Key Benefits:
Decision of 9 April 1999 laying down detailed rules on the business plan and on the composition and operation of the Commission of experts in connection with the establishment of a notary (Decision of the notary business plan)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Secretary of State for Justice of 17 February 1999, Directorate-General for Law No CAS No 747930/99/6;
Having regard to the Article 7, third paragraph , and 110, second paragraph, of the Law on Notation ;
The Council of State heard (opinion of 25 March 1999, No W03.99.0076/I)
Having regard to the further report of our Secretary of State for Justice of 31 March 1999, Directorate-General for Law No 756523/99/6;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: the Law on notarial office ;
Business plan: the business plan referred to in Article 6 (b) (4) (b) of the Act ;
(c) Commission: the Commission of experts referred to in Article 7, second paragraph, of the Act ;
d. Place of establishment: the municipality, referred to in Article 8, first paragraph, of the Act .
The business plan shall express the intention of establishment:
a. succession into an already established solitary office;
b. Establishment of a solitary office;
c. follow up in an already established office in associative terms;
d. associative establishment with an office already established;
e. establishment of an office in associative relation;
f. Change of the place of establishment.
1 The business plan shall, in any case, contain the following elements:
a. Market exploration;
b. organization of the office organisation;
c. Results Forecast, and
d. Financing plan.
2 Article 4:2, second paragraph , and 4: 4 of the General Administrative Law Act shall be applicable mutatis mutandis.
1 The submitter shall provide information and documents proving that it fulfils the conditions set out in this Article or within three months of its compliance with the applicant. Article 6 (b), (b) (1), (2) and (3) of the Act .
2 If, following a negative opinion on a business plan by the same submitter, a new request for an opinion on the same place of establishment is given, it has been shown to be new facts or circumstances which have changed. indicate.
1 The Commission shall consist of a chairman and two members.
2 The chairman and one of the members shall have business management expertise. The other member is notary.
3 The President and the Members shall be appointed for a maximum period of four years. They can be reappointed once.
4 There are two alternate members. One member has business expertise, the other member is notary. The chairman shall be replaced, if necessary, by the member holding business management expertise.
5 The Commission shall lay down detailed rules on its own rules of operation.
6 The Office shall provide the Secretariat of the Commission.
If the information and documents supplied are insufficient for the assessment of the business plan or for the preparation of the opinion, the Commission shall, before taking the decision, inform the proposer of the plan in question. (i) deadline set by the Commission to supplement the business plan.
The Commission shall advise on business plans in order of receipt, subject to the condition that the applicant is Article 6 has had the opportunity to supplement the business plan, the date on which the business plan has been supplemented or the time limit has expired, as the date of receipt for the application of this provision and for the date of receipt of the application of Article 8, first paragraph .
The Commission shall advise the Commission within three months of the date of receipt of the business plan.
2 The Commission may request the KNB and the Office to supply within a specified period the information referred to in Article 2 (2). Article 7, second paragraph, of the Act To be provided.
3 The Commission may have the opportunity to inform the applicant of the business plan of the plan for the meeting.
The opinion of the Commission shall be negative if:
a. The business plan does not comply with Article 7, first paragraph, of the Act ;
b. The applicant does not comply Article 4 ;
c. the applicant provided incorrect information and the provision of such data would have led to an incorrect opinion on the plan.
(1) If the Commission delivers a favourable opinion, the Commission may inform the applicant of an earlier opinion which relates to the same place of establishment.
2 The notification does not state the name and address of the applicant of the previous business plan.
3 The applicant for the business plan to be notified shall be obliged to keep it confidential.
By 1 April each year, the Commission shall report to our Minister of Justice on the previous calendar year.
1 The cost of the Commission's advisory services is calculated on the basis of the integral cost. The calculation shall be based on the principles which are taken into account in the calculation of prudential principles. The costs shall be charged by the Secretariat of the Commission.
2 The rules governing the calculation of costs may be laid down by ministerial order and the costs to be charged to the applicant may be laid down.
This Decision shall enter into force on the date of its adoption Article 7 and 110, second member, of the law Enter into force.
This decision is cited as: Decision of the notary company plan.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 9 April 1999
Beatrix
The Secretary of State for Justice,
M. J. Cohen
Published the fourth of May 1999The Minister of Justice,
A. H. Korthals
