Key Benefits:
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:
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:
a. to the extent to which the public registers referred to in Article 8 (1), first paragraph, points (a) to (c) : of the public registers referred to in Article 8, first paragraph, part a, of the Kadasterwet law , and
(b) as far as public registers are concerned, as appropriate Article 8 (d) (d) : of the public registers referred to in Article 8, first paragraph, part b, of the Kadasterwet law .
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.
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.
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.
3 The first and second members shall apply mutatis mutandis to Article 85, second paragraph, parts m and n, of the Kadasterwet law , except that in those paragraphs "part Q" means part U.
4 The first and second members shall apply mutatis mutandis to Article 92, second paragraph, parts m and n, of the Kadasterwet law , except that in those paragraphs "part Q" means part Y.
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.
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.
1 After the entry into force of the relevant parts of Article I This law is based on the implementing rules:
a. to the extent established pursuant to Article 4, first paragraph, first and second sentences, and second paragraph, of the Kadasterwet law as that article was worded before the entry into force of this Act and included in the Organisational Rule Kadaster 1994, on the Articles 4 and 4a, 1st member, of the Kadasterwet law ;
b. to the extent established pursuant to Article 4, first paragraph, third sentence, of the Kadasterwet law as that article was worded before the entry into force of this Act and included in the Measure Tpropriated vessels 1992 , on Article 4a, second paragraph, of the Kadasterwet Act ;
c. to the extent established pursuant to Article 4, third paragraph, of the Kadasterwet Act as that article was worded before the entry into force of this Act and included in the 1994 KadasterRule, on Article 4a, third paragraph, second sentence, of the Kadasterwet Act ;
d. to the extent established pursuant to Article 8, second sentence, second sentence, and third member, of the Kadasterwet law such as that article was worded before the entry into force of this Act and included in the 1994 Vessels Regulations 1994, Scheme Regulations 1994 and Aircraft Regulations, 1994, Article 8, second and third paragraphs, of the Kadasterwet law ;
e. to the extent established pursuant to Article 10, third and fourth member, of the Kadasterwet law as that article was worded before the entry into force of this Act and included in the Measure Tpropriated vessels 1992 , below Aircraft: Measure to be taken in 1996 , on Article 10 of the Kadasterwet Act ;
f. to the extent established pursuant to Article 12, third paragraph, of the Kadasterwet Act such as that article was worded before the entry into force of this Act and included in the 1994 Vessels Regulations 1994, Scheme Regulations 1994 and Aircraft Regulations, 1994, Article 12, second paragraph, part a, of the Kadasterwet Act ;
g. to the extent established pursuant to Article 15, second, third, fourth and sixth paragraphs, of the Kadasterwet law such as that article was worded before the entry into force of this Act and included in the 1994 Vessels Regulations 1994, Scheme Regulations 1994 and Aircraft Regulations, 1994, Article 15a (b), first paragraph, third sentence, second, third and fourth members, of the Kadasterwet law ;
h. to the extent established pursuant to Article 17 of the Kadasterwet Act such as that article was worded before the entry into force of this Act and included in the 1994 Vessels Regulations 1994, Scheme Regulations 1994 and Aircraft Regulations, 1994, Article 17, first paragraph, of the Kadasterwet Act ;
i. to the extent established pursuant to Article 46, third paragraph, third sentence, of the Kadasterwet law as that article was worded before the entry into force of this Act and included in the Implementation of the Kadasterwet Act 1994 , on Article 46, fourth paragraph, third sentence, of the Kadasterwet law ;
j. to the extent established pursuant to Article 85, fifth paragraph, second sentence, of the Kadasterwet law as that Article has been used for the entry into force of this Act and included in the 1994 ships Regulations, on Article 85 (4), fourth paragraph, second sentence, of the Kadasterwet law ;
k. to the extent established pursuant to Article 99, second paragraph, of the Kadasterwet Act such as that article was worded before the entry into force of this Act and included in the 1994 Vessels Regulations 1994, Scheme Regulations 1994 and Aircraft Regulations, 1994, Article 107, first paragraph, parts a and b, of the Kadasterwet law ;
L. in so far as Article 102, second paragraph, first and second sentence, of the Kadasterwet law as that article was worded before the entry into force of this Act and included in the 1994 KadasterRule, on Article 107 (a) and (b) of the Kadasterwet Act ;
m. to the extent established pursuant to Article 102, third and fourth member, of the Kadasterwet law as that article ushered for the entry into force of this law and included in the Cadaaster Decision , under the 1994 Kadasterrule, on Article 100, second paragraph , below 107, part f, of the Kadasterwet law ;
n. to the extent established by Article 103, second paragraph, of the Kadasterwet Act as that article was worded before the entry into force of this Act and included in the 1994 KadasterRule, on Article 106, third paragraph, of the Kadasterwet Act , and
o. to the extent established by virtue of the Articles 106, second paragraph , and 107, second member, of the Kadasterwet law as those articles for the entry into force of this Act and are included in the 1994 Vessels Scheme, 1994, on the basis of which they are covered by the rules on the system of Article 107 (a) and (b) of the Kadasterwet Act .
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.
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.
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 2005The Minister of Justice,
J. P. H. Donner