Key Benefits:
Act of 28 June 1989, implementing Regulation No (EEC) No 2137/85 of the Council of the European Communities of 25 July 1985 instituting European Economic Interest Groups1 (PbEG L 199/1)
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 the view that it is desirable to adopt legal provisions for the implementation of the provisions of the Regulation No 2137/85 -of the Council of the European Communities of 25 July 1985 establishing European Economic Interest Grouchs.1 PbEG L 199/ 1);
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:
For the purposes of the application of the Articles 1 to: 8 The term "Regulation" means: Regulation No 2137/85 of the Council of the European Communities of 25 July 1985 instituting the European Economic Interest Grouchs.1 PbEG L 199/ 1).
For the purpose of implementing Article 39 of the Regulation, a register for the registration of a European economic grouping with a seat in the Netherlands or of a Netherlands establishment of another European Economic Interest Group designated: the trade register referred to in Article 2 of the Commercial Registry Act 2007 .
1 A European economic partnership with a registered office in the Netherlands shall have legal personality as from the day of its registration in the Commercial Register. The liquidation of a grouping shall end at the time when no known benefits are known to the liquidators and the grouping retains its legal personality until that time.
2 Title 1 of Book 2 of the Civil Code shall apply to the legal person referred to in paragraph 1, with the exception of Articles 11, 18, 19, fourth paragraph, first sentence, and 21 first paragraph. B and c. Articles 138 and 149 of that book shall apply to that legal person mutatis mutandis.
3 The provisions of Title 8, Section 2, of Book 2 of the Civil Code shall apply, or mutatis mutandis, to a European economic partnership with a seat in the Netherlands. A petition referred to in Article 345 relating to a grouping shall be submitted to the members of the grouping, an association of workers as referred to in Article 347, and the persons to whom it is to be submitted. the power to contract the formation of the contract or to the partnership agreement has been conferred on the grouping. The obligation laid down in Article 351, first paragraph, third sentence shall apply also to members of the grouping.
4 The documents referred to in Article 10 (2) of Book 2 of the Civil Code must be accompanied by explanatory notes and together form the annual accounts of the European Economic Interest Groun. It must be arranged in such a way that, in accordance with the standards accepted as acceptable in social traffic, it shall give such an insight as to whether it is possible to make a responsible assessment of the assets and results of the goods, and where possible, on the solvency and liquidity of the grouping. The financial statements should also provide a fair, clear and systematic view of the financial situation of the grouping. The grouping shall have the annual accounts examined by an expert as referred to in Article 393 of Book 2 of the Civil Code. The contract shall be commissioned by and the report on the examination shall be issued to the joint members of the grouping.
A legal person may be a director of a European economic partnership. That legal person shall designate one or more representatives within the meaning of Article 19 (2) of the Regulation. They shall be liable as if they were themselves directors of the grouping.
The competent authority within the meaning of Article 32, first paragraph, of the Regulation shall be designated: the public prosecutor's office.
It shall be prohibited to do business using that designation or the abbreviation EEIG to a person who is not a European economic grouping. In the event of a breach of this prohibition, any European economic grouping shall be entitled to claim that the offender shall abstain from such a prohibition, under penalty of a penalty to be determined by the judge.
1 A cooperative may be transformed into a European economic grouping, provided that the provisions of the Regulation are fulfilled, without terminating the existence of the legal person.
2 A European Economic Interest Group may be converted into a cooperative with civil liability, without terminating the existence of the legal person. The decision to do so shall be unanimous, unless the agreement establishing the constitution or the statutes of the European Union decides otherwise or which does not allow transposition of such a decision. The conversion shall be carried out by a document to be suffered for a Dutch notary.
This Law shall enter into force from 1 July 1989. If: State Sheet in which this law is placed, shall be issued after 30 June 1989, enters into force from the day following the date of issue of the State Sheet where it is placed.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 28 June 1989
Beatrix
The Minister of Justice,
F. Korthals Altes
The Secretary of State for Economic Affairs,
A. J. Evenhouse
Published 21 June 1989The Minister of Justice,
F. Korthals Altes
