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Revision of Kadasterwet I Act

Original Language Title: Herzieningswet Kadasterwet I

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Law of 3 February 2005 amending the Kadasterwet Act, the Kadasterwet Act, the Cadaaster Organization Law, any other laws and some law books related to a more far-reaching application of information and communication technology to the European Union the provision of documents for registration in the public register of goods for the registration of goods, the holding of those registers and the provision of information thereon, as well as some technical adjustments which have been necessary in connection with the provision of such information, Additional requirements for the use of electronic signatures (Revision Act) Cadastral Law (I)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration that it is desirable to Cadastral Act , the Application of the Kadasterwet Act , the Kadaster Organization Law , any other laws and some law books to be amended in connection with a more far-reaching application of information and communication technology in the offer of documents to register in the public registers for registry goods, keeping that of ' registers and the provision of information, in order to promote an efficient provision of information, that it is also desirable that the Cadastral Act to amend, in the light of some necessary technical adjustments and the lodging of additional requirements for the use of electronic signatures pursuant to Article 3, seventh paragraph, of Directive No 1999 /93/EC from the European Parliament and the Council of the European Union of 13 December 1999 on a common framework for electronic signatures (PbEG L 13);

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Article I

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Kadasterwet Act.]

Article II

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modification of the Kadasterwet Import law.]

Article III

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modification of the Kadaster Organization Law.]

Article IV

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Civil Code.]

Article V

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modids the Code of Civil Procedure.]

Article VI

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Bankruptcy Act.]

Article VII

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Liability of oil tankers Act.]

Article VIII

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Nationality Law to seagoing vessels in bareboat chartering.]

Article IX

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Law on Taxation of Law.]

Article X

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modified the Law on the Notary Office.]

Article XI

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to the Inland Transport Act.]

Article XII

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Code of Commerce.]

Article XIII

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Zeebrim Act.]

Article XIV

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modification of the Amending Law Book 8 of the Civil Code etc. (modification of conditions of nationality granting and registration of seagoing ships).]

Article XV

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law Public Registration Act.]

Article XVI

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change this law.]

Article XVII

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Public records of the public registers held by the Service at the time of entry into force of this Act, Article 8, first paragraph, parts a to d, of the Kadasterwet law , as that article ushered up to that point in time, are part of:


Article XVIII

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By way of derogation from the provisions laid down by law, the depositary shall not pass a tender concerning a non-liability of a mortgage and a herd of funds.


Article XIX

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  • 1 Article 48, first paragraph , in so far as the name of the mortgage holder is concerned, Article 48, second paragraph, parts a, b, c and f , in so far as it involves a right of mortgage and an impound, and Article 48, second paragraph, part g, of the Kadasterwet law shall, without prejudice to the second sentence, be found to apply in respect of a right of mortgage and an seizure registered from the date on which he/she Article VIII of this Act shall enter into force. In relation to a right of mortgage and an impound registered in the public records for the time, intended in the first sentence, find the provisions of the Cadastral Act , mentioned in the first sentence, application, to the extent decided by our Minister of Housing, Spatial Planning and Environmental Management to that end. In a decision as referred to in the second sentence, the relevant mortgage and seizure rights shall be designated by at least the following words:

    • a. the office of the Service where the relevant registered documents are kept; and

    • (b) the period in which the documents in question were registered.

  • 2 A decision as referred to in the second sentence of the first paragraph shall be placed in the Official Gazette.


Article XX

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  • 1 Article 48, second paragraph, part j, of the Kadasterwet law shall apply to a notarial deed and a notarial declaration entered in the public records from the date on which they were entered in the register. Article I, Part Q , the entry into force of this law and of a notarial deed and notarial declaration registered for that time, as determined by the Ministry of Housing, Spatial Planning and the Environment, is to be determined by way of regulation.

  • 2 Article 48, second paragraph, part k, of the Kadasterwet law shall be applied in respect of a document entered in the public registers from the date on which they were entered in the register. Article I, Part Q , the entry into force of this law and a document registered prior to that date, in so far as it is determined by means of our Minister for Housing, Spatial Planning and the Environment, is to be determined.


Article XXI

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  • 1 Article 85, first paragraph , in so far as the name of the mortgage holder is concerned, Article 85, second paragraph, parts a, b, c and i , in so far as it involves a right of mortgage and an impound, and Article 85, second paragraph, part k, of the Kadasterwet law shall, without prejudice to the second sentence, be found to apply in respect of a right of mortgage and an seizure entered in the public records from the date on which they were registered. Article X of this Act shall enter into force. In relation to a right of mortgage and an impound registered in the public records for the time, intended in the first sentence, find the provisions of the Cadastral Act , mentioned in the first sentence, application, to the extent decided by our Minister of Housing, Spatial Planning and Environmental Management to that end. In a decision as referred to in the second sentence, the relevant mortgage and seizure rights shall be designated by at least the following words:

    • a. the office of the Service where the relevant registered documents are kept; and

    • (b) the period in which the documents in question were registered.

  • 2 A decision as referred to in the second sentence of the first paragraph shall be placed in the Official Gazette.


Article XXII

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  • 1 Article 92, first paragraph , in so far as the name of the mortgage holder is concerned, Article 92, second paragraph, parts a, b, c and i , in so far as it involves a right of mortgage and an impound, and Article 92, second paragraph, part k, of the Kadasterwet law shall, without prejudice to the second sentence, be found to apply in respect of a right of mortgage and an seizure entered in the public records from the date on which they were registered. Article XI of this Act shall enter into force. In relation to a right of mortgage and an impound registered in the public records for the time, intended in the first sentence, find the provisions of the Cadastral Act , mentioned in the first sentence, application, to the extent decided by our Minister of Housing, Spatial Planning and Environmental Management to that end. In a decision as referred to in the second sentence, the relevant mortgage and seizure rights shall be designated by at least the following words:

    • a. the office of the Service where the relevant registered documents are kept; and

    • (b) the period in which the documents in question were registered.

  • 2 A decision as referred to in the second sentence of the first paragraph shall be placed in the Official Gazette.


Article XXIII

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  • 2 The person who is custodian of the Land Registry after the entry into force of this Law and the public registers shall apply to an office of the Office of the Land Registry and public registries, subject to compliance with the requirements of the Register. Article 6, second paragraph, of the Kadasterwet Act have been appointed as the depositary of the register and public records.


Article XXIV

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This Law shall enter into force on a date to be determined by Royal Decree which may be adopted in a different way for the various articles or parts thereof, and shall act as such Article VII back to 1 July 1993.


Article XXV

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This law is cited as: Herseer Law, Kadasterwet I.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at The Hague, 3 February 2005

Beatrix

The Minister for Housing, Spatial Planning and the Environment,

S. M. Dekker

The Minister of Justice,

J. P. H. Donner

Issued the eighth of March 2005

The Minister of Justice,

J. P. H. Donner