduced at the request of half of the amount secured, subject to article 20. § 5 when the alien has passed a final test in Danish, see. paragraph 2, and section 9 of the Act on Danish education for adult foreigners and others.

(2). The security shall be reduced in accordance with paragraph 1, if 1) an alien who has been placed on the Danish education 1, have passed the Test in Danish 1, or a final try at a higher level, without prejudice. Nr. 2 or 3, 2) an alien who has been placed on the Danish education 2, have passed the Test in Danish 2, or a final try at a higher level, without prejudice. Nr. 3, 3) an alien who has been placed on the Danish education 3, has passed the Test in Danish 3, or study the sample, or 4) an alien who has not been admitted to the Danish training module leading to the sample (if students), has passed the final test of the Danish training which the person concerned would have been placed on, or a final try at a higher level without prejudice to article. Nr. 1-3 and § 6, paragraph 3, and section 9 of the Act on Danish education for adult foreigners and others.

(3). Request for reduction of the security referred to in paragraph 1 shall be made in writing by the collateral provider to the Municipal Council, as security is faced with, see. § 9, or as the rights after the collateral had to be transported to, see. sections 10-12. If the conditions for a reduction of the security referred to in paragraph 2 are met, the Municipal Council request the custodian bank or the financial institution that has produced current warranty, to reduce the economic security with half of the amount secured, or whether to release half of the deposited amount, see. § 5.

(4). Reduction of the security must have effect from the date on which the collateral provider request is received in the Municipal Council, see. paragraph 3, and must be done on the basis of the amount originally secured for, regardless of whether the Security page is written, see. section 13, paragraph 5.

§ 15. The Municipal Council, as security is faced with, see. § 9, or as the rights after the collateral had to be transported to, see. sections 10-12, releasing the security by deposit of guarantee or security declaration to the current financial institution, who have made the guarantee or created the escrow account when the 1) the alien has been granted indefinite leave, and there has been the recovery of any aid paid to alien after the Act on active social policy or the Integration Act, see. § 13, 2) the alien has been granted a new residence permit on other grounds, and there has been recovery, see. § 13, by any means, which is paid to the alien in accordance with the Act on active social policy or the Integration Act in the time of the issuance of the new residence permit, 3) alien departure of Denmark, and the municipality of immigration service has been informed that the alien's residence permit is either expired, lapsed, withdrawn or denied extended, and there has been recovery, see. § 13, by any means, which is paid to the alien in accordance with the Act on active social policy or the Integration Act, or when 4) the alien is death and possible help, which is paid to the alien after the Act on active social policy or the Integration Act, is recovered, see. § 13.

(2). If the collateral provider and the alien repeals cohabitation or will be granted separation or divorce, the security shall be released only when one of the conditions laid down in the provisions referred to in paragraph 1, no. 1-4 are fulfilled.

(3). Depart the collateral provider at death, the security shall be released only once the conditions in one of the provisions of paragraph 1, nr. 1-4 are fulfilled.

§ 16. Notwithstanding the provision in section 6 of the Municipal Council, as security is faced with, see. § 9, or as the rights after the collateral had to be transported to, see. sections 10-12, agree that the collateral provider terminates security and provide corresponding financial security in the form of a new current warranty made by another financial institution or deposit money on a created account in another financial institution, without prejudice. § 1.

(2). The Municipal Council can only give consent in accordance with paragraph 1, if 1) time of entry into force of the new financial security coincide with the time of the original guarantee termination, 2) the expiration time for the new collateral equal to the original guarantee expiration time, see. § 6 and 3) the new collateral meets the conditions set out in this notice.

Other provisions



§ 17. The notice shall enter into force on the 1. January 2011.

(2). The Ordinance shall not apply in cases where the alien has been applied for or has been granted a residence permit before 1 January 2002. July 2002.

(3). The Ordinance shall not apply in cases in which before 1 January 2002. January 2011 has made economic security and, subsequently, on the basis of which granted the residence permit for foreigners law § 9 (1) (8). 1, or section 9 (c), paragraph 1. In these cases, see the previously applicable rules in order No. 934 of 5. September 2006 application.

(4). Executive Order No. 934 of 5. September 2006 on collateral in accordance with the Aliens Act, section 9, paragraph 4, or section 9 (c) (1), (2). paragraphs, see. § 9, paragraph 4, to cover public expenditure for assistance after the Act on active social policy or the Integration Act are hereby repealed, without prejudice to article. However, paragraph 3.

Ministry of refugee, immigration and Integration Affairs, the 30. November 2010
Birthe Rønn Hornbech/Jan van Deurs



Appendix 1 information document

collateral pursuant to the Aliens Act, section 9, paragraph 4, and section 9 (c) (1), (2). paragraphs, see. § 9, paragraph 4

(To be completed by the financial institution)

(Form must be signed by the guarantor and the Bank)







 







Sikkerhedsstiller







 



 





Navn: ____________________________________________________________





 





Personnummer: ____________________________________________________





 





Adresse: __________________________________________________________





 



 







Pengeinstitut







 



 





Adresse: __________________________________________________________





 





__________________________________________________________________





 





__________________________________________________________________





 





Telefon: __________________________________________________________





 



 







Sikkerhedstager







 





Kommunalbestyrelsen (i København Borgerrepræsentationen) i





 





_________________________________________________________ Kommune





 





Address: __________________________________________________________ Above guarantor confirms that enclosed warranty or security statement is a security made to cover any future public expenses for assistance after the Act on active social policy or the Integration Act, there shall be paid to: Name: ____________________________________________________________ Foreigners number: ________________________________________________ Address: __________________________________________________________





 





Collateral denominated in DKK ________________________________________

(The amount stated in the letter from the Danish immigration service to the collateral provider with request to provide security)





 





The collateral covers the period from (dd/mm/yy) ________ to (dd/mm/yy) _________

(Start date stated in the letter from the Danish immigration service to the collateral provider with request to provide security. The security must be valid for 4 years, why the end date is set as the start date plus 4 years.)





 

 





The security is terminated during the period of validity.





 





Above security provides further confirms that the costs of fees, etc. relating to the collateral, including costs associated with creation, transport and recovery, held without cost to the Municipal Council, which the security has been lodged, or who the rights after the collateral is transported to.





 



 





The above collateral Provider hereby informs my agreement to this schema as well as the contents of the above-mentioned current warranty or security statement can be passed to the immigration service.





 





__________________________________________________________________







Dato





Sikkerhedsstillers navn og underskrift





 

 



 

 



 

 





Date





Money institution name, stamp and signature













Annex 2 SECURITY STATEMENT

(To be completed by the financial institution)

(Form must be signed by the mortgagor and the Bank)







 





As security for performance of any obligation under the Ordinance on collateral in accordance with the Aliens Act, section 9, paragraph 4, or section 9 (c) (1), (2). paragraphs, see. § 9, paragraph 4, to cover public expenditure for assistance after the Act on active social policy or the integration act as





 







Pantsætter (sikkerhedsstiller)







 



 





Navn: ____________________________________________________________





 





Personnummer: ____________________________________________________





 





Adresse: __________________________________________________________





 





har nu eller senere måtte have over for





 







Secured creditor Municipal Council (in Copenhagen Citizen representation) in





 





_________________________________________________________ Kommune





 





I hereby give ___________________________________________ Municipality





 





mortgage conservative DKK _______________________________________________





 





på min konto: ______________________________________________________





 





with financial institution: ___________________________________________________





 





The following financial institution recognises that the Bank only with respect to the mortgage holders ' right to have access to set-off or netting in the accounts.





 







Financial institution







 





Navn og stempel ___________________________________________________





 





Underskrift _______________________________________________________





 





The mortgage is made to cover any future public expenses for assistance after the Act on active social policy or the Integration Act for the aforementioned Municipal Council (in Copenhagen Citizen representation)





 





Cost of fees, etc. relating to a mortgage statement, including the costs associated with the creation, transport and recovery, held without cost to the Municipal Council, which the security has been lodged, or who the rights after the collateral is transported to.





 





The release of the mortgage:





 
When the mortgagor is no longer required in accordance with the Ordinance on collateral in accordance with the Aliens Act, section 9, paragraph 4, or section 9 (c) (1), (2). paragraphs, see. § 9, paragraph 4, to cover public expenditure for assistance after the Act on active social policy or the Integration Act released the mortgage. Secured creditor gives notice to the Bank, after which the accounts are released.





 





The mortgage is reduced at the request of half of the amount secured, subject to article 20. paragraph 5, when the alien has passed a final test in Danish, see. paragraph 14 (2) and section 9 of the Act on Danish education for adult foreigners and others. Secured creditor gives notice to financial institution, whereby half of the accounts is released.





 





The following is supplied:





 





A copy of the security declaration





 





As mortgagor (guarantor):





 





Date: ____________________Underskrift: _______________________________





 



 





To vitterlighed: (Must be completed by the two witnesses)





 





Navn:____________________________________________________________





 





Adresse: __________________________________________________________





 





Dato:_________________Underskrift:__________________________________





 



 



 





Navn:____________________________________________________________





 





Adresse:__________________________________________________________





 





Date: ________________Underskrift: ___________________________________