Law amending the company law, financial statements Act and law on securities trading etc.
(Increased access to information on bearer shares for public authorities and amendment of payment for the financial control of certain companies)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
The law on public limited companies and private limited companies (companies Act), see. lovbekendtgørelse nr. 322 of 11. April 2011, shall be amended as follows: 1. Under section 57 shall be inserted before the heading before section 58:
» Registration of small holdings of bearer shares section 57 (a). An acquirer of one or more bearer shares, see. section 48 (2), (3). paragraph, which holds less than 5 percent of the company's capital or voting rights to less than 5 per cent of the share capital, shall, within 2 weeks after the acquisition are recorded in Business Agency's it system, see. However, paragraph 4.
(2). Registration in accordance with paragraph 1 shall contain an indication of the date of acquisition, the number of bearer shares and acquire's full name, permanent address and social security number or for enterprises name, registration number and registered office. However, the transferee is not a social security number or a registration number, which is recorded other information that ensures a unique identification of the person concerned.
(3). By the transfer of one or more bearer shares, which are registered in accordance with paragraph 1, it shall within two weeks after the transfer is recorded in the Commercial Agency's it system, to the assignor no longer holds the shares, and the date of the transfer shall be recorded, see. However, paragraph 4.
(4). Paragraphs 1 and 3 shall not apply in the case of shares in a company, which has shares admitted to trading on a regulated market.
(5). Information, which is registered in pursuance of paragraphs 1 and 3, can only be disclosed to other public authorities. Disclosure of the information can only be done if the information is necessary for the public authority exercise of supervisory or control tasks and the transfer is effected in accordance with the Act on processing of personal data.
(6). Business Agency shall lay down detailed rules for registration of owner of bearer shares in the Agency's it system, including what information the transferee or transferor may or must register themselves in the Agency's computer system. '
2. In section 367, paragraph 1, shall be inserted after ' § § 54-56, ': ' section 57 (a), paragraphs 1-3, § § '.
In financial statements, see. lovbekendtgørelse nr. 323 of 11. April 2011, as amended by section 1 of Act No. 516 of 12. June 2009 and § 1 of lov nr. 341 of 27. April 2011, is amended as follows: 1. section 156, paragraph 3 is replaced by the following: ' (3). Commercial agency may set rules requiring that companies that have securities admitted to trading on a regulated market in the EU/EEA country, must pay an annual fee for the related control activity, within the meaning of the law. § 159 a. can including lay down detailed rules on the amount of the fee and the levying and payment of collection letter fee by late payment. '
Of the law on securities trading, etc., see. lovbekendtgørelse nr. 883 of 9. August 2011, as amended by section 2 of Act No. 155 of 28. February 2012 and § 3 of the law No. 273 of 27. March 2012, is amended as follows: 1. In article 83, paragraph 8, the words ' an annual levy ' to: ' an annual fee '.
§ 4 paragraph 1. The law shall enter into force on the 1. July 2012, see. However, paragraph 2.
(2). Business and growth, the Minister shall determine the time of the entry into force of section 1. The Minister may also provide for a transitional regime for the registration of existing holdings of bearer shares at the time of the entry into force of the Act.
§ 5 paragraph 1. § § 1-3 shall not apply to the Faroe Islands and Greenland, without prejudice. However, paragraphs 2 and 3.
(2). sections 1 and 2 may, by Royal Decree be totally or partially into force for Greenland of the changes which the Greenlandic conditions warrant.
(3). § 3 may by Royal Decree put into effect for the regions referred to in paragraph 1, with the changes that the Faroese and Greenlandic conditions warrant.
Given at Amalienborg, the 30. may 2012 Under Our Royal hand and Seal MARGRETHE r./Ole Sohn