The Ban On The Law Business

Original Language Title: Laki liiketoimintakiellosta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1985/19851059

In accordance with the decision of the Parliament, provides for: section 1 the purpose of the law (19.12.1997/1220) Inappropriate, and in order to prevent the injurious dumping business in order to maintain the confidence of the business may be to impose a ban on business, as this is required by law.

2 section (19.12.1997/1220) a ban on the person of the district conducting business may be issued under the conditions laid down in article 3:1) to the private trader, which, from carrying on the business of the accounting Act (656/1973) accountability;
2) company, limited partnership company and member of the European economic interest grouping of the person; as well as 3) it is in the community, which as a member of the Board or the Managing Director or of any other similar position, as well as the fact, which actually leads to the Foundation of the community, or the activities of a foreign branch, or take care of it.
KirjanpitoL 655/1973 KirjanpitoL:lla 1336/1997 is repealed.

section 3 (19.12.1997/1220) the business conditions for the imposition of the ban on conducting business can be imposed on the person referred to in section 2, 1) if he has essentially failed to fulfil the business legal responsibilities; or 2) if he is found guilty of criminal procedure, a business which is not considered to be negligible, and his activities are, taken as a whole, be regarded as contractual partners, creditors, or of the public finances healthy and would be harmful to economic competition.
Negligence, according to the assessment of whether the part at issue, subsection 1 (1), particular account shall be taken of the duration and frequency of systematic neglect, as well as the amount of damage caused by negligence. The default is always to be seen as an essential, if the person referred to in article 2 is not fulfilled the duty of accounting and the financial performance of the reporting entity the reporting entity and the role of the relevant business or business events to be able to determine without unreasonable effort.
In addition to conducting business can be imposed on the person referred to in section 2, if he has been guilty of a business: 1) of the Penal Code (39/1889), chapter 17, 18 or 19 (a) of an offence punishable as provided for in section or the company, or the inclusion in it;
2) of the Penal Code, chapter 17, section 19 of the offences provided for inclusion in a criminal offence;
eighteen years younger person the price of 3) of the Penal Code, Chapter 20, section 9 or 9A of the offences provided for in the company of a criminal offence or participation in it;
4) of the Penal Code, chapter 25, section 3, or 3 (a) a criminal offence or an offence provided for in the company or inclusion; or 5) of the Penal Code, chapter 47, section 3 (a) of an offence provided for in the crime.
Article 4 (19.12.2014/1179) (19.12.1997/1220) the business content of the prohibition on conducting business specified must not: 1) itself or another intermediary, using to conduct a business, which is provided for in the accounting Act, accountability;
2) be a shareholder or a limited partnership company under the responsibility of the company or the person as a member of the European economic interest grouping;
3) as a member of the Board of the Foundation, community, or as an alternate, the Managing Director or of any other of those deemed in the community or Foundation;
4) itself or another intermediary community or Foundation, or actually leads to a by using a foreign branch or take care of it;
5) itself or another intermediary, using the make a joint stock company in the Treaty or not as the founder of the cooperative;
6) find yourself or another intermediary, using the ownership or control of the business in an agreement in the community; or 7) engaged in the business of foreign countries, set up by the community in Finland as an intermediary, or actually leads to an overseas operation of the community, who carries out the business operations in Finland, except to a limited extent and not have a dominant influence in the community.
(8 December 2006/1107) Prohibition does not apply to tasks or activities of a member of a civil within or to the Community Foundation or establishment, which is not the purpose of the pursuit of the business of these banknotes are not repatriated. The ban also does not apply to tasks or activities in a aatteellisessa Association or foundation that is not at all engaged in business activities or engaging in it only to a limited extent.
For specific reasons, it may be provided that the ban not apply to specific or a particular kind of business activities in a particular community or of tasks or Foundation, or in accordance with paragraph 6, subparagraph 1 in the acquisition of control, in the community.

section 5 (19.12.1997/1220) the duration of the ban to be imposed on the business of the business to a ban for a period of at least three and not more than seven years.

the prohibition on the imposition of a ban on article 6 of the General Business of the business, the Court Prosecutor's request.

section 7 (19.12.1997/1220) section 7 is repealed L:lla 19.12.1997/1220.

section 8 (19.12.1997/1220) the imposition of the ban Vireillepanoaika Business shall be brought within five years of the date on which the claim is based on the latest business failure or a criminal act.

date of entry into force of the prohibition of section 9 of the Business Business prohibition shall enter into force on the adoption of a decision of the Court, or. At the request of the defendant, the Court may, however, provide that such prohibition shall be linked to the entry into force of the decision, in whole or in part only in a specific period of the day, if there is a specific reason.
The decision on the imposition of the ban on business must comply with the appeal, subject to the upper Tribunal at the request of the defendant that the decision not to comply in whole or to safeguard. The claim of the defendant shall be notified without delay by the Court of appeal, which shall be immediately taken to examine the claim. (19.12.1997/1220), section 10 (19.12.1997/1220) that must be included in the decision on the imposition of the ban on elements of the business the decision shall specify the content of the prohibition, the ban on the start date and end date, as well as for infringement of the prohibition laid down in article 16 and 17 of the sanctions. The decision shall specify the obligations in the manner set out in the business as well, what a ban is according to section 21 (a).

section 11 (19.12.1997/1220) temporary ban If the person referred to in section 2 is suspected or wanted the business to the imposition of the ban for the offence and the business can be considered likely, can the Court Prosecutor's request to impose a temporary ban on him in the business, if it is necessary for the determination of the business, or harmful to the article 3 of the Commission of an offence referred to in paragraph 3, in order to prevent the award of the. (20.5.2011/541)
Temporary ban may be imposed for a maximum period of six months at a time. The temporary ban on the basis of the prosecution of the business subject to the procedure for the imposition of a temporary ban not brought within one year of the period of validity of the prohibition, to lapse.
The temporary ban is otherwise applicable to the business, 4, 9, 10 and 15, section 19 and 21 and 21A of the business. The decision on the temporary disqualification must be mentioned, when according to the lapse of the ban.
The decision, in which the temporary ban is imposed, may not apply for appealing to the change. However, the decision shall be allowed on the deck without a time limit.

Article 12 of the Temporary ban on the duration of the prohibition of business taking into account the Business shall be had both to the reduction of the time, the temporary ban has been in place.

13-14 § 13-section 14 is repealed L:lla 19.12.1997/1220.

the repeal of prohibition, section 15, of the Business, the Court may, at the request of the Prosecutor, after consulting business from the prohibition laid down in the repeal of the ban in whole or in part, if the repeal of the ban is justified by the specific nature of the changed circumstances, or any other reason.

section 16 (24.7.1998/598) the penalty for infringement of the prohibition provided for in the Criminal Code of 16 business Chapter 11.

section 17 of the prohibition violated the ban pitentäminen Business if the business and not an infringement cannot be considered to be negligible, the Court may, at the insistence of Prosecutor pitentää ban, a total of not more than five years. The business end of the pitentämistä shall be required prior to the ban on the ban.
The decision, in which the business is pitennetty, is the appeal to comply with the court orders otherwise, if higher.

section 18 of the prohibition imposed by the competent court in the matter of the Business will be examined in the Court, which is responsible for the prosecution of the case on which the claim is based or in whose area of jurisdiction the business activity in question should have been pursued. (19.12.1997/1220)
The imposition of the ban, the Court in which the matter is brought to the business, not the Prosecutor's motion to transfer the case to another competent court, if it is appropriate, in order to clarify the issue or for any other special reason. Move any relevant decisions by the Court of Justice and other measures are in place, until the Court, where the case has been referred, that is. It is not allowed to move back and forth to another competent court, unless new reasons for it. The decision, in which the case has been transferred to, or transfer the next abandoned shall not be subject to appeal.

The application for annulment of the ban will examine the business of the General Court of first instance, which is resolved on the issue of the prohibition of business. The extension of the prohibition and the ban on the business of the business will be examined in the case referred to above in this paragraph or in the prosecution of the case before the Court, which is otherwise competent. (19.12.1997/1220) section 19 case, with regard to an extension of the ban imposed by the Business concerned, and shall apply mutatis mutandis to the proceedings by the public prosecutor in criminal, what. The issue can be investigated and resolved despite the absence of the defendant. The defendant's obligation to compensate for the costs incurred by the State, if applicable, in effect, what the criminal case until the time provided for. (2011/448)
Business compliance with the application of the prohibition proceedings, the provisions of Chapter 8 of the code of judicial procedure concerning. The Court, however, to consult the public prosecutor takes care of the necessary measures. The Prosecutor has the right to apply for review of the decision, in which the disqualification was revoked. (the remainder/773) (3) has been revoked for the remainder, the L:lla/773.

19 (a) in the section (19.12.1997/1220) disqualification from the examination If the person referred to in section 2 is on suspicion of business crime, which cannot be considered to be negligible, the investigation will also examine whether or not the imposition of a ban on business conditions. In addition, at the request of the Prosecutor, the police provide to the imposition of the ban on the issue of the extension of the business or the investigation.

section 20 of the urgency of the matters relating to the business of the ban is to be dealt with in all courts as a matter of urgency.

section 21 (19.12.1997/1220) registry of legal Register Centre keeps a register of business within the meaning of the prohibition on the use of the general public in order to implement, as well as to comply with the prohibition and control of a public figure. The business shall be entered in the register or the temporary ban imposed on the person's name in the business, a personal identification number, and the purpose of the register of the home team, as well as other information necessary for the performance of the content of the prohibition, the duration of the validity of the Court of Justice and the rest of the solution on the basis of a declaration issued by the. The Declaration provides for the Court of Justice of the Council of State regulation. (8 December 2006/1107)
Notwithstanding the provisions of the Act on the openness of government activities (621/1999), article 16 (3), everyone has the right of access to information in the registry of the existing entries in the copy business prohibitions and in hard copy. The legal Register Centre may disclose information about its technical connection or otherwise electronically to the Court and to the rest of the authority that needs information as provided by law for the performance of their functions, to the community, as well as the credit activities engaged in credit and financial institutions and the rest of the community, which in its activities in order to assess the reliability of the information about the parties, constantly needs or other comparable acceptable purpose. Before the opening of the transferee be given the technical use of the connection to the controller must report on the protection of the data. (8 December 2006/1107)
The authorities referred to in paragraph 2, to be delivered free of charge. (8 December 2006/1107)
Information relating to the business of the ban will be removed from the registry after five years from the end of the ban.
Information on the completed business bans should be kept secret. However, the information may be disclosed to the police to face preliminary charges for breach of the prohibition of the crime business and business conditions for the imposition of the ban, the Prosecutor for the prosecution and the prosecution of driving turvallisuusselvityslain (726/2014) according to the competent authorities for the purpose of drawing up the safety report referred to in the law. (19.9.2014/734) 21 (a) section (19.12.1997/1220) monitoring of compliance with the prohibition on enforced a ban on the police. The control is valid, what the police law (872/2011) provides for police investigations. The prohibition laid down in the police investigation of the business is determined by the position of the Police Act, Chapter 6, section 2, in accordance with paragraph 2. (July 22, 2011/895)
When the ban on the entry into force of the business has become, is the police to draw up a report on what the business conducting business specified is carried out prior to the ban on prescribing and what measures it has taken as a result of the ban. Conducting business specified is required to provide the information necessary for the purpose of the survey. His is a ban on the behest of the police during the period of validity of the forward to the report of this themselves, and information on the job.
Execution of tax, customs, and security, bankruptcy attorney, public funds, grants and benefits related to the granting authority, as well as the business activities of the licensing and enforcement functions of the authority shall ensure that its activities to the achievement of compliance with the prohibition on paying attention to business. (8 December 2006/1115), section 21 (b) (8.12.2006/1107) tasks of the Board of patents and registration of Finland the National Board of patents and registration is to ensure that the ban on the people's business in accordance with the prohibition of the trade register or the register of a mark the Foundation of the task, which ban imposed according to article 4 shall not be. If the ban is imposed, according to the register of a person in such a task at the start of prohibition, the prohibition of data shall be entered in the register, and its duration. Entry must be removed from the end of the ban.

section 22 of the regulation on the implementation of the provisions of this law, as well as the delegation of more detailed business bans to be held in the registry shall be established by regulation.

the date of entry into force and transitional provisions article 23 of this law shall enter into force on 1 January 1986.
This law shall apply, if you a declaration of bankruptcy, that the investigation that led to the business is neglected the obligations relating to the operation of the business, has taken place since the entry into force of this law. THEY 29/85, the second lvk. Mrs. 3/85, svk. Mrs. 128/85 acts entry into force and application in time: 30 April 1986/311: this law shall enter into force on 1 May 1987.
THEY'RE 90/85, lvk. Mrs. 9/85, svk. Mrs. 1/86 29.12.1988/1263: this law shall enter into force on 1 January 1989.
THEY 186/88, lvk. Mrs. 14/88, svk. Mrs. 217/88 19.12.1997/1220: this law shall enter into force on 1 March 1998.
The provisions of this Act shall apply to the imposition of the ban on business, if any claim is based on the failure referred to in paragraph 3, or the offence was committed after the entry into force of this law.
The requirement for the Council to impose the ban, according to the previous provisions, the business is to be made within two years of the entry into force of the law. If the ban is imposed according to the provisions of the earlier of the contents and duration of the ban, however, in effect, what this law provides in article 4 and 5.
This law superseded the law on business from the prohibition of article 7 shall apply, if the bankruptcy is commenced before the entry into force of this law.
THEY 198/1996, LaVM 15/1997, EV 195/1997 24.7.1998/598: this law shall enter into force on 1 January 1999.
THEY'RE 6/1997, THEY LaVM 3/117/1997, 1998/2, 1998, SuVM, EV 60/1998 8.3.2002/182: this law shall enter into force on 1 September 2002.
THEY'RE 43/2001, 26/2001, HaVM EV for the remainder of 2001/197/773: this law shall enter into force on 1 January 2003.
The case, which has been initiated before the entry into force of this law, in accordance with the Court at the time of entry into force of this law, the provisions in force.
THEY'RE 32/2001, LaVM 12/2002, EV 97/2002 8 December 2006/11: this law shall enter into force on 1 January 2007.
If the disqualification provides for a failure referred to in paragraph 3 or on the basis of the offence, which took place before the entry into force of this law, the content of the prohibition shall also be valid for article 4, 5 and 7.
THEY LaVM 14/82/2006, 2006, EV, 2011 154/2006/448: this law shall enter into force on 17 May 2011.
THEY LaVM 34/286/2010, 2010, EV 311/2010 20.5.2011/541: this law shall enter into force on 1 June 2011.
THEY'RE 282/2010, LaVM 2010, 43 EV 364/2010 July 22, 2011/895: this law shall enter into force on 1 January 2014.
THEY'RE 224/2010, HaVM 42/2010, 8.30 am, EV 371/2010/228: this law shall enter into force on 1 July 2012.
THEY HaVM 6/122/2011, 2012/2012 19.9.2014 23, EV/734: this law shall enter into force on 1 January 2015.
THEY'RE 57/16/2014, 2013, HaVM EV 79/2014 19.12.2014/1179: this law shall enter into force on 1 January 2015.
THEY'RE 103/15/2014 2014, LaVM, EV 189/2014