In accordance with the decision of the Parliament:

ARTICLE 1 (19 DECEMBER 1997/1220)

Purpose of the law

In order to prevent unsuitable and harmful conduct of business and to maintain confidence in business activities, a business ban may be imposed as provided for in this Act.

ARTICLE 2 (19 DECEMBER 1997/1220)

Identity of the business ban

The business ban may be imposed under the conditions laid down in Article 3:

(1) a private trader whose business is in the accounting law; (655/1973) The accounting obligation laid down;

(2) the partner of an open company, the responsible company of the composite company and the member of the European Economic Interest Grouping; and

(3) the person who, as a member of the Community Government or as the managing director or in any other comparable situation, shall, as well as effectively direct or managing the activities of the Community or the Foundation or of a foreign branch.

ARTICLE 3 (19 DECEMBER 1997/1220)

Conditions for the imposition of a business ban

An operating ban may be imposed on the person referred to in Article 2,

(1) if, in the course of the transaction, he has substantially failed to fulfil its statutory obligations; or

(2) if he has committed a criminal procedure in the course of his business, which cannot be regarded as minor,

And his activities as a whole are expected to be detrimental to creditors, contractors, public finances or healthy and functioning economic competition.

In accordance with paragraph 1, paragraph 1, of the materiality of negligence, account shall be taken, in particular, of the planned nature of the negligence, their duration and their frequency and the amount of damage caused by the negligence. The default shall always be considered to be essential if the person referred to in Article 2 has failed to comply with the obligation of accounting, so that the economic performance and the position of the reporting entity or the business of the reporting entity are not Business events can be cleared without undue effort.

In addition, a business ban may be imposed on the person referred to in Article 2 if he or she is guilty of:

1) Criminal law (39/1889) Articles 18 or 18a shall be punishable in the event of a criminal offence or an undertaking or any part thereof;

(2) Article 19 of Chapter 17 of the Penal Code In the case of a criminal offence or complicity;

(3) against a person younger than 18 years of age Chapter 20 of the criminal code Articles 9 or 9a shall be punishable in the event of a criminal offence or an undertaking or any part thereof;

(4) Chapter 25 of the criminal code (3) or (3a) to the offence provided for in Article 3 (a), or to the undertaking or to participate therein; or

(5) Chapter 47 of the criminal code Article 3a of the offence provided for in Article 3a.

(19/04/2013)

§ 4 (19 DECEMBER 1997/1220)

Content of the business ban

The imposition of a business ban shall not:

(1) by means of an intermediary or a second intermediary, carrying out the business of which the accounting law provides for a reporting obligation;

(2) be a company of an open company or as a liability of a commandiite company or as a member of the European Economic Interest Grouping;

(3) be a member of the Board of the Community or of the Foundation, as a substitute member, as a managing director or in any other comparable position within the Community or the Foundation;

(4) by means of an intermediary or a second intermediary, the conduct or management of the activities of the Community or of a foundation or of a foreign branch is actually carried out;

(5) himself or the second intermediary, using the Treaty or as the founder of the cooperative;

(6) acquire self-or other means of control by means of ownership or contractual control within the business community; or

(7) carry out business in Finland on a medium-term basis, or in fact lead to the activities of a Community established abroad which does business in Finland other than to a limited extent and does not acquire Control in such a Community.

(8.12.2006)

The prohibition shall not apply to tasks or activities in a public body governed by public law or to a foundation or establishment belonging to the Community whose main objective is not to conduct business. In addition, the prohibition shall not apply to tasks or activities in an ideological association or a foundation which does not conduct any business or does so to a limited extent.

For specific reasons, it may be stipulated that a prohibition shall not apply to a particular business or to a particular type of business or functions or activities within a Community or a foundation or acquisition of control in accordance with paragraph 1 (6).

§ 5 (19 DECEMBER 1997/1220)

Duration of the business ban

The business ban may be imposed for at least three years and not more than seven years.

ARTICLE 6

The imposition of a business ban

The amount of the ban on business is subject to the general court's request.

§ 7 (19 DECEMBER 1997/1220)

Paragraph 7 has been repealed by L 19 DECEMBER 1997/1220 .

§ 8 (19 DECEMBER 1997/1220)

Time of withdrawal

The issue of the imposition of a business ban must be initiated within five years of the most recent non-compliance or criminal act on the basis of a business ban.

§ 9

Entry into force of the business ban

The ban on business shall enter into force on the declaration or adoption of a decision of the Court of Justice. However, at the request of the defendant, the court may order that the prohibition shall, in full or in part, take effect only on the day after the decision, provided that there is a specific reason.

The decision ordering the imposition of a business ban must be complied with, in spite of the appeal, unless the upper court at the request of the defendant is determined that the decision is not in full or in accordance with a decision. The defendant's claim shall be sent without delay to the Court of Appeal, which shall immediately take the request for examination. (19 DECEMBER 1997/1220)

ARTICLE 10 (19 DECEMBER 1997/1220)

Points to be mentioned in the Decision

The decision imposing a ban on business shall state the content of the prohibition, the date of the start and end of the prohibition and the penalties provided for in Articles 16 and 17. The decision shall also specify the obligations under Article 21a of the prohibition on the business prohibition.

ARTICLE 11 (19 DECEMBER 1997/1220)

Provisional business ban

If the person referred to in Article 2 is suspected or accused of a criminal offence and the imposition of a business ban may be regarded as likely, the prosecutor may, at the request of the prosecutor, order him to conduct a temporary business ban, Where it is necessary to prevent the making of a business or a criminal offence referred to in Article 3 (3). (20.5.2010)

A temporary business ban may be imposed for a maximum of six months at a time. If the procedure for the suspension of the temporary business ban has not been lodged within one year of the imposition of a temporary ban, the validity of the prohibition shall lapse.

The temporary business prohibition shall otherwise be subject to Articles 4, 9, 10 and 15, Article 19 (3) and Articles 21 and 21a of the business ban. The decision on the temporary business ban should indicate when the prohibition under paragraph 2 falls.

The decision to impose a temporary business ban shall not be challenged by any appeal. However, a decision may be made without a deadline.

ARTICLE 12

Taking into account the temporary business ban

In determining the duration of the business ban, the period for which the temporary business prohibition has been in force shall be taken into account.

ARTICLES 13 TO 14

Articles 13 to 14 have been repealed by L 19 DECEMBER 1997/1220 .

§ 15

Repeal of the business ban

The court may, after hearing the application for a business ban and after hearing the prosecutor, lift the prohibition in whole or in part, if the lifting of the prohibition is justified by the changed circumstances or any other particular reason.

ARTICLE 16 (24.7.98)

Penalties for breach of the business ban Article 11 of Chapter 16 of the Penal Code -In.

§ 17

Extension of the business ban

If the business ban is breached and the infringement cannot be considered to be minor, the Court may, at the request of the prosecutor, increase the ban by a maximum of five years. The extension of the business ban must be required before the end of the ban.

The decision to hold a business ban shall, in spite of the appeal, be complied with, unless the Court decides otherwise.

ARTICLE 18

The competent court

The issue of the imposition of a business ban is examined by the court which is competent to prosecute the offence in which the claim is based, or which has been carried out in the context of the tachograph. (19 DECEMBER 1997/1220)

A court in which a case concerning the imposition of a business ban is pending may, on a proposal from the prosecutor, refer the matter to another competent court if it is appropriate for the purpose of settling the case or for any other specific reason. The relevant decisions of the referring court and other measures shall remain in force until the Court of Justice in which the matter has been delegated otherwise. The matter shall not be transferred back or further to another competent court unless the new specific reasons require it. The decision to transfer the case or the transfer proposal shall not be subject to appeal.

The application for the lifting of the business ban is examined by the General Court, which, as the first instance, has ruled on the imposition of a business ban. The infringement of the business ban and the extension of the business ban shall be examined before or before the court, referred to in this paragraph, which is otherwise competent. (19 DECEMBER 1997/1220)

§ 19

Processing of case

The issue of the imposition and extension of the business ban shall apply mutatis mutandis as regards the prosecution of the criminal proceedings by the Prosecutor. It can be investigated and resolved, despite the defendant's absence. The defendant's obligation to pay the costs to the State for the purposes of the proceedings is, where applicable, in force as regards the defendant's criminal proceedings. (13/05/448)

The proceedings for the lifting of the ban on business shall be dealt with in accordance with In Chapter 8 of the Court of Justice Provisions. However, the court or tribunal shall take the necessary measures to consult the prosecutor. The prosecutor has the right to appeal against the decision to revoke the business ban. (30.8.2002)

Paragraph 3 has been repealed by L 30.8.2002/773 .

§ 19a (19 DECEMBER 1997/1220)

Investigation of the business injunction

If the person referred to in Article 2 is suspected of a crime committed in the course of business, which cannot be considered to be minor, it must also be examined in the course of the preliminary investigation whether the conditions for the imposition of a business ban are met. In addition, at the request of the prosecutor, the police must provide an investigation into the imposition or extension of the business ban.

§ 20

The urgency of the matter

The business ban must be dealt with as a matter of urgency at any legal level.

ARTICLE 21 (19 DECEMBER 1997/1220)

Register

The Court of Justice shall keep a register of public access for the purposes of public access to the business ban and the prohibition and control of the prohibition. The register shall include the name, personal identification number and home municipality of the person assigned to the business ban or the temporary business ban, as well as any other information necessary for the purpose of the register, on the content, duration and other , on the basis of a statement from the Court of Justice. The Court's announcement is governed by a decree of the Government. (8.12.2006)

Notwithstanding the provisions of the Law on Public Access Article 16 (2) of the ec Treaty Article 3 (3) provides that each person has the right to be informed of the entries in the register of the business prohibitions in force, including as a copy and as a printout. The Centre of Justice may disclose information by means of a technical service or otherwise by electronic means to the court and to any other authority that requires information for the performance of its statutory tasks, the entity carrying out the credit function , credit and financial institutions and any other entity that is constantly in need of information for the purpose of assessing the reliability of the contracting party or any other such comparable purpose. Before opening a technical service, the transferee shall provide the controller with a description of the data protection. (8.12.2006)

Information to the authorities referred to in paragraph 2 shall be provided free of charge. (8.12.2006)

The information on the business ban shall be deleted from the register five years after the end of the prohibition.

Information on the closed business closures must be kept secret. However, information may be disclosed to the police for a preliminary investigation of the offence of a breach of the business ban and the conditions for determining the conditions for the imposition of a business ban, for the prosecution of the prosecutor and for the purpose of prosecution; and Security clearance law (26/2014) To the competent authorities for the purpose of drawing up a safety report. (19/04/2013)

§ 21a (19 DECEMBER 1997/1220)

Enforcement of the ban

Compliance with the ban is monitored by the police. Surveillance is in force, as is the case with the police. (872/2011) Provides for a police investigation. In accordance with Chapter 6, Section 2 (2) of the Police Act, the status of the business ban is determined by the police investigation. (12/01/895)

Once the business ban has entered into force, the police will have to draw up a report on what business ban has been carried out before imposing the ban and what measures it has taken in response to the ban. The obligation to carry out the business prohibition shall be required to provide the necessary information for the report. During the period of validity of the ban, he shall provide the police with an explanation of his/her livelihood and the information on his work.

The authority responsible for the tax, customs, outlet and salary security authority, the bankruptcy agent, the public funds and the granting authority and the contracting authority responsible for business activities shall ensure that: Attention is paid to compliance with the business ban. (8.12.2006)

Article 21b (8.12.2006)

Tasks of the Board of Patent and Registration

The Government of Patents and Registers shall ensure that no person who is subject to a business ban in the event of a prohibition is to be entered in a trade register or a foundation register for a post in which a prohibition is not permitted under Article 4. If, according to the register, the person who is subject to the prohibition is at the beginning of a prohibition in such a task, the record shall be entered in the register and the duration of the ban. The label shall be removed at the end of the prohibition.

§ 22

Mandate authorisation

More detailed provisions on the implementation of this law and a register of business bans are laid down in the Regulation.

ARTICLE 23

Entry and transitional provisions

This Act shall enter into force on 1 January 1986.

This law shall apply if, after the entry into force of this law, the establishment of a bankruptcy which has failed to fulfil its business obligations has taken place.

HE 29/85, second Ivhms. 3/85, svk.M. 128/85