Key Benefits:
Completion of the Law on the farmer ' s business 1)
This shall be announced in accordance with the territory of the surveying, cf. Law Order no. 400 of 3. May 2012, with the changes resulting from paragraph 3 of Law No 1392 of 23. December 2012.
§ 1. The Minister for Agriculture is being appointed by the Minister for the Environment.
Paragraph 2. The right to receive notice as a survein; shall have anyone who :
1) is of the grace and not under the guardianship of the guardianship ' s section 5 or under the guardianship of the guardianship of the guardianship section 7,
2) are not under reconstruction treatment or bankruptcy ;
3) have passed the Danish national inspected ante and
4) for at least three years after the surveyor of surveyors, have participated in the execution of ordinary matricularies employed by a practising surveyor by the Goodata Management Board of the Geo data type department or by the matriculate authorities of the Copenhagen authorities ; or Frederiksberg Municipality.
Paragraph 3. The Minister for the Environment, Public Health and Consumer Protection may approve the employment of other places other than those 2, no. The four referred to in the three years shall be counted for a maximum of one year or at a maximum of one year, either alone or in combination with up to 1 years of employment in other places other than those referred to in paragraph 1. 2, no. 4, so that the five-year period shall not be more than 2 years.
Paragraph 4. The requirement of paragraph 1. 2, no. 3, on the Danish national inspecting record, as to the extent that this has the home of international agreements. The Environment Minister may, in particular cases, dispensers from paragraph 1. 2, no. 4.
Paragraph 5. The Environment Minister shall lay down rules on the treatment of applications for a survey as a survei, including those of persons who have acquired their professional qualifications in other EU/EEA countries or in countries with which the EU has concluded an agreement on access ; for the exercise of regulated professions.
Paragraph 6. The Environment Minister may, to the extent that it is necessary to comply with Denmark's EU legal obligations, establish rules on the exchange of information with authorities in other EU/EEA countries or in countries with which the EU has concluded an agreement on access to training ; in the case of regulated professions, of persons seeking to be appointed in Denmark, as well as persons appointed as a surveying in Denmark and seeking authorization to carry out this business in other EU/EEA countries or in countries with which the EU has concluded agreements ; with access to the exercise of regulated professions.
Paragraph 7. The information which can be exchanged shall be necessary to ensure that the Environment Minister and the authorities of the countries mentioned may fulfil their task in order to comply with Directive 2005 /36/EC of the European Parliament and of the Council of 7. September 2005 on the recognition of professional qualifications.
Paragraph 8. The form of a form may be refused under the Article 78 (5) of the penal code. Two, mentioned circumstances. Furthermore, if the person concerned in the position or occupation has shown such behaviour, it may be refused to assume that the person concerned does not intend to carry out the business as a surveyor in a responsible manner.
§ 2. (Aphat)
§ 3. The replacement as an inspector will cease when he ceases to comply with the requirements of section 1 (1). 2, no. One or two.
Paragraph 2. A figure that has been dissened in accordance with paragraph 1. Paragraph 10 (1) or in accordance with section 10 (1). 2, or penal code section 79, shall be returned to the Environment Minister immediately.
Paragraph 3. If the waste is due to a waste, or expires or repeats the waiving of a begument, the repayment must be redelivered to the person concerned.
§ 4. Matrix works may only be carried out by practising surveyors and their assistants with surveyors in accordance with the surveyor of surveyors, cf. however, paragraph 1 2.
Paragraph 2. However, matricular work must also be carried out on a temporary and occasional basis by persons or undertakings established in other EU/EEA countries or in countries with which the EU has concluded an agreement on the exercise of regulated professions and which are entitled to : carry out similar work there. However, the retention of cross-line operations under Clause of 35 to 37 of the outlet and other registration in the array shall, however, require a reference to be made in accordance with section 1.
Paragraph 3. People or companies that intend to carry out matriculated work in accordance with paragraph 1. The first time for the first time, the Environment Minister shall submit a written notification to the Minister for the Environment. The Environment Minister shall lay down rules on notification.
Paragraph 4. The provisions of this law shall apply to persons and undertakings covered by paragraph 1. 2, to the extent that it is stated in each of the provisions.
Paragraph 5. The Environment Minister may, to the extent that it is necessary to comply with Denmark's EU legal obligations, establish rules on the exchange of information with authorities in other EU/EEA countries or in countries with which the EU has concluded an exercise of the exercise of : regulated professions, concerning persons who intend to temporarily do matricularies in Denmark, in accordance with paragraph 1. 2, as well as persons appointed in Denmark and who are planning to do matricularies temporarily and occasionally, work in other EU/EEA countries or in countries with which the EU has concluded an agreement on the exercise of regulated professions.
Paragraph 6. This information shall be exchanged in accordance with the requirements of section 1 (1). 7.
Paragraph 7. Municipalities, however, with the consent of the Minister for the Environment, allow matricularies to be carried out by surveyors employed by the municipality when special circumstances are therefore speaking.
Paragraph 8. The provision in paragraph 1 shall be Paragraph 1 shall not prevent the Minister of the Environment from allowing special matricularies to be carried out by surveyors employed by the Geodata Management Board.
Niner. 9. The Environment Minister may otherwise derogate from the provisions of paragraph 1. 1, when special conditions are therefore given.
§ 4 a. Farmers ' inspection activities may be carried out by a farmer ' s undertaking, or in a Community of practised surveyors, carried out only by an agricultural company operating in the stock, anthem, or partner form. A farmer ' s sole purpose must be the sole purpose of operating the farmer ' s agricultural business. However, the sole purpose and activity of an agricultural company owned by the practising surveyors may, as a sole purpose and activity, have ownership of shares or parties in another country inspection party.
Paragraph 2. A farmer ' s undertaking shall be compulsory and exclusive to the use of the words of surveilor, surveilor-party, surveilor-party, farmer or farmer-in-command, or its resulting abbreviations. In addition, in the name of the name of a European company inspected company (SE-Company), the name shall be used by the words of European land-inspection companies, the SE surveying company or the SE surveying company.
Paragraph 3. A surveying surveying undertaking in a farmer ' s company shall personally be liable to the company for any claims arising from the assistance of the farmer to a client.
Paragraph 4. In a surveyor company, at least 51% shall be required. of the shares of shares and voting rights shall be owned by surveyors who are actively engaged in farm inspectors in the company or in its mother or subsidiary, or by another surveyor of the farmer. Of the other holdings and voting rights, other than those referred to in 1. Act. the persons and companies referred to above shall be a maximum of 15%. each. However, this restriction shall not apply to persons having their main employment in the surveying company.
Paragraph 5. In a surveying company, the majority of the members of the board of directors shall have, as a surveying and active farm operator of the company or in its mother or subsidiary, the majority of the board members shall be appointed as a surveying and active farmer. The majority of the members of the Governing Board of the Executive Board shall be as a surveyor and an active farmer ' s farmer in the company.
Paragraph 6. The requirements of paragraph 1. 4 and 5 on ownership and, on the composition of the management board and the management board of an agricultural company, shall not apply to surveyor companies covered by paragraph 1. ONE, THREE. Act.
Paragraph 7. The Environment Minister shall lay down detailed rules on the exercise of surveilor in company form including rules on the Disposal of an Asset or Party in the event of a death or termination of an activity by a shareholder or of a party concerned with the exercise of active activities ; surveying business.
Paragraph 8. The Minister for the Environment also lays down detailed rules on the names of surveyors and the names of the farmer ' s farmer ' s activities within a single undertaking or in a Community of practising surveyors.
§ 4 b. A surveying surveying or a surveying farm company may only have more than one office location, if each office is led by a surveying of a landmaster. No one must be the leader of more than one office.
Paragraph 2. Before the office of office, notification shall be made to the Environment Minister.
Paragraph 3. The Environment Minister may derogate from paragraph 1. 1.
§ 4 c. It is a condition for the performance of matricularies and other work as surveyors, as surveyors have sole rights to carry out that the practising surveyor is insured against compensation claims due to execution of matricularic works or other surveying activities. The same applies to surveying companies.
Paragraph 2. The Minister for the Environment lays down rules on the liability insurance, including the degree and nature of the insurance and its time, as well as on the assurance undertaking ' s obligation to inform the environmental minister of the insurance relationship.
§ 4 d. Runs a surveyor works or other works as surveyors have exclusive rights to surveyors, without being insured in accordance with the rule in Article 4 (c) (c). Paragraph 1, or the rules laid down in Article 4 (c) (1). 2, the Minister for the Environment may lay down the prohibition of the ground inspector continuing to carry out such works.
§ 4 e. The Minister for the Environment, Public Health and Consumer Policy shall determine, to the extent that it is necessary to comply with Denmark's EU legal obligations, the rules governing the information practised by surveyors, surveyors and persons and companies covered by Article 4 (4). Two, give to their clients about their business.
§ 5. A surves; or a surveized farmer shall not carry out matricularly work on property when the inspector has a significant interest in the property or is interested in the matter in a way which, by the way, is in a way which, by the way, is in a way ; could raise doubts about the impartiality of the farmer. The same applies when any of the following has a significant interest in the property :
1) the spouse of the farmer, related or swagger in the up or down line or in the side of the sidelines as near as the shearns or other nearby persons or
2) a person, a company, a association or another private legal person to whom the inspector is assigned to the service.
Paragraph 2. No surveying work shall be carried out by a landinspector in the same undertaking from carrying out the following paragraph (s). 1.
Paragraph 3. The Minister for the Environment, Public Health and Consumer Protection is in doubt. 1 and 2 shall prevent the landinspector carrying out the work.
Paragraph 4. The Environment Minister may derogate from paragraph 1. 1 and 2, where the interest is not to be considered to be of any significance because of the character or scope of the matrix in question.
Paragraph 5. The decisions of the Minister for the Environment, 3 and 4 may, within four weeks of the notification, be brought to justice in the jurisdiction where the property is situated.
Paragraph 6. The provisions of paragraph 1. 1-5 shall apply mutatis mues to persons subject to section 4 (4). 2.
§ 6. The Minister for the Environment may impose a land inspector or a surveyor ' s work if all the practising surveyors or surveyors, within whose natural business areas, may be carried out by a surveyor or a surveyor in the event of an array of work. the fall has refused to execute it. In the case of non-special circumstances, however, the execution of the work should be imposed on one of these surveyors or one of these companies.
Paragraph 2. A surveying surveying and a farmer shall be entitled to demand an amount of deposited in advance of a matrix of work to be carried out as a guarantee of the payment.
§ 7. Practitioners of surveyors and their assistants must show a behaviour which is consistent with the good farming practice. They shall, in particular, carry out their duties with care and accuracy and in accordance with the interests of the client's best interests. The cases must be promoted with adequate speed.
Paragraph 2. The provisions of paragraph 1. Paragraph 1 shall apply mutatis mues to farmers and to persons and companies covered by Article 4 (4). 2.
§ 8. Penal code section 150 to 152 and § § 155-157 shall apply mutatis muchly to surveyors and persons covered by Section 4 (1). 2.
Paragraph 2. Unless higher penalties are inflited on the other legislation, the penalty shall be punished by fine, which violates the rules in section 3 (3). 2, section 4 (4). Paragraph 1 or 3, section 4 (a), 1, 2, 4 or 5, section 4 (b). 1 or 2, section 4 (c), Paragraph 5 (1) or section 5 (5), 1, 2, or 6.
Paragraph 3. In accordance with Article 4 (a) (1) (a), 7 and 8, section 4 (c), 2, as well as section 4 e, penalties may be imposed on penalties for infringements of the provisions laid down in the regulations.
Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
§ 9. The Minister for the Environment, Public Health and Consumer Policy, has set up a farmer's name consisting of a national judge as chairman and two other members, one of which would be a surveying of the Geodata Agency, and the other is a surveying landmaster.
§ 9 a. Complaints that a surveying surveying or a surveying farmer with a control over the exercise of his company has overridden the duties assigned to it by the Landinspector Board. The same applies to complaints concerning farmers ' companies, as well as to persons and companies covered by Article 4 (4). 2.
Paragraph 2. The appeal shall be lodged no later than 1 year after the complainant was known to the complainant of the complaint. However, the Board of Agriculture may consider a complaint to be filed later when the circumstances are therefore subject to the circumstances.
§ 10. A surveying surveying or a surveying farmer with a form of earning, carrying out the duties assigned to it by the operator, may be awarded to the Landinspector Board, or shall be fined until 55,000. DKK
Paragraph 2. If the person concerned has been responsible for serious or more repeated negligence in the performance of his / her business and his / her relationship reasons, it may be presumperable that the inspector will not be responsible for the purpose of the establishment in a responsible manner, The farmers ' board of the surveying are in the process of time from 1 or 5 years, or so far.
Paragraph 3. Paragraph 1 shall apply mutatis mutes to surveyor companies and to persons and companies carrying out matricularies in accordance with section 4 (4). 2.
Paragraph 4. In the case referred to in paragraph 1, 2, the Landinspector Board shall be capable of framing persons or companies carrying out matricularies in accordance with section 4 (4). 2, the right to execute such works in Denmark. This court may be disrecognized from a period of five years or so far.
Paragraph 5. Decisions pursuant to paragraph 1. 1-4 may not be brought to the second administrative authority. The decision may be brought before the courts within six months of the date of notification of the decision.
§ 10 a. (Aphat)
§ 11. One in accordance with section 10 (4). The decision may be submitted to the courts by a decision of 2 or 4, and the decision may be made by the decision.
Paragraph 2. Motion in accordance with paragraph 1. 1 shall be presented to the Minister for the Environment, within 4 weeks of the date of notification of the decision in question. The decision must include information on access to justice and to the time limit for this. The Minister for the Environment, Public Health and Consumer Policy, is making a case against the person concerned in the forms of civil
Paragraph 3. Motion for lawsuits in accordance with section 10 (4). In the case of a ruling of 2 or 4, the court may decide that the person concerned must not carry out the business as a surveying of the case. If the verdict of the jury is legally obtained by the judgment, it may in this judgment be determined that it does not have any effect on the case.
§ 12. The Board of Agriculture may, at any time, waive a waiver pursuant to section 10 (4). Two or four. If the waiver has been dissed so far and discredit the application for waiving of the waiver, the person concerned may require the decision to be tested by the courts. It is a condition that at least five years have passed since the recognition and at least two years ago that the acquisition of the beslime has been refused by the time of judgment. The same applies when disqualification of the right to carry out matricularies, in accordance with section 4 (4). 2. Section 11 (1). 2 shall apply mutatis mutis.
§ 13. The Minister for the Environment lays down the detailed rules for the activities of the Landinspector of the Agency.
Paragraph 2. The Board of Agriculture may allow consultations to be held by parties and witnesses to the exchange of rights in the place where the party or the witness is resident.
§ 14. The law of the law of practising surveyors and their assistants shall apply mutatis mutias to surveyors who, with special authorization pursuant to Article 4 (3), shall apply. 7 and 9 performs matricularism.
§ 14 a. The Minister shall, in accordance with the law of the Ministry or in accordance with the law of an institution under the Ministry, the Minister may lay down rules for access to complaints, in particular, that : The decisions may not be brought to the second administrative authority.
§ 15. The law does not apply to the Faroe Islands and Greenland.
Law No 278 of 29. In April 1992 the following entry into force shall be :
§ 2
Paragraph 1. Law 2) enter into force on 1. January 1993.
Paragraph 2. Company names that have been used before the 13. However, November 1991 may continue to be used, even if they do not comply with the requirements laid down in Article 4 (a) (1) (a). 6.
Law No 386 of 22. The following entry into force of May 1996 shall include :
§ 34
Law 3) enter into force on 1. January 1997.
Law No 139 of 17. March 1999 provides the following entry into force :
§ 4
Paragraph 1. Law 4) enter into force on 1. October 1999.
Paragraph 2. (Udelades)
Paragraph 3. (Udelades)
Law No 2:05 of 21. In December 2005 the following entry into force shall be :
§ 2
Law 5) enter into force on 1. April 2006.
Law No 1383 of 21. In December 2009, the following entry into force shall be :
§ 7
Law 6) enter into force on the 28th. December, 2009.
Law No Twelve of 11. January 2010 includes the following entry into force :
§ 4
Paragraph 1. Law 7) enter into force on 1. October 2010, cf. however, paragraph 1 2.
Paragraph 2. § 2, nr. 2, shall enter into force the day following the announcement in the law.
Paragraph 3. (Udelades)
§ 5
Paragraph 1. Regardless of section 1, no 4, and § 2, nr. 1, may also the civil representation of the City of Copenhagen and the municipalities of the City of Competents in Frederiksberg Municipality, allow surveyors employed by the municipality to complete matriculent work and other work which, according to legislation, must be carried out by a surveyor, provided that the municipal matriculate authorities were asked to do the work before the entry into force of the law. In addition, such work can be completed by a short-and-and-and-and-and-
Strike two-five. (Udelades)
Law No 718 of 25. June 2010 includes the following entry into force :
§ 55
Paragraph 1. The Justice Minister sets the time of the law. 8) entry into force
Check 2-10. (Udelades)
Law No 160 of 28. February 2012 includes the following effective provision :
§ 2
Law 9) enter into force on 1. April 2012.
Law No 1392 of 23. December 2012 includes the following entry into force :
§ 6
Law 10) enter into force on 1. January 2013.
The Geo Data Board, the 171. June 2013
Kristian Møller
/ Pia Dahl Highergaard
1) The law provides for the implementation of parts of Directive 2005 /36/EC of the European Parliament and of the Council of 7. September 2005 on the recognition of professional qualifications, EU Official Journal (2005) No L 255, page 22, and parts of Directive 2006 /123/EC of the European Parliament and of the Council of 12. In December 2006 on services in the internal market, EU Official Journal no. L-376, page 36.
2) § 1 in Law No 278 of 29. In April 1992, section 4 (b, section 6 (b), section 6 (b) relates to the amendment. One and two, sections 8 and 10 (10). 3 and 4.
3) § 5, Act 5. 386 of 22. In May 1996, Amendment No 1 (1) is concerned. 2.
4) § 2 of Law No 139 of 17. In March 1999, Amendment No 1 (1) is concerned. 2, 3 and 4, section 3, section 4 (4). 2 and Article 8 (3). 4.
5) § 1 in Law No 2:05 of 21. In December 2005, Amendment No 1 (1) is concerned. 4, section 3, section 2 and 3, section 4 (a) (1). 3 and 4, section 4 c, section 4 d, section 5, section 5, 5, section 8, paragraph. 1, 2 and 3, section 9 a, section 10, section 10. 1 and 4 as well as section 13 (3). 2.
6) § 3 in Law # 1383 of 21. In December 2009, Amendment No 1 (2) is concerned. 4, 5, 6, 7 and 8, section 3. 2, section 4 (4). 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, section 4 e, section 5, section 5. 6, section 7, paragraph. 2, section 8 (4). 1, 2 and 3, section 9 (a) (a), Paragraph 1, section 10, paragraph 10. 3, 4 and 5, section 10 a, section 11, paragraph 1. 1, 3 and 4, section 12, and section 14.
7) § 2 of Law No Twelve of 11. In January 2010, Amendment No 4 applies to paragraph 4 (1). 7, 8 and 9, and section 14.
8) Notice no. 208 of 15. March 2011, it is decided that law no. 718 of 25. June 2010 will enter into force 1. April 2011. § 48 i Law # 718 of 25. June 2010 concerns the amendment of paragraph 1 (1). 2, no. 2.
9) § 1 in Law No 160 of 28. February 2012 is about a change in section 4 a, section 8 (2). 2 and 3, section 9, section 9 (a) (a). Article 10 (2) and section 10 (1). 1.
10) Under section 3 of the law. 1392 of 23. in writing.-December 2012 is 'Cards and Matrikelos' all over the law changed to 'Geo Data Management'. 2, no. 4, is the "Short-and Matrikeltype" changed to the GeodataStyle.
