Ordinance To The Law On The Procedure For The Notification, Etc., Of Certain Information With The Agency

Original Language Title: Bekendtgørelse af lov om fremgangsmåden ved anmeldelse m.v. af visse oplysninger hos Erhvervsstyrelsen

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Overview (table of contents)



Chapter 1



Law area





Chapter 1 a



Communication





Chapter 2



Notification, registration and publication of Business Agency





Chapter 3



Special rules on notification and registration for certain tax laws





Chapter 4



Criminal provisions





Chapter 5



Entry-into-force provisions, etc.



The full text of the Ordinance to the law on the procedure for the notification, etc., of certain information with the Agency

Hereby promulgated Act No. 571 of the 6. June 2007 on the procedure for the notification, etc., of certain information with the Agency with the changes imposed by section 6 of the law No. 1231 by 18. December 2012.

Chapter 1 section 1 area of the law. The law applies to reviews, registrations and publications with the Agency when the rules laid down in the legislation.

Chapter 1 a Communication section 1 a. Commercial Agency may set rules requiring that written communication to and from the Agency on matters covered by this law or of rules issued pursuant to this law, shall be carried out digitally.

(2). Business Board may lay down detailed rules on digital communications, including on the application of specific it systems, specific digital formats and digital signature etc.

(3). A digital message is considered to be reached when it is available to the addressee of the message.

(4). Decisions taken by the Agency in accordance with the regulations, the business which is issued pursuant to paragraph 1 or 2 may not be brought before another administrative authority.

section 1 (b). Business Board may lay down rules to the effect that the Agency may issue decisions and other documents under this law or under rules issued pursuant to this law without signature, with power-or similarly reproduced signature or using a technique that ensures unique identification of the person who issued the decision or document. Such decisions and documents be treated as decisions and documents with personal signature.

(2). Business Board may lay down rules to the effect that decisions and other documents, which are exclusively made or issued on the basis of electronic data processing, may be issued only with indication of Commercial Agency as sender.

§ 1 c. Where it after this law or regulations issued pursuant to this law is demanded that a document which is issued by other than commercial agency, must be signed, this requirement can be satisfied by use of a technique that ensures unique identification of the issuing document, see. However, paragraph 2. Such documents shall be treated as documents with personal signature.

(2). Business Board may lay down detailed rules derogating from the signature requirements. It can be determined that the requirement for personal including signature cannot be waived in the case of certain types of documents.

Chapter 2 review, registration and publication of existing agency § 2. Business Board may by the notifier and of it, as the case is concerned, expect to get the information needed in order to take a position on whether the law's conditions for notification, registration and disclosure are complied with.

§ 3. Registration must be refused if it is not notified in accordance with the law.

(2). A review can not be registered due to an error or defect, the Business Agency set a time limit for rectification. Rectification is done not by the set deadline, be refused registration.

(3). The notifier must have written notice of refusal of registration.

§ 4. All information, notified, registered or published with the Agency, can be used in the Agency's casework within all Agency's competencies, including for internal directory interoperation and compilation of information for control purposes.

(2). Confidential and sensitive information as well as information about other purely private matters can only be used within the same jurisdiction, for which the information is collected for use, unless otherwise provided by other legislation.

§ 5. When the Agency, pursuant to the legislation receives information about a person or organization covered by this law, the Agency use the information received to update the corresponding information in accordance with legislation is registered or published at the Agency about the person or company.

(2). Business Agency lays down rules on the scope of the updates of the information referred to in paragraph 1 and for an exemption from notification obligations as a consequence of such updates of information.

§ 6. Business Agency can provide unified access to publicly available information and documents about businesses and individuals. This applies regardless of whether the information and documents are received in the Agency under several laws.

§ 7. If not otherwise provided by law, a decision of the Agency Business is brought before the EAB within 4 weeks after that decision is announced.

(2). Decisions on grounds of the exceeding of a limit which is established under section 3, paragraph 2, shall not be brought before another administrative authority.

Chapter 3 special provisions on notification and registration for certain tax laws § 8. Business Agency lays down rules concerning the procedure for the notification and registration under rules issued under section 16 (e) of the law on the levying of taxes and duties, etc. (Recovery Act). Business Agency can including setting requirements for the notification content.

§ 9. (Repealed)

Chapter 4 Criminal provisions § 10. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who does not comply with its duty to disclose under section 2, or providing false or misleading information in connection with the notification or registration.

(2). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the legislation.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 5 date of entry into force provisions, etc.

§ 11. The law shall enter into force on the 1. January 2008.

§ 12. (Omitted) § 13. The law does not apply to the Faroe Islands and Greenland.

(2). The law may, by Royal Decree in whole or in part be put into force for Greenland of the variances, as the special Greenlandic conditions warrant.

(3). Act §§ 2 to 7 and 10 may, by Royal Decree in whole or in part, be in force for the Faroe Islands with the derogations which the special Faroese conditions warrant.

Business Agency, the 14. October 2013 P.M.V. Betina Hagerup/Søren Hadidi