Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-06-06-38
Law on bustadbyggjelag (Housing preventing layer Act).
Ministry Ministry of Local Government and Regional Development
LOV-2015-06-19-65 from 10/01/2015
Published in 2003 Booklet 8
Effective 15.08.2005, 01.01.2004, 01.03.2004
Bustad The construction Team Lova - bbl.
Chapter 1. Hiring plementary provisions (§§ 1-1 - 1-5)
Chapter 2. stapling bustadbyggjelag (§§ 2-1 - 2-9)
Chapter 3. capital made (§ § 3-1 - 3-5)
Chapter 4. Percentage Owner (§§ 4-1 - 4-6)
Chapter 5. General Assembly (§§ 5-1 - 5-27)
Chapter 6 . leadership of the team (§§ 6-1 - 6-31)
Chapter 7. Activities in layer (§§ 7-1 - 7-4)
Chapter 8. Auditing (§§ 8-1 - 8 -6)
Chapter 9. Amalgamation of bustadbyggjelag (§§ 9-1 - 9-14)
Chapter 10. resolution, and liquidation (§§ 10-1 - 10-17)
Chapter 11. reparations oa (§§ 11.1 - 11.7)
Chapter 12. Miscellaneous plementary provisions (§§ 12.1 - 12.4)
Chapter 13. Entry into force. Transition Rules (§§ 13-1 - 13-3)
Ref. previously Act 4 February 1960 no. 1 on building societies.
Chapter 1. Hiring plementary provisions
§ 1-1. Scope
(1) Lova debt bustadbyggjelag. With bustadbyggjelag is meint EiT cooperative enterprises whose main purposes of obtaining residential buildings to share its owners through Burettslag or in any other way and managing residential buildings for share its owners.
(2) Companies Act and Companies Act does not apply for bustadbyggjelag.
(3) The King issues regulations on the use of Information Act in Svalbard and can lay down specific rules out from of conditions here on this page.
§ 1-2. Liability Limitation
(1) Share Owner liens not facing creditors for lagsskyldnadene.
(2) Percentage Owner has not obliged to acquaint innskot team or via a konkursbu beyond what follows from § 3-1 on proportion and § 3-2 regarding årspengar.
§ 1-3. Associating layer Associating Burettslag is Burettslag where it follows from the statutes that share its owners should be proportion Owner in a certain style bustadbyggjelag.
§ 1-4. Prohibitions against discrimination articles of association may not configure conditions to be share cigar that consider gender, ethnicity, religion, beliefs, disabilities, sexual orientation, gender identity or gender expression. Such elaborate can not be deemed to be reasonable grounds to refuse approval of ein share cigar or have weight in the allocation of Housing. By discrimination debt Equality Act, discrimination law on ethnicity, discrimination and accessibility law and discrimination law on sexual orientation.
§ 1-5. Use of electronic communication
(1) If not something else follows from this Act, the Housing preventing layer using electronic communications when to give messages, warning, information, documents and the like, work under this Act adds a percentage cigar, if the percentage Owner expressly has accepted this .
(2) When ein share cigar should give messages, etc. In this act for the team, he or she do this by means of electronic communication to the email address or the way the team has stipulated for this purpose.
Chapter 2. stapling bustadbyggjelag
§ 2-1. Staple Document
(1) To staple EiT bustadbyggjelag should staple a printer that will draw at least twenty units and inject capital in this together at least 100 000 Norwegian kroner, health services can open a stapling document. Stapling document shall contain Statute team (§ 2-2) and dei provisions that the Tribunal in § 2-3.
(2) If someone should have special rights source in conjunction with stapling, or layer will cover the expenses of the staple, this should be determinable in stapling document, cf. § 2-4.
§ 2-2. Minimum Statute
(1) The statutes shall at least contain plementary provisions on
Enterprises names for the team
Municipality in the realm where the team will have its registered office,
What resturants team will operate in addition to main objective,
Nominal value of duck lane
Showergels, etc and høgaste speak to members of the Board and valkomité,
What matters to be considered at the Annual General Assembly.
(2) The name of the Housing preventing layer (enterprises namnet) shall contain the word bustadbyggjelag or curtailment BBL.
§ 2-3. Minimum staple document elles Staple document shall otherwise disclose the names or firms name, address and identity number or registration number of staples rob, time for payment of duck lane and any innskotskapital under § 3-1, fourth paragraph concerning who should be first controller and the first auditor of the team.
§ 2-4. Provisions on specific source rights
(1) Stapling document should contain information on any agreements or other plementary provisions that team shall be party to the agreement. In that case, it nemnast what conditions should apply, and name and address of the person tilgodesedd. Declaration of provisional from auditors about the value of any provision which created to take over, shall be attached by stapling document. Any special agreement on repayment of innskotskapital, ref. § 3-1 fourth paragraph, should proceed by stapling document.
(2) A contract or not the local oral traditions that do not are accepted in stapling document under subsection can not be undone debt duck against the team.
(3) It can not be admitted condition that settlement of the Shares may happen with anna than pengar or that someone should have specific source is directed towards or benefit of the team.
§ 2-5. Opening Balance
(1) The Foundation Rane shall draw up and date ein opening up balance which shall be attached by stapling document.
(2) Opening balance is to be set in accordance with the Accounting and ein registered or certified public accountant shall confirm that the balance is set up in accordance with these rules. Opening balance with the auditor's confirmation shall be the earliest dated four weeks before stapling, cf. § 2-6.
§ 2-6. Stapling made staple Rane should date and sign stapling document. When all staples rob has signing stapling document are duck lane drawn on and made born.
§ 2-7. Payment of duck lane
(1) Duck Lane must be paid in at par innan the time as stipulated in stapling document. Is payment for late, the proportion Owner pay interest from the due date for Late Payments Act.
(2) changing the proportion cigar before deductible is paid, the new and the previously Owner jointly and severally liable when cigar shift is reported to the team.
(3) If the share not paid innan five days since the proportion Owner has received a written reminder, the team may give others the right to draw the proportion or stroke proportion a drawing if it is not in conflict with § 3-1, first paragraph.
(4) The provisions of this Section debt equivalent to innskotskapital by § 3-1 fourth paragraph.
§ 2-8. Message of the team to Register of Business Enterprises
(1) The team shall be notified to the Registry within three months after the stapling document signing.
(2) Before the team are notified to the Register of Business Enterprises, the share capital and any innskotskapital set forth in opening up the balance, be fully paid. The payment should be verified by an auditor. Is it paid out less than what is stated and verified in the message, the directors and auditors jointly and severally liable for the deficiencies. It applies even if it is not is Valda damage.
(3) If the layer is not notified to the Register of Business Enterprises by the deadline, the team may not register with. The same applies if registration is denied because of errors that can not be right.
(4) teams can not acquire rights or forcing out duties until it is registered.
§ 2-9. The requirement on innskot team entitled to share mind Scots or innskotskapital can not transfer. It also can not quiet as social security or be admitted outlays for debt.
Chapter 3. capital made
§ 3-1. Minimum Capital
(1) The team will have ein share capital of the saman least 100 000 Norwegian kroner.
(2) teams shall have at least twenty percentage Owner when it is born. Foundations Act Chapter 6 debt equivalent if the team no longer has interest owner.
(3) Duck Lane should read at least 300 Norwegian kroner, but not more than 5,000 Norwegian kroner. It can also be set out in the statutes that duck lane will have a different nominal value.
(4) About not share capital alone fulfills the requirement in subsection must ein or several percentage Owner in addition to share injecting capital into the team who will be deemed equal to the share capital. Is not anna Agreement, can such innskotskapital demanding a refund if made after payment has ein eigenkapital at least 100 000 Norwegian kroner, and eigen capital not is open bert unjustifiable out from risk and its activities in the team, ref. § 3-3.
(5) Except for repayment which chronicled four generations can share capital just sit down if it is needed in order to cover the losses that can not be will cover in other ways.
§ 3-2. Årspengar
(1) The statutes may also be set that share its owners will pay årspengar. Årspengane do not need to be identical for all share owner. Changing årspengane may be decided by the General Assembly with blatant effect from the next calendar year.
(2) Associating Burettslag should pay årspengane for each share in the team.
§ 3-3. Requirements with sound eigenkapital team shall always have ein eigenkapital which is sound from the risk and scope of the agency's activities team.
§ 3-4. Duty to act upon loss of eigenkapital
(1) If it must be the basis that the eigen capital is lower than that with sound out from the risk and scope of its activities in the team, the board shall immediately treat the case. The Board shall within a reasonable time convene the General Assembly, provide a study on the economic position of and Gjere proposals on measures that will provide layer by a sound professional eigenkapital.
(2) If the board can not find a basis for proposals on measures that the Tribunal in the first paragraph, or such measures do not look feasible, the Board shall Gjere proposals to solve the team.
§ 3-5. Granting mm
(1) Any interest on share capital should be restricted.
(2) Any distribution to unit its owners out from trade with the team can not utgjere more than one tiandedel profit from year to distributions after deficit from earlier years are covered. It can be disassembled out more than the board makes presentations about or agreeing.
(3) To bumiljø measures and other charitable purposes, the General Assembly adopt things set up to ein tiandedel profit after deficit from earlier years are covered. It can not configure by more than the board makes presentations about or agreeing.
(4) In trade with share Owner, Burettslag or other shall not diminish load conditions unduly affecting other share Owner or team.
(5) Provision in contravention of this section shall recipient lead back to the team. The debt still not apply if the recipient korkje notables or reasonably should know that the payout was illegal. The requirement of the reversal can set down by the Compensation Act § 5-2.
Chapter 4. Percentage Owner
In Andel Owner
§ 4-1. Percentage Owner
(1) An bustadbyggjelag should always be open for new share owner. The statutes may configure conditions to s native portion if there are reasonable grounds to do so. All share gives equal rights and duties in the team, if not anna follows from this Act.
(2) Legal persons may be share Owner, if not anna stipulated in the statutes. The statutes can set special conditions for such membership or may entrust the board to putting conditions.
(3) Where share cigar can only s native ein share. Legal persons may s native several share if it emerges from conditions stipulate for second term.
(4) A proportion cigar EiT adjoining Burettslag may be share cigar in Housing preventing layer without being restricted by the statutes.
(5) New share cigar can only exercise their rights as share cigar when the acquisition is entered in the share cigar book.
§ 4-2. Requirements andelseigarbok
(1) The team will have a andelseigarbok to harks with sound electronically or any other way.
(2) In percentage cigar book to share its owners harks into with information about names or enterprises name, date of birth or organization number and address.
(3) For each share cigar shall state whether count of proportion and numbers of duck lane.
§ 4-3. Notification of the introduction in proportion cigar book
(1) When ein share cigar is introduced in proportion cigar book, his team shall provide the unit Owner notification thereof.
(2) The message should date raged and disclose it introduced the share owner. Will it be introduced changed, the proportion Owner must be notified.
II Owner Probate and conditions for cigar shift
§ 4-4. Owner Replacing
(1) A share may not without the consent of the team be transmitted to others. Requests for consent can not be undone debt duck when the share goes to the spouse, the proportion EIGA's or ektemakens relative in direct ascending or descending line, to foster that actually stands in the same position as heir, to siblings or to someone annan as in dei last two years has Torres had flicked the same household as the previously owner. Consent may either not be undone debt duck when the share goes on shift after separation or divorces or when ein household member takes over the share by the provisions of shared household Act § 3.
(2) Has proportion Owner proportion EiT adjoining Burettslag ish, can share in the Housing preventing layer only be transmitted together with the proportion in Burettslag.
(3) teams can set regulations for what rights to monitor compliance with the percentage.
(4) When cigar shift, the new share Owner immediately notify the team.
§ 4-5. Withdrawal and exclusion
(1) A portion cigar can without advance notice withdraw from the team.
(2) A share cigar that has dealing detrimental to the team, or who no longer fulfills the conditions to be share cigar, you stengjast looking for board decisions. Percentage Owner may require that the board put the decision to the General Assembly. The claim must be set up innan thirty days since the proportion Owner took the written statement indicating the exclusion and the deadline to demand a resolution submitted to the General Assembly. The requirement has postpone blatant effect.
(3) A portion cigar whose share in EiT Burettslag adjoining Housing preventing layer, can not stengjast out from the team. The same is true for those who have an agreement with the Housing preventing layer or some other utbyggjar about overtaking or teikning of proportion in such layers, cf. Act on Burettslag § 2-13.
(4) A proportion cigar which arises out of the team or being Stengd looking for second term, has not claim to regain share sum or årspengane. For the right to repayment of annan innskotskapital debt § 3-1 fourth paragraph. If, after § 3-1 fourth paragraph not have the opportunity of repayment of annan innskotskapital when share Owner resigns or becomes utstengd, he can demand a refund if such conditions are met later.
§ 4-6. Partnership Selection If the Housing preventing layer so requests, be legal persons as a tribunal Burettslag Act § 4-2 which owns interests in EiT adjoining Burettslag, join up in tiated cooperation selection for treatment of acquisitions of holdings and management of rent conditions dei associate Burettslag.
Chapter 5. General Assembly
I General rules
§ 5-1. Greyhound General Assembly has topmost authority in the team.
§ 5-2. Admitted. Proxy
(1) All share its owners are entitled to attend the General Assembly. Percentage Owner who has drawn on interest after the last turn of the year, has still not entitled to attend. Percentage Owner may choose to be represented by proxy as they self Peiker out. No one can be a proxy for more than one share cigar. Meeting court can not delineate the Statute in any other way than that set forth in § 5.3.
(2) The Clerk shall enclose submitted in writing and dated. Full The power will only apply to the first forthcoming General Assembly if it do not go clearly seen clear that something else is meint. Percentage Owner may at any time revoke full power.
(3) Where share cigar can bring ein counselor and can provide the right to speak ands.
§ 5-3. Delegated
(1) Together with several than 500 percentage Owner may be set out in the statutes that share its owners shall be represented by delegates at the General Assembly. It shall then be set out in the statutes how they delegate shall choose, and whether to choose deputies for these. Percentage Owner who would have been admitted under § 5-2, first paragraph, has the right to take part in valet. It will choose delegates separately for share Owner in associate Burettslag and separately for the others share its owners. Approximated as many share Owner shall be entitled to take part in option of any of them delegates. Delegated shall choose before the AGM, which option applies to the next val. Berre proportion Owner may be delegated.
(2) Delegated can not be represented by proxy, but each delegated can bring ein counselor and can provide the right to speak ands.
§ 5-4. Røysterett. Impartiality
(1) Where share cigar or each delegated has an's voice in the General Assembly, even if share Owner has several share. Ein share cigar're utan Royster as proxy for dockable share cigar.
(2) No one can self or by proxy, that proxy or as delegated Royster in the General Assembly about the lawsuit against one's self or whether s native liability to the team, and neither are you about lawsuits against others or responsibility to others facing made if the percentage Owner, Clerk or delegated has a substantial interest in the matter which may conflict with the team's interest.
§ 5-5. Admitted, obligation for paper will control owner and shop manager should be to continually General Assembly. By legitimate absence must be pointed out someone to meet instead. Other directors may be to continually General Assembly. Board members and shop manager has the right to speak at the General Assembly.
II Meeting of the General Assembly
§ 5-6. Annual General
(1) The team will holding extraordinary general meeting before 1 July each year.
(2) The issue of approval of the annual accounts delivered and annual report shall always be admitted and be decided at the Annual General Assembly.
(3) accounts, annual reports and audit message shall at the latest a wick before the General Assembly sent to the all share owned with a known address. The proportion of its owners be represented by delegates at the General Assembly, ref. § 5-3, it is enough to send documents to dei delegated.
§ 5-7. Extraordinary general
(1) The Board may convene an extraordinary general meeting.
(2) The Board shall convene an Extraordinary General Meeting when the auditor or at least ein tjuandedel of share its owners claim it in writing to make fry up, a clean given topic. Created Supervisory Board, the Board shall convene an extraordinary general meeting if the leader and of the Supervisory Board requires it. The Board shall ensure that the General Assembly will Halden innan ein monthly demand being set up.
III Notice of General Assembly
§ 5-8. Who should convene
(1) The General Assembly shall be called by the Board.
(2) If the Board not convene a general meeting to be hald by law, statutes or previously resolutions in the General Assembly, the district court summon resourcefulness if it gets kravt of ein director, shop manager, accountant or ein share cigar. Created Representatives may leader and of the Supervisory Board health service forward such claim. The team will cover the expenses.
§ 5-9. Where the General Assembly should Halder General Assembly shall Haldane of the municipality where the team has its registered office, if it is not stipulated in the statutes that she can Halden on ein or more second given capitals. General Assembly may Haldane some other location if it is needed in the special grounds.
§ 5-10. Required notice
(1) share owned with a known address shall have a written notice stating the time and location for the meeting. The proportion of its owners be represented by delegates at the General Assembly, ref. § 5-3, it is enough to send summons to dei delegated.
(2), sent so ho to casual is komen forward at the latest a wick before the meeting shall Halden, though it not yet been established longer time limit in the statutes. Such statutes lead local oral traditions does not apply to the notice pursuant to § 5-7 second paragraph.
(3) The notice shall dei cases that are dealt with, be clearly stated. Proposal for amendments can be incorporated into the summons. The Board shall make proposals to the agenda in accordance with the law and statutes.
§ 5-11. Right to have matters on the General Assembly
(1) A portion cigar entitled to fry up on the General Assembly questions that are submitted in writing to the Board before 1 April.
(2) Delegated entitled to fry up on the General Assembly questions that are submitted in writing to the Board in good time so that it can be put on the agenda. Is notice is sent, it shall be sent a new notice if she can come forward at the latest a wick before the meeting shall Halden.
IV Meeting Rules
§ 5-12. Opening of the meeting. Meeting Leader
(1) Controlling owner or the Board pinpoints out shall opne General Assembly. Is the statutes who should be meeting owner, ref., Second sentence, opens meeting leader and the General Assembly. Did the district court to convene general meetings, the court pointing out the to Open site plan meeting, the Decision can not ankast.
(2) The General Assembly shall select one meeting owner, who does not ought to be, share cigar or delegated. The statutes may lay down who should be meeting owner.
§ 5-13. List of proportion Owner or delegate at the meeting Whoever opens the meeting, shall before the first røysting draw up a list of dei share its owners who are present either personally or by proxy, or delegate met. Lista be useful to ho had to be altered by the General Assembly.
§ 5-14. Issues Outside the main agenda
(1) Cases that do not have opt to share its owners pursuant to the rules for convening of the General Assembly, can not be decided without that all share its owners team samtykkjer.
(2) That case is not stated in the notice, preventing not that
The General Assembly determines matters that by law or the Articles of Association shall be admitted at each annual general meeting,
The General Assembly determines presentation for an investigation under § 5-24,
It becomes ADOPTED convening a general meeting to be decided presentations that are made in the meeting.
§ 5-15. Information requirement for paper will
(1) A portion cigar may require that directors and shop manager gives the available information on the General Assembly on Relation that can ache in the assessment of
Approval of the annual accounts delivered and annual report,
Matters presented to the proportion its owners or dei delegates to decision-making,
The economic position of the team, medrekna agency's activities saman final payment which made tek part in, and other matters that the General Assembly will take up, whether they record information that becomes itself requires, can givast without too much damage to the team.
(2) Is the proportion its owners represented by delegates, can only dei delegated demand a such information.
(3) Can not answer also be granted on the General Assembly because it must collect information, it shall lagast written reply within two weeks after the meeting. The answer should be sent out to all share owned with a known address. Were share its owners represented by delegates, it is enough to reply to every delegate.
§ 5-16. Valkomité
(1) The Ordinary General Assembly shall select one valkomité to prepare the val year, medrekna val of valkomité.
(2) There shall be set out in the statutes how many members the General Assembly shall choose to the duties. Members and alternates shall choose between the share owned with a Housing in associate teams and other share owner. In addition, ein member pointed out by the Board.
(3) Shall share its owners be represented by delegates at the General Assembly, ref. § 5-3 should the duties prepare the val delegated in accordance with § 5-3.
§ 5-17. Protocol
(1) Meeting owner shall ensure that it is passed protocol for the General Assembly.
(2) Decisions of the General Assembly be incorporated into the protocol together with the simultaneous announcement røystetal. The list of those who have met, cf. § 5-13 shall be attached by the Protocol.
(3) Meeting owner and least dockable person as the General Assembly shall select from among those who have to constantly be writing under the Protocol. The minutes shall Haldane available to share its owners in the team and will be admitted with sound care of.
V Fleirtal Requirements oa
§ 5-18. Record fleirtal requirements
(1) Decisions of the General Assembly requires fleirtal of dei Royster given, if not anna stipulated in the Act. Standing's voice talet alike, debt the meeting leader and align themselves with, whether or meeting leader and not have røysterett.
(2) When val or recruiting staff, the General Assembly lay down in advance that whoever gets the most Røyster shall be deemed to be beat. Standing Royster alike, the Decision hang by Lutke.
(3) It can vedtektsfestast second fleirtal requirements than those that follows this section, and be set out other rules about Layer that Royster tie.
§ 5-19. Amendments General Assembly may decide to amend the Articles of Association by two-parts of dei Royster given. The statutes may be set out stricter fleirtal requirements than what follows from this section.
§ 5-20. Misuse of greyhound General Assembly can not do anything resolutions that are fit to provide certain proportion Owner or other ein unreasonable advantage to the detriment of other share Owner or team.
VI Lawsuit on invalid decisions
§ 5-21. Who can bring proceedings on invalid decisions Ein share cigar, ein director or shop manager can bring an action alleging that an adoption of the General Assembly is invalid because it was made unlawfully or otherwise is contrary to the Act or the Statute of the team. Such proceedings can and travel of EiT fleirtal of the employees or alternatively by fagforeiningar which organizes Thurs the 3rd parts of the employees.
§ 5-22. Deadline to bring proceedings
(1) Proceedings pursuant to § 5-21 about that an decision is invalid, travel within three months after the decision is made, elles is the decision valid.
(2) The provisions of the first paragraph does not apply when
Decision is of such a kind that it can not be put self consent of all share its owners,
Law or ordinance requires certain proportion Owner or any portion Owner must give consent to the adoption, and such consent not given,
It is not is Overdue General Assembly, or rules for summoning has Vore put materiality aside
Lawsuit has been filed innan two years after the end of the deadline in the first paragraph, and the district court Going to the saksøkjaren had reasonable grounds to fristforsøminga, and that it would lead to open bert unreasonable result of the decision should be deemed to be valid.
§ 5-23. Dom invalid decisions
(1) A judgment which states that an adoption of the General Assembly is invalid, or that alter the decision, the blatant effect for anyone who has the right to bring an action under § 5-21.
(2) The judgment can only go out on the change of the decision if it is subject to the claim, and the court can determine what content the decision should have had.
(3) If the decision notifying the Register of Business Enterprises, the verdict be reported and records raged there. Created ask expenditures.
§ 5-24. Proposals for an investigation
(1) A portion cigar or delegated may make proposals for an investigation of Staple or management of the team, or more closely given lengthy siege the administration or accounting. The presentation can be done in the ordinary general meeting or at a general meeting at which it emerges from convening a case of such investigation shall be admitted.
(2) Is the presentation endorsement from at least ein tiandedel of dei share its owners or they delegate who attends the General Assembly, can each share cigar innan ein monthly by the General Assembly requiring disclosure of the district court at orskurd tek decision-making for an investigation.
§ 5-25. Decision in court
(1) The court shall take to follow a claim under § 5-24 second paragraph for an investigation if the court believes that it has reasonable grounds.
(2) Before a frying decision-making in the matter, the court shall give the team, and in case the investigation elles will include, an opportunity to express themselves.
(3) The court shall appoint ein or more spruce wizards. The stipulated that the auditor Auditors Act §§ 4-1 to 4-7 and § 5-2, subsection, debt equivalent to spruce karane. Dei has a duty of confidentiality by the same rules as auditor.
(4) The court shall establish Remuneration for spruce karane. The costs of the investigation will berast of the team. The court may decide that the team shall deposit choose a gradient sum in advance.
§ 5-26. The investigation report
(1) Gran Karane shall provide a written report on the investigation to the district court.
(2) The court shall convene the General Assembly to treat the investigation report. The report shall be sent to each share cigar with known address so that he normally arrive at the latest a wick before the meeting. The proportion of its owners be represented by delegates at the General Assembly, ref. § 5-3, it is enough to send the report to dei delegated.
§ 5-27. Representatives
(1) If stipulated in the statutes that his team should have representatives, the Supervisory Board must choose by the General Assembly. Board Member, shop manager and auditors can not be members of the Supervisory Board.
(2) The Supervisory Board shall oversee the team's purposes are Promoted in accordance with law, and the decision of the General Assembly, and otherwise perform tasks that are laid down in the statutes.
(3) more closely to the procedural rules can be set out in the statutes.
Chapter 6. leadership of team
In Requirement Board and shop manager. Val of control, tenestetid oa
§ 6-1. Board
(1) The team shall carry a considerable control of at least three members. Berre authoritative persons can be directors.
(2) The Board shall choose board leader and if not the General Assembly has made it. Shop manager can not be chairman of the board.
§ 6-2. Shop manager Board shall tilsetje ein shop manager for the team.
§ 6-3. Val of directors
(1) The General Assembly shall choose directors. It must choose at least ein deputy.
(2) Subsection not apply directors as the employees of the team will choose according to § 4.6.
(3) It can also be set out in the statutes that valretten for the General Assembly pursuant to subsection shall be transmitted to others. More than half of the directors must still choose the General Assembly, if not valretten being transferred to EiT Statutory festa tier organ. Valrett can not be transmitted to the Board or to ein director.
§ 6-4. Right for employees to choose directors
(1) Together with several than thirty employees can EiT fleirtal of the employees demand a that ein director and ein observer deputies will choose by and between the employees.
(2) Together with several than fifty employees can EiT fleirtal of the employees demand a that up to ein third and at least two of its members with deputies shall choose by and between the employees.
(3) Regulations under the Securities Act § 6-4 fourth paragraph debt equivalent to val under this section so far dei suits.
§ 6-4 a. Demands for representation of both sexes on the Board
(1) In the Board of bustadbyggjelag with more than 1000 percentage Owner at the time valet of directors occurs both sexes shall be represented on the follow manner: | ||
If the board two or three members, both sexes shall be represented.
If the board four or five members, one quarter sexes be represented by at least two.
If the board six to eight members, fourth sexes be represented by at least three.
If the board has nine members, the fourth sexes be represented by at least four, and the board has several members, fourth sexes be represented by at least 40 percent.
The rules in paragraphs. 1 to 4 debt equivalent by val of deputies.
(2) The first paragraph no. 1 to 5 encompassing not directors shall choose from among the employees pursuant to § 6-4. When to choose two or more directors as mentioned in the first sentence, both sexes be represented. The same applies for deputies. Second and third sentence does not apply if select any of the sexes constitute less than 20 percent of the collected count of adding to the team at the time valet happens.
§ 6-5. Tenestetid for directors
(1) Directors makes teneste in two years. The statutes may teneste time SetJ shorter or longer, but not for more than four years. Shorter tenestetid may be set out in supplementing cool.
(2) of Service Tida shall be deemed from the valet if not anna stipulated, and will last until the Annual General Assembly that year when teneste era is ending.
(3) Even though occupational era has ended, the members are entitled to keep standing in the office to new board member is violence.
(4) The first and second term does not apply to a director who is violence under § 6-4.
§ 6-6. Departure and avsetjing before teneste era ends
(1) A board member is entitled to resign before teneste time ends if it is in particular due to it. The board and the body that elected directors shall have a reasonable period of advance notice.
(2) A director may avsetjast of the body that has elected directors. It does not apply ein director who is violence under § 6-4.
§ 6-7. Supplementing Sval
(1) Cast enlisted for ein boards away prior occupational era has ended and there is no material deputy, the rest of the board whining for val of new board member for the remainder of occupational time. The same applies if ein director being banned from legal capacity or are seen in bankruptcy under the Bankruptcy Act §§ 142 and 143.
(2) Located valet during the General Assembly, it can wait until the next AGM if the board framleis quorum.
§ 6-8. Product member and observer provisions of the Act on directors debt equivalent for deputies and observers so far dei suits.
§ 6-9. Remuneration Any Remuneration to directors and observers shall be set out by the General Assembly. By bankruptcy bind right Remuneration away from bankruptcy Opening.
II Tasks for paper will. Procedural oa
§ 6-10. Man- agement of team
(1) the administration of the team belongs under the Board. The Board shall ensure proper organization of its activities.
(2) The Board shall as far as is needed in, lay down plans and budget for its activities in the team. The Board may ish lay down guidelines for its activities.
(3) The Board shall holding abreast of the financial accounting for the team and shall ensure that it is passed adequate control of its activities, the accounts and asset administration.
(4) The Board may imple- ment dei surveys as it believes the need to perform their tasks. The Board shall imple- ment such surveys if ein or several of its members requires it.
§ 6-11. Supervisory Responsibilities of the Board The Board shall oversee the daglege paper will and the agency's activities made otherwise. The Board may set guidelines for the daglege paper will.
§ 6-12. Are daily leadership
(1) shop manager will be responsible for the daglege paper will of its activities in the team and will follow dei guidelines issued by the Board.
(2) The paper will daglege encompassing not matters for conditions in the layer of unusually kind or Much to victory for the team.
(3) shop manager may otherwise be decided a case under authorization from the board in each case or when there is a significant disadvantage for the team to wait on board decisions. The Board must be notified of Decision resourcefulness.
(4) shop manager shall ensure that the accounts team is in compliance with laws and regulations and that asset management is handled adequately.
§ 6-13. Duties of the shop manager to the Board
(1) shop manager shall at least every third monthly, at a meeting or in writing, provide the Board notice of the agency's activities team, the position for the team and performance development.
(2) The Board may at any given time requiring disclosure of the shop manager gives the board a more closely study on specific issues. Where a board member can demand a ish so Thesis.
§ 6-14. Relation to wisps company team shall notify the Board of EiT wisps company on Relation that may have something to say for a total group, ref. Accounting Act § 1-3. The team will ish notify the board of dots company about decisions that may have something to say for Dotter company, before before finally a decision is made.
§ 6-15. Remuneration from other than made
(1) A director, shop manager or ein add the layer must not in connection with their work for the team to receive Remuneration from other than the team. The same applies for Remuneration from the team that ein contracting party or representative of the other contracting party so demanded.
(2) Remuneration as a director or shop manager can not take accept, nor can not deira RELATED accept.
(3) Remuneration which is the agreement or been received in breach of the ban in the first or second term, the layer. The same applies to returns and Presteigne manageable groups that are perfect instead of Remuneration.
(4) A director who does not have with the daglege executives in the team, you can still, as part of words food be between person in relation to the team against casual Remuneration when directors do not simultaneously represent layer.
§ 6-16. Kravsmål about debt negotiation or bankruptcy
(1) Kravsmål about debt negotiation or bankruptcy proceedings team can just sit up off the board.
(2) The board representing team that konkursskyldnar.
§ 6-17. Administrative procedures of the Board
(1) The Board shall consider the issues in the face of not controlling leader and believes that the case can be submitted in writing or be admitted in any other satisfactory manner. Annual accounts delivered and annual report, the Board shall treat in the face.
(2) Control owner shall ensure that the board members furthest advice may be on an overall consideration of matters are dealt with without meeting. Directors and shop manager may require procedural meeting.
(3) Controlling owner rents case processing. Is korkje board leader and deputy leader and or with, well board ein owner for controlling the treatment.
(4) shop manager has the right and duty to take part in proceedings in the Board and to make a statement, if not anna is issued by the Board in each case.
§ 6-18. Requirements for control treatment oa Steering owner shall ensure that relevant matters belonging under the Board. Directors and shop manager may require that the board takes up specific cases.
§ 6-19. PREPARATION of affairs and notification
(1) shop manager will learn board matters in consultation with the board leader and. All matters will learn and be presented so that the board has EiT satisfactory basis for the treatment.
(2) Board matters are notified in expedient manner and with the required deadline.
§ 6-20. Rules of procedure
(1) In the layer where the employees have representation on the board, the board shall lay down ein board, which gives more closely rules about its work and procedures.
(2) The instructions shall among other things contain rules about what matters are dealt with by the board, and about what arbeidsoppgåver and duties shop manager in relation to the board. Instructions shall ish contain rules for notice and treatment in the face.
(3) Regulations under the Securities Act § 6-23 subsection on board instructions debt equivalent as far dei suits.
§ 6-21. When the board can take decisions
(1) The Board may take decisions when more than half of the members is to permanently or are involved in case processing, if not more stringent requirements are stipulate in the statutes.
(2) the Board may not take decisions without all the Board members as far mogeleg have been given the opportunity to take part in the treatment of the case.
(3) Have someone maturity, and the fine-deputy, the deputies called in.
§ 6-22. Record fleirtal requirements
(1) An board resolution requires fleirtalet of dei Directors with the processing of a case, have your voice for. Standing Royster-liked debt the meeting leader and have your voice for. Those who have your voice for EiT presentation entailing an amendment must nevertheless always utgjere more than one third of all directors.
(2) Stricter's voice rules may be set out in the statutes.
§ 6-23. Fleirtal Requirements val and recruiting
(1) By val or recruiting board can in advance decide that whoever gets the most Røyster shall be deemed to be beat.
(2) Represents's voice talet liked by val of chairman of the board or meeting owner, the valet brought by Lutke. In other cases where Royster tie, debt the meeting leader and have your voice for.
(3) Stricter's voice rules may be set out in the statutes.
§ 6-24. Disqualification
(1) A director must not be included in the treatment or Decision of questions that have so Much to say in particular to the directors or the member must be deemed to have a clear personal or financial interest in the case. The same applies for shop manager.
(2) A director or shop manager must also not be included in the treatment of a case for a loan or some other credit to individual self or annuity giving the person's debt.
§ 6-25. Abuse of position in the company oa
(1) The Board and others required by §§ 6-27 to 6-29 represent the team must not do anything that is fit to provide certain proportion Owner or other ein unreasonable advantage harm to others share Owner or team.
(2) The Board or shop manager shall not by comet something resolutions of the General Assembly if the decision conflicts with law or ordinance.
§ 6-26. Control Protocol
(1) There shall harks protocol for board matters which at least provide information about the time and confirmed, treatment method and control decisions. It should proceed that case processing satisfy the requirements of § 6-21.
(2) Is not the board resolution samrøystes, shall state whether know who has your voice for and against. Board member or shop manager who does not have our joint EiT decisions may require notion say introduced into the protocol.
(3) The minutes shall be printable under of directors has Vore with the Board of Directors. The Board has at least five members, and decisions made in the meeting, the Board may choose two to sign. In that case, the print be sent to all Board members with deadline for comments, in which case you may be required adopted for the protocol.
III Relation rowing out
§ 6-27. Representation The board represents the firm were rowing and drawing the crop enterprises namnet.
§ 6-28. Authorization to draw visitors' names enterprises
(1) The Board may give board members, shop manager or names given adding the right to draw enterprises namnet. Such authorization may also be set out in the Statute, which ish narrow the Administrative Board has to give the right to draw enterprises namnet.
(2) The right to draw enterprises namnet can anytime be called back. Statutory Festa proxy may be revoked by the board when ein not without detriment to team can wait for the decision of the General Assembly.
(3) The provisions of shop manager in § 6-24 debt equivalent for enterprises drawing the crop that do not have shop manager or board member.
§ 6-29. Representation by shop manager shop manager representing team were rowing in matters concerning the daglege paper will.
§ 6-30. Over projections Ding greyhound Have someone representing team rowing out pursuant to the rules in §§ 6-27 to 6-29, by disposition on behalf of the team gone beyond his greyhound, the transaction shall not binding for the team when the team well by works that the contracting party understood or should have understood that authority diaper exceed, and it would be contrary to Heider and good tru as to warrant making the disposition debt duck.
§ 6-31. Deficiencies in the choice of director or recruiting of shop manager After val of director or recruiting of shop manager is registered in the Register of Business Enterprises, the deficiencies in the valet or her appointment not be undone debt duck facing ein third, if not designed well invert third person know of the defect.
Chapter 7. Activities team
§ 7-1. Providers share its owners residential buildings
(1) Bustad The construction team can acquire residential buildings to share its owners through
Agreements with its owners share the entry or disposal of residential buildings that are linking to or should tie participating in Burettslag,
Agreements with its owners share the entry or disposal of residential buildings,
Agreements with its owners share the hire of Housing,
Second agreements with share its owners the right to Housing,
Laws or agreements about preemptive or annan solving entitled Housing for share its owners in Housing preventing layer.
(2) Ei proxy for the team to take decisions on behalf of ein share cigar in ein agreement between the unit owner and the contractor ein or willow for inclusion of or entitled to Housing, can be called back without warning.
§ 7-2. Housing Management Housing The construction team can manage residential buildings for share its owners through
Agreements with Burettslag, section SAMEIGE or proportion Owner about business practices or other administrative tasks,
Agreements with others on management tasks,
Management of utleige residential buildings.
§ 7-3. Subsidiaries etc. It is said about the Housing preventing layer of this chapter, debt equivalent to saman inference that the Housing preventing layer has cigar party.
§ 7-4. Anna resturants provisions of this chapter is not to preclude the Housing preventing layer drive anna resturants best interest of its owners.
Chapter 8. Auditing
§ 8-1. Auditors Eit bustadbyggjelag shall ein or more state authorized or registered auditors.
§ 8-2. Val auditor
(1) The General Assembly shall select one or more auditors, and can select one or more vararevisorar.
(2) The General Assembly shall approve the Remuneration to the auditor.
§ 8-3. Disappearance of the mission
(1) The auditor makes occupational until annan auditor's violence.
(2) Cast assignment for auditors away before teneste period is over, the board without ceasing whining for val of a new auditor. The same applies if the auditor no longer fulfills the conditions for being able to choose the auditor team.
§ 8-4. Nyval auditor
(1) The General Assembly can only choose new auditor having said in the notice that it will be made presentations about nyval. The auditor has the right to explain his views on the presentation to the General Assembly.
(2) If the General Assembly faulted presentation about nyval auditor may ein tiandedel of all proportion Owner or ein tiandedel of delegates who were selected to the General Assembly, innan ein monthly by the General Assembly requiring disclosure of the district court at orskurd appoint ein auditor in addition to other auditors in the layer. The request shall be admitted to follow if it has reasonable grounds.
(3) The court stipulates tenestetid and Remuneration for auditors by the court oppnemnt. The auditor would quit before teneste period is over, shall be given a reasonable period of advance notice to the court.
§ 8-5. Audit Records The auditor shall provide audit reports to the General Assembly for fourth rekneskapsår. Auditing The message should be board at at the latest two weeks before the Annual General Assembly.
§ 8-6. The auditor participates in the General Assembly auditor must attend the General Assembly when it will be treated cases makes this necessary. Beyond this, the auditor has the right to attend the General Assembly.
Chapter 9. Amalgamation of bustadbyggjelag
§ 9-1. Amalgamation of bustadbyggjelag
(1) An bustadbyggjelag may assign Eigne manageable groups and guilt expenses under one-to pick another bustadbyggjelag against that share its owners will share Owner of the transferee active layer.
(2) Statutory Lead Segn in Burettslag that share its owners should be proportion Owner EiT transferor duck bustadbyggjelag, shall Amalgamation apply the acquiring active layer.
§ 9-2. Approval of the plan of merger
(1) Styra in layers shall prepare ein common plan of merger. The plan shall be prepared pursuant to the rules in § 9-4 and underteiknast of bypass.
(2) The plan merger must be approved by general meeting with such fleirtal required in order amendment.
§ 9-3. Shares of the acquiring active layer Percentage Owner of the transferor active layer should harks into share cigar book at the acquiring team when Amalgamation is ADOPTED in dei layer will slåast together. Percentage Owner from the transferor active layer has not rights or obligations of the transferee active layer before Amalgamation is registered under § 9-11 subsection.
§ 9-4. Contents of the plan of merger
(1) The plan for amalgamation shall at least contain
Enterprises names for layers, business districts, addresses and ID number
From what time transactions in the transferor active layer in relation to the accounts shall sjåast made for contraction of the acquirer active layer,
What rights share its owners should have the ascendancy active layer,
Draft opening up the balance of the acquiring active layer. Opening balance is to be set in accordance with the current accounting rules. Registered or Certified Public Accountant shall provide a declaration of provisional that balance is set up in accordance with these rules.
(2) The plan shall ish contain proposals to amend the Articles of the acquirer active layer. New rules about rights and duties of the team shall be stated separately.
(3) The plan must be set out that the acquiring team to take over the administration of the transferor active layer as soon as the plan is Approved by all layers that are part of Amalgamation.
(4) If two or more teams are recombined slegne in that it is founded, a new layer, the plan shall contain proposals for stapling instrument of the acquirer active layer. The provisions of Chapter 2 debt equivalent as far dei suits.
§ 9-5. Attachment to the plan as an appendix to the plan, follow
Charter of the acquiring team,
Last accounts, annual reports and audit reports for the quarter of layers.
§ 9-6. Report on the Amalgamation When the plan merger is completed, the board of each layer can prepare a written report on the merger, and what it will impact your team. The report should explain grunngivinga for the presentation of amalgamation, and for what Amalgamation will have to say for the employees of the team.
§ 9-7. Message to share its owners plan for amalgamation and other case documents should be admitted with the invitation to the AGM.
§ 9-8. Notification of decisions on amalgamation to Register of Business Enterprises Seine ein monthly after Amalgamation is Approved in layers, the decision together with the plan and attachments in accordance with §§ 9-4 and 9-5 be reported to the Register of Business Enterprises by the Board in each layer. Becomes deadline of ethene, bind decision lapses.
§ 9-9. Creditor Notification Register of Business Enterprises shall be published decisions about amalgamation in Brønnøysund Register Centre's electronic Announcement publication and notify creditors in layers that any motsegner the Amalgamation must be reported to the team within six weeks from the last Announcement.
§ 9-10. Motsegn from creditor
(1) If ein creditor with indisputable and mature claim kernel with motsegn before the deadline under § 9.9, the Amalgamation not be performed before the claim is paid.
(2) A creditor with a disputed claim or claims do not have decay, may require adequate social security for the claim if there is no secured so from before. The court determines conflicting claim is, and whether the collateral is inadequate.
(3) The court may reject claims for social security after second term when it is clear that the requirement was not, or that the prospect of coverage not become poorer because of Amalgamation.
(4) Kravsmål about decision-making in the district court must be set up innan two weeks after the creditor itself requires payment or annuity giving.
§ 9-11. Completion of Amalgamation
(1) When the deadline for motsegn under § 9.10 is out, and Relation to creditors who have arrived with motsegn, is clarified, the acquirer active layer notify the Register of Business Enterprises on the Amalgamation will be implemented. When Amalgamation is registered, Amalgamation completed and the transferor active layer is oppløyst.
(2) Even if Relation to creditors who have traveled motsegn, not been clarified, can the court after kravsmål from the team demands liabilities, adopting the Amalgamation can through harks and be reported to the Register of Business Enterprises.
§ 9-12. The administration of the transferor active layer
(1) When the merger is registered in the Register of Business Enterprises, can the acquiring made by general rules transfer formal position as cigar or rettshavar to Presteigne manageable groups that have Torres had flicked to the transferor active layer.
(2) If it is evident from the plan of merger that the acquiring team to take over the administration of EiT transferor duck layers as soon as the plan is Approved by layers, the acquirer active layer whining that Presteigne Delane and issues in the transferor active layer becomes haldne for to amalgamation is completed.
(3) the acquiring team to take care of accounting material from the transferor active layer in accordance with the Accounting Act § 2-7 for at least 10 years after the finite resolution are. The same applies to books for the team. Registered accounting information shall be able to be reproduced in accordance with the Accounting Act § 2-2 for at least ten years after the finite resolution are.
§ 9-13. Invalid amalgamation
(1) Lawsuits alleging that the decision of the team about the merger should be declared invalid, must travel Amalgamation is registered in the Register of Business Enterprises in accordance with § 9-11. Litigation that has been filed after the deadline shall be rejected.
(2) If the suit has been filed on the Amalgamation is invalid, the court providing layer by a deadline of three months to correct the Relation lawsuit build upon.
(3) Dom who knows resolution on merger void, the blatant effect for all of the team.
(4) If the decision Amalgamation reported to the Register of Business Enterprises in accordance with § 9-11, the court shall without ceasing notify the judgment to the Register of Business Enterprises, which must be announced the verdict on the team's expense in the Brønnøysund Register Centre's electronic Announcement publication.
(5) When the decision to the General Assembly is held invalid, booklets made jointly and severally on the rest that are in the Amalgamation, for the sake of costs from the time after the merger would have had blatant effect, and until Announces Inga of judgment under subsection.
§ 9-14. Merger between bustadbyggjelag and heil eigd wisps company
(1) Where any bustadbyggjelag owns all shares in EiT corporation or public, may have precedence in the taka adopt ein merger plan that is that tufts company gratuitously to transfer s native manageable groups, rights and guilt expenses under one-to parent.
(2) For the implementation of the merger debt stock Act § 13-23 and public limited Act § 13-24 equivalent.
Chapter 10. resolution, and liquidation
§ 10-1. Decision on resolution,
(1) resolution, the layer requires a resolution by the general assemblies for each other, with at least four week written spaces. At each General Assembly must at least two-parts of Royster granted, be for the decision. The eine General Assembly shall be the General Assembly.
(2) The General Assembly can not adopt resolution, after the team is ADOPTED oppløyst by orskurd by chapter.
§ 10-2. Liquidator and other organ team
(1) When the decision on the resolution, is before finally, should the General Assembly choose EiT liquidator that kernel instead of the board and shop manager. Valet debt indefinitely with ein Withdrawal deadline for members of three months.
(2) The provisions on board in Chapter 6, medrekna rules concerning the right of employees to choose directors, debt equivalent to the liquidation committee.
(3) The provisions of the General Assembly and possibly Supervisory debt so far dei suits under liquidation.
§ 10-3. Message to Register of Business Enterprises Decisions to oppløyse made shall be reported to the Register of Business Enterprises as soon the decision is before finally and liquidator is elected. The message will include information about the members of the liquidation committee.
§ 10-4. Notices to creditors
(1) Upon registration of the message about resolution, shall Register of Business Enterprises Announces Decision to oppløyse made in Brønnøysund Register Centre's electronic Announcement publication. In Announces Inga should creditors for the team notified that they must file their claims to the liquidation committee within six weeks from Announces Inga, and that requirements are enrolling after the surplus is distributed, not will be covered, if they are not all notables of the liquidation committee. Name and address of the leader and of the liquidation committee shall be stated Announces Inga.
(2) All creditors with known address shall as far as possible notified in particular of the team.
§ 10-5. The position for the team under liquidation
(1) When the decision on the resolution, is before finally, be made on the letter, announces payment and other documents enclose the words "in liquidation" to enterprises namnet.
(2) Activities of the team can holding up so far it is desirable for an expedient completion of liquidation.
(3) During the liquidation shall annual accounts delivered avleggjast, revised and sent to the Register of Company Accounts by the same rules as elles.
§ 10-6. Liquidation Balance, etc.
(1) The liquidation committee shall make a oppteikning over dei Eigne manageable groups, rights and guilt expenses made have and Gjere up a balance sheet with a view to liquidation.
(2) Oppteikninga and the balance to be audited be attached onto the tier office for inspection share its owners. A copy of the balance sheet with declaration of provisional from the auditor should be sent to every asset owned with a known address.
§ 10-7. Coverage of skyldnadene
(1) The liquidation committee shall ensure that they skyldnadene team does, are covered to the extent that the creditor has not fråfalle their requirement or samtykkjer in taking dockable debtor instead.
(2) Can ein creditor can not find, or nectar ein creditor to accept its debts, the sum deposited in Norges Bank pursuant to the rules of the Act on 17 February 1939 no. 2 in the deposition in debt opportunity.
§ 10-8. Omgjering by appropriate manageable groups to pengar Eigne Delane for the team will be converted to cash.
§ 10-9. Distribution of surplus
(1) Distribution of surplus can not happen until lagsskyldnadene is covered, and it's gone at least two months since last Announcement of the notice to creditors under § 10-4.
(2) Provision may still happen when there only remains uncertain or contested guilt costs, and it is seen by ein sufficient sum to cover the dei and any legal costs controls. If not anna's Agreement, the sum be initiated on joint account team and the creditor the debt so that withdrawals do not happen without a written consent of both parties or before finally judgment.
(3) Percentage Owner who have paid into innskotskapital under § 3-1, fourth paragraph, is entitled to recover such funds if there is surplus in layer after skyldnadene is covered. Surplus beyond this shall be used for charitable purposes for the benefit of the Housing-building at where the team had to say were mainly medical resturants.
§ 10-10. Final resolution,
(1) After completion of distribution shall liquidation committee enclose forward revised settlement for the General Assembly. When oppgjeret is approved, it shall be reported to the Register of Business Enterprises team is before finally oppløyst.
(2) The provisions of §§ 11-3 to 11-5 on the damage bota answers debt by before finally resolution, ish.
(3) The liquidation committee shall ensure that the accounting material will be preserved in accordance with the Accounting Act § 2-7 for at least ten years after the finite resolution are. The same applies to books for the team. Registered accounting information shall be able to be reproduced in accordance with the Accounting Act § 2-2 for at least ten years after the finite resolution are.
§ 10-11. Etterutlodding What to accrue made of summar which is set aside pursuant to § 10-9 second paragraph, are dealt with as provided in § 10-9 third paragraph.
§ 10-12. Omgjering of decisions on resolution,
(1) A decision to oppløyse team can be undone by the General Assembly if at least half of share its owners team Royster for it.
(2) Omgjering can not be adopted if the team has dealt surplus under § 10-9.
(3) Omgjeringa of decisions on resolution, and members of the new Board shall immediately be reported to the Register of Business Enterprises.
§ 10-13. The court overtek responsible for liquidation
(1) The court may at orskurd decide to take charge of the liquidation of the team when special reasons talar for it, if
Layer is not notified before finally oppløyst the Register of Business Enterprises at the latest one year after the registration of the notification pursuant § 10-3, or
Least ein fifth of share its owners claim it.
(2) The Board or in case of liquidation committee shall be permitted to make a statement before Decision will hang. Register of Business Enterprises shall inform the court that the deadline for first paragraph. 1 is out.
(3) If the court has browning abolition, liquidation Furthermore happen pursuant to the rules in § 10-17. Orskurden have blatant effect that ein orskurd bankruptcy opening up under the Bankruptcy Act, Chapter VIII.
§ 10-14. Resolution, after orskurd from court if not the General Assembly resolution, the Articles of Association, the district court at orskurd adopt made oppløyst in these cases
When made have not reported to the Register of Business Enterprises EiT board that fills the terms laid follows from plementary provisions contained in or medhald of law
When made have not reported to the Register of Business Enterprises ein shop manager who fills the terms laid stipulate in law
When made have not reported to the Register of Business Enterprises ein auditor who fills the terms laid stipulate in law
When accounts, annual reports and audit reports that made sending to Register of Company Accounts for Accounting Act § 8-2, not is submit within six months after the deadline for such submission, or when the Register of Company Accounts when the time is up, not to approve it submit material annual accounts delivered , annual reports and audit reports.
§ 10-15. Treatment of cases concerning resolution, after § 10-14
(1) When the conditions in § 10-14 first paragraph. 1 to 3 are fulfilled, the Register of Business Enterprises sending made notice of it. In the event that the Tribunal in § 10-14 first paragraph. 4 shall Accounting Register sending notification. The team will get ein deadline ein monthly to direct Relation and notification follows from that deadline not being Halden.
(2) Created not directed Relation when the time limit expires, the Register of Business Enterprises or Register of Company Accounts resume notification by Announcement in Brønnøysund Register Centre's electronic Announcement publication. In Announces Inga shall state that the conditions for resolution, the layer is fulfilled, and that the team does ein limit of four weeks from Announces Inga to correct Relation. Consequence of the deadline not being Halden, shall also be disclosed.
(3) If it is expedient, the court give notice by the provisions here.
§ 10-16. Orskurden from court
(1) If notice of the team announced by § 10-15, second paragraph, and the team have not corrected Relation by the deadline in ANNOUNCES Inga shall proprietorships Register or Register of Company Accounts notify the court about this.
(2) The court shall utan Furthermore notice by orskurd adopt made oppløyst under § 10-14, if not decisions about resolution, everything is done by the General Assembly. Orskurden have blatant effect as orskurd bankruptcy opening up under the Bankruptcy Act, Chapter VIII.
§ 10-17. Liquidation of team
(1) Where the court has made ADOPTED oppløyst, the team deviations load by the provisions of the Bankruptcy Act and Recovery Act.
(2) Curved can only be delivered back to the team after the Bankruptcy Act § 136 if the resolution, why not longer steadily.
Chapter 11. reparations oa
§ 11-1. Damage Bota Reply Whoever in our own closet of its members, the shop manager, spruce cut or share cigar cause, loss willfully or aktlaust team, share Owner or others under execution Inga of thesis say, has a duty to mitigate loss. The same applies for membership of the Supervisory Board or other body who is the ship's statutes.
§ 11-2. Reduction Damage Bota Reply by § 11-1, may be mitigated by the Compensation Act § 5-2.
§ 11-3. Decisions to promote demands
(1) The General Assembly decides whether made shall promote skadebotkrav under § 11-1. Is it opened debt settlement or bankruptcy, debt provisions in the bankruptcy law.
(2) Subsection debt equivalent to inngåing of an advance agreement between the team and someone who is a tribunal § 11-1, regulating or demarcates damage bota answer deira.
§ 11-4. Claims on behalf of team
(1) General Assembly granted exemption from liability or faulted proposals requiring disclosure reparations under § 11-1, may ein tiandedel, but at least five, of share its owners who have drawn on units prior to end of last year, Gjere damage bota answers debt duck on behalf of and in namnet the team. Action for reparation raised, it holding up even though some share Owner trekkjer themselves from the lawsuit or arises out of the team, or the percentage goes over to others.
(2) proceedings on reparations must travel by public attorney within three months after the decision diaper made by the General Assembly. Is it kravt investigation pursuant to §§ 5-24 to 5-26, the deadline reckoned from the date the claim is before finally avslege or in case the investigation is concluded.
(3) The costs of the lawsuit if reparation is made unauthorized people. Costs can still demanding covered by layer up to the sum which is komen made result of the action.
(4) This section does not apply when the decision mentioned in the first paragraph is made with fleirtal such amendment. The same applies when a settlement.
§ 11-5. Liability Exemption Has the General Assembly made the decision on exemption from liability or that liability not be undone debt duck, the team still promoting requirements shallows on lengthy as the General Assembly on adverse point not fekk correct and complete information about when the decision diaper made.
§ 11-6. Competitor Rande requirements Andel Owner, creditors or others who have suffered losses because the team is inflicted loss, restricted by injury settlement with the team, which their claims are back for the team requirements.
§ 11-7. Other claims on behalf of team
(1) The provisions of §§ 11-3, 11-4 and 11-5 debt equivalent of authority to demand a public prosecution and private prosecution.
(2) The provisions of §§ 4.11 and 5.11 debt equivalent disrespect refund them in accordance with § 3-5, fifth paragraph, and the team's requirements on Remuneration pursuant to § 6-15 third paragraph.
Chapter 12. Miscellaneous plementary provisions
§ 12-1. Confidentiality
(1) Employee representatives, shop manager and adding EiT bustadbyggjelag intended to prevent unauthorized people from accessing it they became aware of the agency's activities made about personal Relation. Confidentiality obligation applies not when Inga right komen interest stances indicate that the information should Halder hamper physician.
(2) Breach of the confidentiality obligation may be punished by fines. Medverknad are not punished.
§ 12-2. Administrative procedures in court oa
(1) When the district court handles cases under this Act, the provisions of the Probate Act §§ 22-25 when not anna forth in this Act.
(2) Orskurdar and decisions that the court makes by this Act, may ankast.
(3) Appeal by the second paragraph can not reason that Decision is without or unlucky. This does not apply orskurd by §§ 5-24 to 5-26.
§ 12-3. Deadline helping
(1) For deadlines which shall be deemed to dagar shall ein not Telje with the day when the deadline tek to go, but ein should calculate with meeting the day or the day when the action deadline debt, the earliest can be made or at the latest must be done.
(2) periods which shall be deemed in weeks, months or years, endar on the day of the last veka or the last month as the last name or random behavior corresponds to the day deadline takes to go. Do not month in this number, endar deadline on the last day of the month in.
(3) Endar ein action deadline ein Saturday, weekend or day after legislation is equated with public holiday, the deadline was extended to nearby consequence profession day.
§ 12-4. Litigation between the team and the Board in cases between the team and the board or individual board members, the General Assembly select one or more persons to represent the team in case. Will not it done, tilseiing happen to anyone the proportion of its owners.
Chapter 13. Entry into force. Transition Rules
Entry into force
§ 13-1. Entry into force
(1) Lova debt from the King fastset.1
(2) From the same time becomes law 4th February 1960 no. 1 on building societies be called off.
II Transitional Rules
§ 13-2. Transition Rules
(1) Bustadbyggjelag established prior to this Act diaper seen in power, can register with the Register of Business Enterprises, even if Stiftinga not been conducted in accordance with §§ 2-1 to 2-7. Registration must in case happen at the latest six months after the inaugural meeting.
(2) The provisions of § 2-2 second paragraph does not apply for teams who lovleg had a seperate names when Act diaper set into force.
(3) The provisions of § 3-1 first paragraph relating to minimum share capital does not apply for teams established prior to this Act diaper set into force.
(4) The provisions of § 3-1 third paragraph of nominal value of duck lane does not apply to the portion that is drawn on in accordance with the current statutes, cf. Seventh paragraph of this section.
(5) Shares may be transmitted by rules of the previously debt duck law for one year after this Act diaper seen in power, if not anna is established in the statutes.
(6) The rules on supervisory boards in Chapter 7 of the Act of 4 February 1960 No.. 1 about building societies shall apply for one year after this Act diaper seen in power, if not anna is established in the statutes.
(7) Statutes and agreements that are inconsistent with this Act, cast away at the latest one year after the Act was so considered in force.
III Changes in burettslagslova1 as a result of changes in anna law
§ 13-3. From the time allowed September 5th, 2003 No.. 91 amending the Law of exclusive rights to corporate and other business characteristics, etc. enters into force, shall follow the rules in the Housing preventing layer Act read as follows: - - -
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