Law of 25 November 2013, laying down rules on the Chamber of Commerce (Law of the Chamber of Commerce)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
Allen, who will see or hear these reading, saluut! do know:
As we have considered, it is desirable to come to a single Chamber of Commerce and to set new rules on governance, tasks, and financing thereof;
For example, we, the Department of Advisers of the Council of State heard, and with mean consultations of the States-General, have been well-liked and understood to be right and understanding with these:
1 In this law, and the related provisions are defined as:
a. Our Minister: Our Minister for Economic Affairs;
b. the Room: the Chamber of Commerce, referred to in Article 2.
2 Our Minister designates the central general employers 'organizations generally recognized and the generally recognised central general employees' organizations as central employers 'organizations as the central employers' organizations. employees ' organizations within the meaning of this Act.
3 The Chamber disclaims the judgment in its judgment in the region in general employers 'organisations and employees' organisations generally recognised in the region in question as regional employers 'organisations as regional employers' organisations within the meaning of this Act.
4 Our Minister and the Chamber shall make notice in the Official Gazette of designation as referred to in the second or third paragraph.
1 There is a Chamber of Commerce that aims to stimulate economic development through inform and support in the field of enterprise enterprise business and innovation. persons who drive or consider a business venture.
2 The Room is located in Utrecht.
3 The Room has legal personality.
1 The Room determines regions and sets one or more regional sites by region.
2 The Chamber may determine, for the execution of a statutory task, that certain transactions are actually carried out at or through certain regional branches.
3 A decision pursuant to the first or second member shall be published in the State Gazette.
4 Under ministerial arrangement rules may be laid down for the establishment and elimination of regions and regional branches.
1 The Room sets regional enterprise gaps, which are assigned to regional branches.
2 The enterprise gap is the location where individuals who drive or consider a company can properly address business and business issues. innovation.
3 Participation in an enterprise square is open to other organisations under conditions to be determined by the Chamber. Conditions may also include contributions to the costs of the relevant enterprise square.
4 Participation shall be carried out in such a way as to way of ensuring that information and support is provided in the interests of the entrepreneur who uses the enterprise's square.
5 Our Minister may provide rules for participation in enterprise gaps, including rules that exclude participation in certain cases, or by certain organizations, limited or Subject to its prior consent.
1 Our Minister is responsible for the establishment, maintenance, operation and security of a digital enterprise square using which for the benefit of persons who are an enterprise float or consider setting up a company:
a. Information is made available that is important for the creation and driving of an enterprise;
b. Message traffic between persons who drive or consider an undertaking and can be targeted by an undertaking and administrative bodies may take place, where it has been opened up to that purpose.
2 Our Minister can grant permission for all legal acts and actions for the execution of the first member to the Room of the Office, which is under the authority of the Subsection.
1 The Room consists of a chair, and no more than four other members.
2 The members perform their function without a load or back speech.
1 The members of the Room are appointed on a proposal from the Room.
2 The Nomination is reasoned and is based on a profile established by Our Minister, heard from the central employers 'and employees' organisations.
3 If a nomination does not lead to appointment by Our Minister, a new nomination is made. Our Minister may deviate motivated from the second nomination.
4 Our Minister may decide on a date on which a nomination will be is to be done in the second or third paragraph. If the nomination has not been submitted at that time, it can be named without a nomination.
The members of the Room will be appointed for a period of four years. They may be reappointed at most twice.
1 There is a Central Council, consisting of a maximum of twelve members.
2 The Central Council assigns a chair from its middle chair.
3 A member of the Central Council may not also be a member of the Chamber or be employed by the Chamber.
1 Our Minister appoints, suspends and defies the members of the Central Council.
2 At most six members from the business group members are appointed on a proposal from the central employers ' organizations.
3 At most three members from the class of employees are appointed on a proposal from the central employee organizations.
5 Nominates are reasoned and are done in compliance with a profile established by the Chamber, heard from the central employers 'and workers' organizations.
6 Nominations referred to in paragraph 2, third paragraph and fourth paragraph shall be made through the Court's intervention. The Chamber shall determine the time at which these nominations are to be received. If a proposal has not been received at that time, the Chamber may itself make the relevant nomination taking into account the second, third or fourth member states.
7 The Chamber does not return a nomination to Our Minister after it has determined that it is in accordance with the provisions of this article.
Our Minister determines the compensation of the members of the Central Council.
1 The members of the Central Council are appointed for a period of four years. They are completed at the same time and can be reappointed at most once.
2 The person who has become a member for the performance of a In the interim cases, the time at which the person in whose place he entered should have stepped down.
1 There is a regional council by region, consisting of a maximum of twelve members.
2 A regional council points from its middle chair.
3 A member of a regional council may not also be a member of the Chamber, be a member of the Central Council or be in service of the Chamber.
1 The office names, suspends and defies the members of a regional council.
2 At most six members from the business group members are appointed on a proposal from the regional employers ' organizations.
3 At most three members from the class of employees are appointed on a proposal from the regional employee organizations.
4 At most three other members are appointed without a nomination in the interest of a balanced composition of the Board or in the interest of company expertise in the field of enterprise and innovation.
5 Proposals are with reasons reasoned and are done in accordance with a profile established by the Chamber, heard by the regional employers 'and employees' organizations.
6 The Room determines the time when nominations must have been done. If a nomination has not been made at that time, the Chamber may appoint, without a proposal, taking into account the second or third members.
Our Minister determines the compensation of the members of the regional councils.
1 The members of the regional boards are appointed for a period of four years. They are completed at the same time and can be reappointed at most once.
2 The person who has become a member for the performance of a In the interim cases, the time at which the person in whose place he entered should have stepped down.
1 The Central Council fixes the draft for the multiannual programme at least once every five years. The draft outlines the work to be carried out by the Chamber.
2 The draft also contains a description of the medium and long-term objectives to be achieved and the broad outlines of the policy to be addressed to it.
3 The Room sets the multiannual programme on the basis of the draft. In so far as the draft is concerned, the Court may adopt the multiannual programme by way of derogation from the draft. Derogation shall be given on the basis of reasons given in the multiannual programme.
4 The Chamber shall forward the multiannual programme to the Commission for its approval. Minister, accompanied by his position on the financial and organisational conditions to be fulfilled for its implementation.
5 Our Minister can determine the time at which the multi-annual and position should be received.
1 The Room sets an annual activity plan for the following year. The Room can change the activity plan in the interim.
2 In the Activity Plan, the work will be set up to determine which work the Room will work. to the extent that the available resources permit. The Chamber hereby adopts the main lines of the multiannual programme approved under Article 17 .
3 A regional council makes a proposal to the Chamber annually for a date to be determined by the Chamber for the implementation of Article 28 for the relevant region in the activity plan work. With regard to the commitment of these activities in the activity plan, the Chamber shall respect the regional multiannual programme adopted for that region in accordance with Article 23 .
The Room will explain the activity plan and the changes to the activity plan for advice to the Central Council.
1 The Room sends the activity plan to Our Minister every year, accompanied by the opinion of the Central Council.
2 Our Minister can determine the time at which the activity plan is to be received.
1 The Room Sets a Board Regulation.
2 In Board Rules shall in any case be subject to rules on how decisions of the Chamber are prepared, taken and implemented, and shall lay down rules on the task and powers of the President and other members.
The Central Council advises the Room on request or on its own initiative with respect to:
a. implementation of the multiannual programme,
b. the activity plan,
c. the work to be done or to be carried out, including, in particular, the tasks performed in the performance of tasks referred to in the Articles 30 and 31, lead to unsolicitable competition with enterprises or free professionals from the point of view of good market operation, and
1 The regional boards advise the Room if requested or out of its own regional affairs movement.
2 Heard the relevant private and public organisations involved in the stimulation of economic development in the relevant region to an important extent suggests a regional council at least once every five years adopt the draft for a regional multiannual programme. The design outlines the main lines of work that the Chamber will carry out in the relevant region for the execution of the task referred to in Article 28.
3 The design also describes the medium and long-term implementation of Article 28 in the region to achieve objectives and the outlines of the policy to be addressed to it.
4 The Chamber shall establish the Regional Multiannual Programme on the basis of the draft. In so far as the draft is concerned, the Court may, by way of derogation from the draft, adopt the multiannual programme, after hearing the relevant Regional Council. Derogation shall be given in accordance with the regional multiannual programme.
The Room is in charge of the establishment and management of regional enterprise gaps.
The Room will have the task provide, upon request, general information regarding the establishment and driving of an enterprise.
The Room will have the task:
a. provide a legal and economic guidance to an established or to be established undertaking, and to provide information on a legal and economic basis, and
b. to provide information on legal and economic matters to groups of persons who drive or consider a company.
The Room has the task of fostering economic development through advising companies on innovative developments as well as accompanying individuals or groups of individuals who drive or consider a business, as appropriate to set up business to develop and implement innovations.
1 The Room has the task of stimulating economic development in a region through the promotion of surveys, consultation and collaboration forms, and the disrequested informing public bodies of any matter affecting the economic development of trade, industry, craft industry and services.
2 The Room may provide for research and consultation and collaboration forms referred to in the first grant member.
3 By arrangement of the Chamber, rules for grant application can be issued under the second paragraph and grant ceilings may be established.
4 A scheme needs the approval of Our Minister and is published in the State Official Journal.
1 To the extent that no other rule applies, the Room can perform the following tasks in one or more regions:
a. issuing declarations for trade, industry, craft and service activities upon request;
b. the legalisation of signatures on request of persons involved in trade, industry, craft industries and services;
c. the deposit of general terms and conditions for the provision of a information referred to in Article 234, first paragraph, of Book 6 of the Civil Code.
2 Under ministerial arrangement, for the implementation of provisions of binding legal acts of the Council of the European Union or the European Parliament and the Council, they may be joint, related to the issue of statements as referred to in paragraph 1 (a).
1 The Room may decide to execute in one or more regions other than the tasks specified in Article 30to the extent that such tasks fit within the Objective of the Chamber referred to in Article 2 of this Act.
2 A decision as referred to in the first member need the approval of Our Minister.
3 The performance of tasks referred to in the first paragraph and as referred to in article 30 is mentioned in the activity plan and the annual report.
1 WithoutOnverminderdChapter 9 of the General Administrative Law Act , entrepreneurs, professional and professional professionals, and legal persons who, by virtue of their objectives and according to their factual activities, represent the general and collective interests of economic operators or of free professionals the right to lodge a complaint with the Court serve.
2 A competition complaint states and substantiate that a particular activity identified in the complainant for the execution of a complaint The Court's task leads, from the point of view of good market operation, to unsolicits competition with undertakings or free professionals.
3 A competition complaint and its treatment are the following articles of Title 9.1 of the General Administrative Law Act of corresponding application:
c. 9:10, with the exception of the phrase "and the person on whose behavior the complaint refers";
d. 9:11, except that the specified time limits are six weeks longer and the phrase " and the person on whose conduct the complaint relates has " not applicable;
e. 9:12, first member, and 9.12a, it being understood that the annual publication of the registered complaints is accompanied by a business view of the contents of the complaints, of the findings of the examination of the complaints, of the judgments of the Chamber and of any conclusions attached thereto;
f. 9:13 up to 9:16.
1 If the Room, whether or not in response to a competition complaint, finds that an activity to execute a task leads to unwanted market performance competition with undertakings or professional professionals, the exercise of the activity in question shall be terminated within one year.
2 By general management measure, regulations may be given for the execution of work by the Chamber, including rules that deny the Chamber the execution of certain activities.
1 For activities to execute the tasks referred to in the Articles 5, 24 to 28, first member, and 31, ensure that the Minister is responsible for financing, in whole or in part, the costs associated with the execution of those activities for the Chamber, and the fees.
2 The Central Council shall, before 15 October each year, after hearing the Central Council, with a view to its adoption, referred to in the first paragraph, a proposal.
3 The Chamber may provide that certain fees as referred to in the first paragraph are due without this Decision was adopted. In so doing, the Room determines the time limit for payment.
2 Fees and Contribuations to the Chamber shall not be used for reimbursement of costs related to the performance of the tasks referred to in paragraph 1.
3 The first and second paragraphs shall apply mutatis mutandis to legal persons whose majority of the shares or voting rights are held by the Chamber in the General Assembly; or of whom the majority of directors or of the Commissioners are appointed by the Chamber.
1 The Room sets the annual report.
2 At Ministerial can be subject to rules on how the annual report is to be set up.
The established annual report is for 8 weeks for access to the Chamber. This is what the Chamber gives notice in the State Official Journal.
By ministerial arrangement detailed rules on the exchange of data referred to in Article 20, first paragraph, of the Framework Law on self-employed entities.
1 The benefits of the Room consist of:
a. the proceeds from fees for activities performed for the execution of tasks by or under this Act;
b. the proceeds from fees for other tasks assigned to or under the law to the Chamber;
c. the proceeds from other activities and from cooperation with third parties;
d. other benefits, other than those mentioned, other than the contribution from the state budget.
2 The cost of the Chamber under the approved budget, to the extent that they are not covered by the budget, to the extent that they are not combated from the benefits.
The proposal, Referred to in Article 28, first paragraph, point (a) of the Framework Law on self-employed administrative bodies, shall include a breakdown into the tasks referred to in the href= "#Hoofdstuk2_Artikel5"> articles 5 and 24 to 28, first member, and the other tasks assigned to the Chamber or under the law.
By ministerial Detailed rules on the establishment of, and explanatory notes to, the budget may be laid down, as well as requirements relating to the height and composition of own funds.
1 Without Article 29, second member, of the self-employed Border Law administrative bodies Our Minister will be able to abstain from the budget if he has any objections to the amount of the proposed amount in the state budget under Article 39 shall be included.
2 Upon approval, our Minister may, by way of derogation from the budget, allocate an amount for a given task as referred to in the Articles 5 and 24 to 28. Room expenditure in violation of the destination may be deducted in whole or in part by Our Minister on contributions in subsequent years.
3 Our Minister provides in the relevant year in a rhythm to be determined by him a contribution to the cost incurred under Article 39, second paragraph, to be charged to the state budget.
4 If no budget has been approved for expenditure in a given month, the Chamber is entitled to spend up to a maximum amount fixed by Our Minister for that month.
1 The Chamber determines the financial statements.
2 By ministerial arrangement, rules on the establishment of, and the explanation of, the financial statements can be laid down, as well as on audit points for auditing.
1 The Chamber needs the prior consent of Our Minister:
a. acts referred to in Article 32 (a) to (g) of the Framework Law independent administrative bodies;
b. investment in infrastructure for the benefit of, or for the benefit of, others than the Chamber itself.
2 The first paragraph shall apply mutatis mutandis to acts of legal persons whose majority of the shares or voting rights in the General Assembly are directly or indirectly owned by the Chamber, or whose majority of the shares or voting rights are directly or indirectly held by the Chamber. majority of directors or of the commissioners are appointed directly or indirectly by the Chamber.
3 Our Minister may connect with the consent rules and restrictions.
4 Our Minister can act as intended in exempting Article 32 (c) of the self-employed administrative bodies from the requirement of prior consent to the extent that the amount involved in the act is a one of the Do not exceed the amount of the exemption.
The obligation, specified in article 20, first paragraph, of the self-contained administrative bodies, also applies to legal persons whose majority of the shares or voting rights are in the general government of the meeting directly or indirectly in the hands of the Chamber or of whom the majority of directors or Commissioners are directly or indirectly appointed by the Chamber.
1 The Room sets a code of conduct to promote the integrity of the behavior of the members of the Room and the procedure of the Chamber.
2 The decision establishing the code of conduct requires the approval of Our Minister.
3 The approval can be remembered for violation of law or public interest.
The association Chamber of Commerce The Netherlands has dissolved and ceased to exist.
The foundation Syntens has been disbanded and ceases to exist.
1 Within eight days of the entry into force of Article 2 , the Chamber shall ensure that the registration of the Chambers of commerce and factories in the commercial register.
2 Within eight days of the entry into force of Article 69 or 70 , the Chamber, for the cancellation of the registration of the Association Chamber of Commerce, Netherlands, provides the Court with a view to the registration of the foundation Syntens on the Commercial Register.
1 At the time of entry into force of Article 2 of this law, staff of the rooms of Purchase and sale of goods in service of the Chamber.
2 The legal position including: Claims in respect of a pension of the staff appointed to the Board of the Court of Appeal in the Office of the Court of First Instance and held directly for that appointment to a Chamber of Commerce and Industrial Plants shall be at least equivalent to that of the Board of Appeal. which apply to each of them in the relevant room.
3 For the purposes of applying the second paragraph, staff members shall be informed of the requirements of the (a) The use of a temporary employment relationship with chambers of commerce and factories employed by the Chamber for the remaining duration of that service.
1 At the time of entry into force of Article 69 of this Act, the staff of the Association Chamber of Commerce Netherlands of law dismissed and appointed in the service of the Chamber.
2 Article 72, second and third member, shall apply mutatis mutandis.
1 At the time of entry into force of Article 70 of this Act, the staff of the Stichting Syntens van judiciary dismissed and appointed in the service of the Chamber.
2 Article 72, second and third member, shall apply mutatis mutandis.
1 The assets of the Chambers of Commerce and factories, of the Association Chamber of Commerce Netherlands and of the Syntens Foundation at the time of entry into force of Article 2, Article 69 , Article 70 of this Act, under general title on to the Room.
2 In cases where the first member of the registry makes goods, the Chamber shall make the transition from the register goods promptly to register in the public records provided for in Section 2 of Title 1 of Book 3 of the Civil Code. Article 24, first member, of Book 3 of the Civil Code does not apply.
3 On the matter of the transfer of assets, the transfer tax will not continue to be charged.
1 All rights and obligations of the chambers of commerce and factories, of the Association Chamber of Commerce Netherlands and of foundation Syntens, of any kind, at the time of entry into force of Article 2, Article 69 onderscheidenlijkitem 70 of this Act, on the Room.
2 Requests and Objection, submitted to a Chamber of Commerce and factories, shall be considered as applications and objections after the entry into force of this Act, submitted to the Chamber. The previous sentence applies mutatis mutandis to the tasks specified in the Commercial Registry 2007Handelsregisterwet.
3 A decision taken by a chamber of commerce and factories is a decision of the Chamber.
4 In legal proceedings and legal proceedings, involving a chamber of commerce and factories, the association Chamber of Commerce Netherlands or foundation Syntens is involved, is acting on the The time of entry into force of Article 2, Article 69 and Article 70 of this Act shall be the place of that Chamber of trade and commerce, from the Netherlands Chamber of Commerce and Commerce, respectively by the Syntens Foundation.
5 Statements of objection and legal proceedings and legal proceedings referred to in paragraphs 2 and 4 of this paragraph shall be applicable as applied before the relevant date of entry into force of that paragraph as referred to in paragraph 4.
6 Time-limits pending before the entry into force of this Act for the adoption of legal proceedings and legal proceedings in which a Chamber of Commerce and Industry, the Association Chambers of Commerce Netherlands or Stichting Syntens is involved, are open during the remaining part of those time limits.
7 In cases where before the date of entry into force of this Act, the National Ombudsman is requested to conduct an investigation or the National Ombudsman has an inquiry to conduct a practice attributable to a chamber of commerce and factories, the Chamber shall act as a governing body within the meaning of the National Ombudsman Law at that time. the place of that chamber of commerce and factories.
8 By way of derogation from the first member and Article 75, first paragraph, at the time of those members, the rights and obligations which the Association Chamber of Commerce Netherlands has entered into for the purposes of the care of the Our Minister for the establishment, maintenance, operation and security of the digital enterprise square, referred to in Article 5 of this Law, on the State.
Archimemodesty of the Chambers of Commerce and factories, of the Association Chamber of Commerce Netherlands and of foundation Syntens are transferred to the Chamber, as far as they are not in accordance with Archive law 1995 has been transferred to a file retention store.
1 By way of exception from article 7 , Our Minister for the first time appoints the members of the Chamber of its own motion, heard the judgment in his opinion generally acknowledged Central employers ' organisations and the central general employee organisations generally recognised in its judgment. For a hearing before the entry into force of this Act, if heard within the meaning of the first sentence.
2 The members of the Central Council and its members The Regional Councils shall be appointed within one year of the entry into force of this Act. For as long as the members have not been appointed, any of the rules of this law which seek the advice or involvement of the Central Council or a regional council to the extent that they do not apply.
1 Article 18, first paragraph, first sentence, of the self-contained administrative bodiesKaderwetand article 34, first paragraph, of the self-employed administrative bodies , shall be applied to the Chamber for the first time in the year following the year in which of this Act will come into effect.
2 If Article 2, Article 69 , under Article 70 , enters into force on 1 January of any year, the Chamber for 15 March of that year sets out the annual report on the on the previous year of the relevant former organisation or organisations. The annual report shall be drawn up in accordance with the accounting rules applicable to the former organisation concerned.
3 If Article 2, Article 69 , Article 70 at a time other than 1 January of any The Court shall, before 31 March of the year following that entry into force, draw up a report on the exercise of duties and the policies pursued by the former organisation in the period until the entry into force of the appropriate article. The report shall be made as far as possible in accordance with the accounting rules applicable during that period for that organisation.
4 The second and third members shall apply mutatis mutandis to the financial statements or to account and accountability of financial management and of the delivered performance by the relevant former organisation during the period up to the entry into force of the article concerned. Account and justification shall be made as far as possible in accordance with the rules applicable to that organisation for the financial statements during that period.
5 The Chamber will perform for 15 March of the year following the year in which Article 2 enters into force report of the task exercise and the policy pursued by the Chamber in the period between the entry into force of Article 2 and the end of that year. Article 18, second paragraph, of the Framework Law on independent administrative bodies and section 19, third member, of the self-contained administrative bodies shall apply mutatis mutandis.
6 The Chamber will take into account for 15 March of the year following the year in which Article 2 takes effect and accountability from the financial management and delivery of the delivered The Court's performance in the period between the entry into force of Article 2 and the end of that year. Article 34, second and third members of the Framework Law on independent administrative bodies and Article 35 of the Framework Law, independent administrative bodies , shall apply mutatis mutandis.
By way of derogation from Section 26 of the Border Law Self-governing Bodies sets the budget for the remainder of the year in which this Act enters into force as soon as possible and transmits it so Soon as possible to our Minister. Until the budget is approved by our Minister, under Article 29 (1) of the Self-autonomous governing bodies (Framework Law), the Chamber is entitled to cover expenditure until the end of the year. Maximum amount of money fixed by Our Minister.
By way of derogation from article 41, first paragraph, of the 2007 Trade Registry Act finds the first time that the Chamber is subject to audit by an auditor within three years. after the entry into force of this Act, place less than the period of time between the last audit to have carried out the chambers and the time of withdrawal of the Law on the Chambers of Commerce and Plants 1997.
By ministerial arrangement rules shall be laid down as regards the effects of the entry into force of this Act to the extent that a good transition to the Chamber is progressing. These rules shall apply until 31 December of the calendar year following the year in which they entered into force.
The Law on the Chambers of Commerce and Plants 1997 is repealed.
This law will enter into force on a time to be determined by royal decree that can be determined differently for the different chapters, articles or parts of the document.
This law is quoted as: Law on the Chamber of Commerce.
Lasten and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so regards this matter. will hold.
Wassenaar, 25 November 2013
The Minister for Economic Affairs,
DeMinisterforWonen and Rijksdienst,
S.A. Blokissued the tenth of December 2013
The Minister for Security and Justice,