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Parliament Act No. 12 Of 12 November 2001 On Nutrition Company In Greenland

Original Language Title: Landstingslov nr. 12 af 12. november 2001 om næringsvirksomhed i Grønland

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Parliament Act no. 12 of 12 November 2001 on nutrition company in Greenland Historically

Modified repeals, hovedlov replaces information

Repealed by
Parliament Act no. 29 of 9 December 2015 on nutrition


Amended by Act No. 5 of 27 March 2006 amending Rule Act on nutrition company in Greenland (Registration Duty Greenland Commercial Register for companies and the authority to regulate the sale off premises for tourist visits, etc.)

Hovedlov to
Home Rule Executive Order no. 20 of 1 June 2001 on the conditions for trade licenses to share - liability companies
Home Rule Executive Order no. 10 of 9 May 2000 on fees for trade license as a restaurateur and hotelier || | home Rule Executive order no. 37 of 29 december 1998 on fees for trade licenses


Adds to Home Rule Executive Order no. 20 of 1 June 2001 on the conditions for trade licenses to share - liability companies
Home Rule Executive Order no. 10 of 9 May 2000 on fees for trade license as a restaurateur and hotelier || | home Rule Executive order no. 37 of 29 december 1998 on fees for trade licenses


Chapter 1.

Scope


§ 1. This Act applies to business activities or supply of work of a certain duration, operated or carried out in Greenland subject. However paragraph. 2 and 3.
paragraph. 2. This Act applies to cooperatives to the extent that their business outwardly as nutrition business.
Subsection. 3. The Act does not apply to boards sale or for trading activity through fishing, fishing, hunting, agriculture or handicrafts and the like.


Chapter 2.

General


§ 2. Individuals have the right to operate nourishment when
1) has Danish citizenship or valid residence and work permit valid for Greenland
2) reside in Greenland,
3) ups or by authority of law has been authorized to independently operate the nourishment
4) are enrolled in the Greenland Business Register and
5) by nutrition exercise as auctioneer, stockbroker or real estate is not bankrupt.
Subsection. 2. The requirement of paragraph. 1 for Danish nationality and residence in Greenland lapse to the extent that it is based on international agreement or regulations set by the Government of Greenland.

§ 3. The Cabinet may allow the nutrient business to people who do not fulfill the conditions of § 2. 1. Failure to give such permission, the company is led by a manager. The manager must satisfy the requirements of § 2. 1 unless the Government of Greenland in exceptional circumstances exception.

§ 4. responsible partnerships and limited partnerships, all personally liable partners meet the requirements of § 2. 1, to drive the nutrient.

§ 5. Share and private limited companies and cooperatives have the right to operate nourishment when
1) they are registered in the Commerce and Companies Agency based in Greenland,
2) when the company's effective management of the seat in Greenland and
3) management and Board members are of age or by authority of law has been authorized on their own to run their commercial and
4) management and Board members is not bankrupt.
Subsection. 2. Is the company being formed, it may, notwithstanding the provision of paragraph. 1, when it is reported to the DCCA operate until the registration can be made.
Subsection. 3. Other limited liability companies, including companies with changing membership or alternating capital, associations, foundations and other private institutions domiciled in Denmark, the Faroe Islands or Greenland, has the right to operate nourishment when the directors and the majority of directors meeting the conditions of § 2, see. § 3, to drive nourishment.
Subsection. 4. Branches of foreign companies, etc. in the first paragraph. 1-3 type mentioned may manage only sustenance, if this is permitted by international agreement or by provisions laid down by the Government of Greenland. The Cabinet may also allow in a particular case. Branch Managers must be independently satisfy the requirements of § 2, see. § 3, paragraph. 1, in order to carry nutrition.
Subsection. 5. The Cabinet may, notwithstanding the rules in paragraphs. 1-4 in exceptional cases upon application, grant a license to operate trading activity.

§ 6. The right to operate the nutritional lapses when he no longer meets the statutory conditions for the operation nourishment see. However, § 7 and § 9
Subsection. 2. The Cabinet may exempt from the requirements of paragraph. 1.
Subsection. 3. If the right to operate nutrition lapsed or withdrawn under the Criminal Code for Greenland, Chapter 30 of the nutrition company immediately cease.


§ 7. Upon notification to the municipality can be an estate, a spouse who retains undivided possession, a bankruptcy or a guardian for a disempowered, continue deceased, fall's or the umyndiggjortes company with a view to winding up, the sale or the like of the company regardless of the estate, the spouse, the estate in bankruptcy or guardian of the minor does not meet the requirements of §§ 2 - 5 shall only apply until 1 year after the death, bankruptcy order or umyndiggørelsen. In special cases, the municipal council extend the deadline.

§ 8. Any license under this Act shall be issued by Greenland government may be limited and conditional.
Subsection. 2. Decisions under this Act shall be taken by a municipal council decision shall be within 4 weeks from receipt of the decision appealed to the Government of Greenland.


Chapter 3.

Sales of goods and services from business premises.


§ 9. Goods may only be sold from premises referred. However, Chapter 4.
Subsection. 2. Fixed establishment is permanent outlets, trade workshops and machines.
Subsection. 3. Personal inquiries about ordering items for later delivery from the business premises or the performance of handicraft or industrial work may take place only upon prior request from the customer, see. However paragraph. 4.
Subsection. 4. Paragraph. 3 shall not contacted about ordering in § 11 paragraph. 1 and 2, the said items. The provision of subsection. 3 is also not approached about ordering books or art craft work benefits are only conducted on site, contact persons and public institutions concerning the ordering of goods and services used in the undertaking concerned, subscriptions to newspapers, magazines and periodicals, drawing of insurance or subscriptions to rescue or ambulance services, with which one or more municipalities have contracted the execution of rescue ogslukningsarbejde event of fire.
Subsection. 5. The rules in paragraphs. 3 and 4 also includes any recording on demand for foreign bill.

§ 10. tradesmen who have business premises must have an entry with the holder's name on a place that is eye-catching for the customers.
Subsection. 2. Machines shall be provided with information on the holder's name (company) and business address.


Chapter 4.

Sales of goods and services off-premises


§ 11. Natural persons may without the in § 12, the case also despite the fact that the conditions for running nutrition are not met, off-premises by time around, selling from pushcarts, vans, tents or other temporary places of business, or on board sales, etc. sell
1) fresh natural products of agriculture, animal husbandry, fishing, hunting and fishing, these natural products are preserved by freezing, smoking and salting, as well as bread, milk, cream, edible ice, cheese, butter and margarine,
2) newspapers, magazines and journals, but only on the streets and squares and
3) Greenlandic handicraft and handicraft products.
Subsection. 2. Anyone who under paragraph. 1, only selling fishery products to related selling accessories and fiskehermetik.
Subsection. 3. tradesmen can also be for sale to traders off-premises selling products use in the undertaking.

§ 12. At the public markets, in markets and by ram rallies can be sold livestock, foodstuffs originating from agriculture, animal husbandry, fishing, hunting and fishing, as well as Greenland handicraft and handicraft products. This applies irrespective of the conditions in §§ 2-5 are not met.
Subsection. 2. Market trade may take place only at the times and places and under the conditions which the local council in agreement with the police.

§ 13. The Cabinet may exempt trading activity in forbindelsemedkøbestævner, sales exhibitions, fairs and exhibitions from the provisions of this Act.
Subsection. 2. tradesmen, representatives, etc., who seek to obtain orders for goods or services can keep exhibition and showroom collecting orders. The showroom should only be kept open and orders received from traders who use the products in their business.

§ 14. In special cases, the Greenland government provide individuals, companies, etc. permission for a limited period of time to sell specific goods and services off-premises.

§ 15. In the vehicle, ship, tent or otherwise used for the sale, the seller's name clearly marked. The requirement does not apply to time around of goods.


Chapter 5.

Especially for hotel and restaurant operations.


§ 16. By the catering operation in this Act

1) self-employment by serving food and beverages, including by specific events,
2) self-employment upon receipt of overnight guests with the possibility of serving or
3) rental of premises for companies makes provision for serving.
Subsection. 2. When serving purposes of this Act sales of dining or drinks at or by sale.
Subsection. 3. For cooperatives and other associations, the provisions of this chapter to the extent that their business outwardly as business activities, or serving strong or weak alcoholic drinks for the members fee.

§ 17 food service or hotel operation can only be operated from premises in Greenland, and from these establishments must be out of the house only sold cooked food, bread and cakes, and drinks.
Subsection. 2. The company can not start before the premises or pubs in approved for that purpose.

§ 18. The daily operations of the company to be led by him or by a manager. Drives business from several places, only one of these is led by the holder. Each of the other places of business will be headed by a manager.
Subsection. 2. Is the holder a specified in § 5, the companies or the like, each of the company's places of business managed by a manager. The same applies to in § 7 above should.
Subsection. 3. Managers must be notified to the municipal council on the premises. Managers must meet the requirements of § 2. The municipal council on the premises may, upon application, to a person who holds or manage leads more than one place of business.
Subsection. 4. The Manager has the same criminal responsibility for running the company as the holder.

§ 19. By noncore mean serving in rooms or in connection with employment or similar places for people who are engaged in business, for people who visit any of the employees, as well as drivers, messengers o. The like. with business in the company. The Cabinet may for special categories of companies set specific rules for defining beneficiaries circle.
Subsection. 2. The criminal responsibility under paragraph. 1 said company lies with the person on whose behalf the canteen operated. Do not take trading place in the canteen premises. However, the Greenland government provide for additions to the canteens without sales covered by this Act, may be negotiated specified food and beverages, personal necessities and the like.
Subsection. 3. The Cabinet may in special cases authorize the canteen premises - even after canteens hours - will serving in § 16 paragraph. 2, referred character place.

§ 20. At parties, meetings, markets, choice, temporary exhibitions and similar special occasions police may authorize a designated person exercising one of the law covered business as a restaurateur and hotelier with no other title.
Subsection. 2. Højskolers and similar establishments serving at common meals for participants at the institution gatherings and meetings can take place without the permission of the local council.


Chapter 6.

Especially for auctioneers, brokers and property dealers.


§ 21. The auctioneer business purposes of this Act receipt of goods for sale by auction at established locations and preparation of the auction.
Subsection. 2. Auctioneers shall not engage in trade or industry. If the continuation of an existing auctioneer company for specific reasons desirable, our government exempt from this provision. Auctioneers premises may only with our government's permission is used for other nutrition business.

§ 22. stockbroking business in this Act purchase or sale of securities in progress, arbitrage and exchanging money.
Subsection. 2. The term "stockbroker" may only be used if the requirements of this Act are met.
Subsection. 3. The Cabinet can provide detailed regulations on auditing and on access to use agents. Changers must have a permanent office.
Subsection. 4. Banks and savings banks can operate stockbroking company if this is permitted under other legislation.

§ 23. The real estate nutritional purposes of this Act company as intermediary in the purchase and sale of real estate as well as from business premises driven business activities.
Subsection. 2. Real estate agents and lawyers can drive real estate nourishment without special permission.
Subsection. 3. The Cabinet may determine that certain professions and positions can not be reconciled with the real estate nourishment.
Subsection. 4. The Cabinet may lay down rules for ejendomshandleres business. Property Dealers must have a permanent office.

Subsection. 5. Real estate agents and their employees shall not establish documents for registration of rights and mortgage the transfer of immovable property.


Chapter 7.

Common provisions.


§ 24 tradesmen are entitled in Greenland to sell their goods at auction.

§ 25. Persons under this Act has the right to operate nutrition can, where trade licenses required by other legislation issued trade licenses for the use of evidence in relation to other legislation. Trade license issued by the local council. In cases Cabinet has taken a decision in accordance with § 3 and § 4 or permit under § 8, the nutrition also issued by the Government of Greenland.
Subsection. 2. In nutrient letter indicates the holder and the area to which it applies and næringens kind specified.

§ 26. The Cabinet may establish and collect fees for issuing permits under this law. The Cabinet may issue more detailed regulations on the fees, and charging. The fee shall accrue to the Treasury.


Chapter 8.

Penalties.


§ 27. For violation of § 2. 1, § 3, 2.pkt., § 4, § 5, § 6 paragraph. 3, § 9 paragraph. 1, 3 and 5, § 10, § 12 paragraph. 2, § 13 paragraph. 2, point 2., § 15 paragraph. 1, 1.pkt. , § 17, § 18 paragraph. 1-3, § 21 paragraph. 2, § 22, stk. 2, § 23 paragraph. 4, 2nd sentence. and § 23 paragraph. 5, may be fined, which accrue to the Treasury.
Subsection. 2. In regulations issued by our government under this Act may be made for the fine for violation of the provisions of the regulations.
Subsection. 3. If the violation is committed by a company, which is run by the state, the Greenland Home Rule, a municipality or a municipal association, a limited liability company, cooperative, municipal association or similar fine may be imposed on the company as such.
Subsection. 4. The Cabinet authorized, in conditions determined on the basis of this law to lay down rules on fines for violating the regulation, also regardless violation is not attributable he acted intentionally or negligently.
Subsection. 5. enjoying, purchase or otherwise disposes dining or drinks in violation of this law may be fined.

§ 28. There will not be denied police access to premises or space from which operated nutrition company that belong to companies that are covered by this law. This does not apply to rooms that are rented to overnight.


Chapter 9.

Commencement and transitional provisions


§ 29 Landsting Act shall come into force on 1 January 2002.
Subsection. 2. At the same time Act No. 8 of 16 November 1984 on nutrition company in Greenland, Act No. 2 of 31 May 2001 amending Rule Act on nutrition company in Greenland, and Parliament Act no. 7 of 16 November 1984 on restaurant and hotel business in Greenland.
Subsection. 3. Notwithstanding paragraph. 2 remains decrees and other regulations established or maintained on the basis of Act No. 8 of 16 November 1984 on nutrition company in Greenland, Act No. 2 of 31 May 2001 amending Rule Act on nutrition company in Greenland and Act No. 7 of 16 november 1984 the hotel and restaurant and hotel business in Greenland in force until repealed.


Greenland Home Rule, 12 November 2001.

Jonathan Motzfeldt
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Søren Hald Møller