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Announcement Of Law On Cancellation Of Securities

Original Language Title: Bekendtgørelse af lov om mortifikation af værdipapirer

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Table of Contents
General provisions
Special rules on mass debt letters, shares and coupons
Mortification without verdict
Act's entry into force, etc.

Publication of the Mortification of securities

In this way, the certification of securities shall be announced, cf. Law Order no. 639 of 16. September 1986, with the changes that are being made by Section 4 of Law No 1. 1082 of 20. In December 1995 and section 4 of the Law No 539 of 8. June 2006.

General provisions

§ 1. When a statement of devotion or a statement paper is assumed to be destroyed or passed, the judgment may be declared dead and powerless at the request of the claim to have lost it and to have had the right to be entitled to be entitled ; the document. The same applies to a document that claims that the debtor is obliged to comply with only when the document is presented to him.

Paragraph 2. Where a turnover paper that has not been issued by the issuer has been lost, it may be mortified at his request, provided that it is assumed that it has not become valid.

Paragraph 3. Cash sheets cannot be mortified, and interest-rate and yield tickets only to the extent to which it is home in sections 13 and 14.

§ 2. In so far as it is necessary, patheaders, shares and other cooperatis may be mortified, even if they do not fall under § 1.

Paragraph 2. When the owner of the panel has a legal interest in it, a pawn letter may be mortified at his request, if it is assumed that he has lost the pathelisation after having it delivered due to the termination of the mortgage debt, or that the pathelisation has been lost for : The panthame. In the latter case, where possible, at the acknowlederation of the panel or in judgment of him, it may be established that the mortgage debt has been discharged and that the owner of the pan had a claim to the pawn letter.

Paragraph 3. In the letters of the pantheon, this law also includes indemtees.

§ 3. In the case of mortification, the document shall be placed on the place where the document is issued. Where the issue cannot be reported or the document has been issued outside the realm, the case shall be placed on the premises where the issuer of the law of the law on the court ' s health care section, section 235-239 may be sued, or if, following the issue of the document, he has lost his / her You know, there's some things in this country that could be sued before he lost it.

Paragraph 2. In the case of inventory, warehousing certificates (warrants) and on documents that furthest property or registered ship, the case shall be placed on the premises where the warehousing or the property is situated or where the ship is situated. The case for the mortification of change, cheques and connotation shall be placed on the place where the money is to be paid or delivered.

§ 4. Mortification shall be made by public call for it or those who may have objections to the document's moratorium.

Paragraph 2. The request to have the summons issued shall be submitted in writing. It must be accompanied by a transcript of the document or, at any rate, to describe it so clearly that it is not possible to confuse it with others. There must be a court of information, which makes it acceptable that the conditions for mortification are present. In particular, it must be reported as precisely as possible when and how the document has been lost.

§ 5. The court will establish a hearing for the examination of the request and shall provide it with a search for a moratorium. This shall, as far as possible, provide information on the request and the hearing to the issuer of the document and to anyone who is presumitable to be entitled or committed under the document, under the designated document, under the reporting protocol. Book book, book or ship register. In the pawn letters, the owner of the panel is also informed. The removal of these rules shall be reimbursed, where necessary, by using the rule of law on service of services. If a person abroad should be informed, the court may grant him the notification by registered letter.

Paragraph 2. Before the decision is determined whether public call may be issued, the court may, in the case of the person seeking a mortification, further oral or written information and to recommend to him shall be subject to proof of the evidence. If he is not able to comply with the request or are those of him inconclusive, the court may refuse to issue the call.

§ 6. If public invocation is allowed, the right on the basis of the request shall be made available for a particular hearing.

Paragraph 2. The call shall indicate when the document is declared to be lost, in which property the person concerned is seeking mortification, and when a mortgage payment is searched according to section 2 (2). 2 how the mortgage debt is indicated to be discharged. It shall contain the necessary and possible description of the document and indicate that objections to mortification must be lodged at the hearing to which it is called and to call upon anyone who knows where the document is located ; give the right to the courts either at the hearing or in writing in good time prior to such time.

Paragraph 3. The caller shall declare the invitation to be announced in the State of State in the first act in a featherment year after the law of the court. The court may also prescribe the notice in one or more representative leaves. In the case of the Faroes, the publication of public notices on the Faroe Islands in the first number of the Faroe Islands shall be published in the first act in a featherment year after the law of the court, but that indentation may also be made in the case of the State, in cases where : where the court estimates it correctly.

Paragraph 4. In the case of mortgages, the right at the same time allows for the identification of the pawn letter mortification to be drawn up, to add to the property of the property in the register. In the register of the registered ship, the registered ship shall have the entry on the register to be registered to the ship ' s register.

Paragraph 5. Between the day when the required proclaim has been carried out and the hearing shall be at least three months, but at least 1 year on mass debt letters, coupon sheets, and pawn bonds in solid property and shares that are cartrition certificates. However, the latter period may be short-brevied by the court when the notification of a mortgage payment in accordance with paragraph 2 (2). 2, the owner of the panel is sought and he shall provide security to the holder of the pawn letter, which may enter within a year following the time of the call and reimburse his right.

Paragraph 6. The court may impose a separate notification on the notification of the notification to certain persons. In the event of mass debt, which is amortized on extract, he must always report the call for the debtor.

Paragraph 7. The rights which, according to the legislation on the exchange of bills, of connoissements and certificates, shall already apply to the person seeking the moratorium, the laws in question shall apply to the laws concerned.

§ 7. In the call for a given legal meeting, it must demonstrate that the rules laid down in the law must be observed and shall provide information as to whether or not the case may be taken to make the case in new light, such as the fact that there are, paid or required interest or value, or that any other court in accordance with the document has been applied to the issuer or the debtor.

Paragraph 2. If the court does not find that something obstructing a moratorium, then the verdict on the document is dead and powerless.

Paragraph 3. When the mortification of a pawn-in-possession or registered ship has been refused at final judgment, or the case is decreed, the court shall be subject to the right to the court in accordance with section 6 (4). 4, the recorded listing in the register or ship register has been deleted.

§ 8. Sentence to be mortified shall not be effective until the verdict has been finally reached.

Paragraph 2. When the court is sentenced to mortification, in spite of the fact that objections were raised, the judgment shall not be taken until the time limit for appeal to the Supreme Court has elaped. Only in this case can the Process appropriation board allow appeal to the Supreme Court of a judgment that has given a moral certification.

Paragraph 3. No authorization may be granted for a judgment giving the moratorium, presumed to the court or the Supreme Court following the expiry of the general anthem-libersts.

§ 9. Where a judgment is given to mortification, the fact that the Member of the Member State may not present the document shall not prevent him from making the right of the document applicable.

Paragraph 2. When mortification is provided as justified by the document, and the right, the document being discharged, he may, in order to pay the cost of the debtor, require a new document corresponding to the mortified. The same duty shall be borne by the pawn-mail owner of the pan and by the stock company. A tingle may be required to be issued as a digital pantheon, and in the case of mortgages in real estate, the right to comment on the issue of the issue of pathelial pawned goods is endorsed by the register in accordance with section 6 (2). Four, happened to be recorded. In the case of pantheon letters in ships, the Member of the Member State may require similar entry in the register.

Paragraph 3. When the owner of the panel achieves the mortification of a mortgage payment in accordance with section 2 (2). 2, he may request the pawn letter cancelled or wiped out by the ship ' s register.

Special rules on mass debt letters, shares and coupons

§ 10. When mass debt letters are amortized on extract, the debtor shall make a list which, in addition to the extracted numbers, shall make a list, in addition to the extracted numbers, identify the debt letters of the same species for which a notification has been notified.

§ 11. In the case of a mass debt letter written by the issuer of the issuer, the court may not permit notification to mortification unless the debit note is reported to the debtor, jr. " Letters of debt, section 40.

§ 12. In the case of mass debt letters not listed in the issuer ' s books, and by shares which do not belong to a specific person whose name is applied to a person whose name is applied, the following special rules shall apply.

a. Public call for public invocation shall be given at least four years after the document's loss is notified to the issuer. However, if the payment date is the calendar year in the debt letter itself, the consent may be granted after the period of 1 year after the notification and payment date. The time limits mentioned may be short-breviated by the court, where it is very likely that the document has been destroyed.

b. Allowance for public invocation should generally be granted only when the title of the petition is reinforced by written documents such as the publication of the stock book, the sales notation from bank or alternates with numbered lists or numbered inventories, if : Reliability has been strengthened in other circumstances. The one seeking the moratorium must then indicate the manner in which he has received interest or yield last time, and his information on this must be verified.

c. Before the mortification process it must be stated that none of the coupons whose falsification period is after the disappearance of the document has been obtained or it is justified that the coupons obtained were separated from the main document before its disappearance. In the final case, the notification of the moratorium on the moratorium is to be given, as far as possible, that has been given a cameless solution.

§ 13. When mortification is provided on a document that was provided with interest-rate or service providers, and one for the corresponding coupon sheets, it is also assumed to be lost, the kuponarket as a whole can be declared dead and powerless. However, the court may only determine this when the public invocation expressly included the coupon sheet.

Paragraph 2. The fact that the person seeking the mortification possesses individual coupons shall, when presented in court, shall not obstruate the moratorium on the coupon sheet. When the mortification has a legal effect, the debtor (limited liability company) may require such coupons to be supplied by the court.

§ 14. A coupon sheet belonging to a debt note or a share, which is assumed to be lost, can be mortified under the rules laid down in sections 1 to 10. Mortification is only granted at the request of the one to be entitled to the coupon sheet, and only when the main document is safe or already previously mortified separately. The provisions of section 13 (3). 2, shall also apply here.

§ 15. (Aphat)

Mortification without verdict

§ 16. When documents falling under Clause 1 under law or in particular the adoption of mortification without the verdict of public notice shall be published in the Statescing in the first number in a fourth year. The time limit for the call shall be taken into account by the State Provost. In the case of the Faroes, the announcement shall be made in the order of public notices on the Faroe Islands in the first act in the first number in a fourth year.

Paragraph 2. The release debt letters issued after the entry into force of this law may not be mortified without prejudice, unless the document has been subject to any reservations.

Paragraph 3. When mass debt letters, which are subject to special adoption, are subject to special approval, the call shall at least give 1 year of time.

Act's entry into force, etc.

§ 17. This law shall enter into force on 1. July, 1938.

If, prior to the entry into force of the law, the public invocation has been granted or the court has allowed calls, mortification is in accordance with the applicable rules.

§ 18. Regulation of 7. February 1823 is lifted.


Law No 1082 of 20. December 1995 1) includes the following entry into force :

§ 14

Paragraph 1. The law shall enter into force for Denmark and Greenland in force on 1. January 1996. The Attorney General sets the time of the law into force for the Faroe Islands.

Paragraph 2. (Udelades)


Law No 539 of 8. June 2006 (Digital thing) 2) includes the following entry into force :

§ 13

Paragraph 1. The attorney general shall determine the time of the entry into force of the law, cf. however, paragraph 1 Five and six. 3)

Paragraph 2. The Minister will be able to decide that the law enters into force at different times as regards the book, the book, the booklet book and the book of the person.

Stk. 3-6. (Udelades)

Ministry of Justice, the 2nd. July, 2015

Søren Pind

/ Mette Johansen

Official notes

1) The law applies to Article 8 (3). TWO, TWO. pkt., and section 8 (3). 3.

2) The law relates to section 6 (1). 4, section 9 (4). TWO, THREE. pkt., and section 15.

3) Notice no. 762 of 20. In July 2009, it is determined that the law is put into effect on the eighth. September 2009, in the case of the register. Notice no. 1183 of 14. In October 2010, it is decided that the law is put into force on 2. November, 2010, in the case of the car book. Notice no. 209 of 15. March 2011, it is determined that the law is put into effect on 21. In the case of the passenger book and the booklet book, in March 2011.