Regulations on the registration of legal persons mm Entities
Date FOR 1995-02-09-114
Ministry of Industry and Ministry of Fisheries
Published Dept. In 1995 148
Commencement 01/03/1995
Edited
FOR 2015-06-02-653 from 01/07/2015
Changes
For
Norway
Legal
LOV-1994-06-03-15-§3, LOV-1994-06-03-15-§4, LOV-1994-06-03-15-§8, LAW-1994-06-03- 15 Section 10, LOV-1994-06-03-15-§16 LOV-1994-06-03-15-§18, LOV-1985-06-21-78-Section 4-3 FOR-1994- 06-03-375, FOR-2003-08-29-1095
Promulgated
Short Title
Regulations on registering with the CCR
Chapter Overview:
Chapter 1. Introductory provisions (§§ 1-2)
Chapter 2. Registration of corporate and enterprise groups (§§ 3-7)
Chapter 3. Registration Eligible entities (§8)
Chapter 4 . About sole proprietorships and subassemblies (§§ 9-12)
Chapter 5. Requirements for message (§§ 13-16)
Chapter 6. message processing (§§ 17-19)
Chapter 7. Appeal of Registrar's decisions (§20)
Chapter 8. Miscellaneous provisions (§§ 21-24)
Chapter 9. Entry into force and transitional provisions (§§ 25-26)
Adopted of Finance and Customs Department (now Ministry of Industry and Ministry of Fisheries) on 9 February 1995 by virtue of the Act of 3 June 1994. 15 about CCR § 3, second paragraph, § 4, third paragraph, § 4, last paragraph, § 8, § 10, § 16, second paragraph, § 18, and Royal Decree. of 3 June 1994 no. 375.
Added authority: Delegation Decision on 29 August 2003 no. 1095 section 3. Act 21 June 1985 no. 78 on the registration of enterprises § 4-3.
Changes: Amended by Regulations 16 Dec 1996 no. 1314, March 30, 2009 no. 380, January 24, 2011 No.. 95, 2 June 2015 No.. 653.
Chapter 1. Introductory provisions
§ 1. Localization, organizing and conducting Entities at the Registry Unit in Brønnøysund (Brønnøysundregistrene), and headed by a registrar appointed by the King.
§ 2. Delegation The authority for Coordinating Register Act or regulations issued pursuant to the Unit Register Act has been added to the registrar, may be delegated to another official of the Register.
Delegation decision shall be in writing and clearly specify by name the official who gets assigned authority and of any restrictions on delegated authority.
Chapter 2. Registration of corporate and enterprise groups
§ 3. Notification of devices in corporate and enterprise groups Unit which according to law or regulation issued pursuant to the Act are obliged to allow private accounts etc. included in a consolidated or other form of public statements expressing two or more units overall business, is obliged to provide notification as specified in § 4 and § 5 of the CCR.
Unit that is in such a relationship entity domiciled abroad that it would be notifiable under subsection if the entity domiciled abroad had been resident in Norway, must submit notification as specified in § 4 and § 5. The notification requirement is incumbent in this case only device domiciled in Norway.
For device based on specific conditions mentioned in the law or regulation issued pursuant to law or by application to a public authority exempted from an otherwise applicable duty to its own accounts or accounts etc. included in a consolidated or other form of public statements expressing two or more units total production, are reporting duty pursuant to subsections correspondingly apply.
Organisational form a sole proprietorship is not notifiable under this provision.
§ 4. Information to be reported on corporate / enterprise groups
(1)
The following information shall be reported on in the consolidated if they exist:
1.
Designated organization and company names
2.
Number and business name for their own parent
3.
Number and company name to own subsidiaries
4.
The basis of the notification requirement (size of the stake, the deal).
(2)
When registering of enterprise groups shall be filed a joint message that breaks down the whole group. Each unit included in a grouping shall in the message to Entities identified with registration number and company name, and indicate the grounds for the notification requirement. Each unit shall confirm the accuracy of the information as specified in the device registry law § 8 and these regulations § 15.
(3)
For an entity not registered in the CCR and included in the registration requirement group or enterprise group, shall be given as specified in the Central Coordinating Register Act § 5 and the basis of the notification requirement (size of the stake, the deal). On the basis of the information determines the registrar about the device shall be recorded in the registry with its own organization. If an organization allocated under this paragraph, the unit shall be notified by the contact of the registration. Identification awarded under this provision shall only be used in relation to the corporate / enterprise group registration and can not be used in other contexts or having effect as other organization. The Registrar may grant exemptions from the preceding sentence, and decide that others can use organization awarded under this paragraph and impose conditions for such use.
(4)
A change in recorded consolidated / enterprise group information shall be submitted message to the CCR. First and third paragraphs shall apply correspondingly. When changes in enterprise group information, the registrar may request the information from the device as he deems necessary to register the change.
§ 5. timing of the obligation to file a notification of corporate / enterprise group information All units must consider the obligation to provide information about corporate / enterprise group while they determine or approve the annual mv. Notifiable consolidated or enterprise group data must be reported to the CCR, within one month of the determination or approval of the financial statements, etc.
All units have an unrestricted right to submit notification with corporate / enterprise group information as referred to in section 4 of the CCR.
§ 6. Notification to entities in corporate / enterprise groups All devices that are registered as part of a group or enterprise group should receive notification from Entities under § 19. In the notification shall be given an overview of the entire group / enterprise group unit forms part. This applies to both new registrations and registration of changes in corporate / enterprise group information.
§ 7. Information from other To control group and enterprise group information in the CCR, the registrar may obtain and examine information on corporate and enterprise groups except in the device itself. On the basis of such information the registrar may direct a request to the relevant entities in which he asks that the accuracy of the information verified or disproved within a deadline set by the Registrar. The unit is obliged to provide feedback to the CCR on such a request within the prescribed period, regardless of the time of the notification pursuant to § 5.
Chapter 3. Registration Eligible entities
§ 8. Devices that have the right to register for organizational forms as mentioned in the Central Coordinating Register Act § 4, first paragraph and who do not have registration obligations, there is a right to registration in the CCR.
In addition, these devices record straight when they do not have a registration obligation:
A)
auditors to be registered in the Register of Auditors, cf. Act on 15 January 1999 no. 2 on auditing and auditors (Auditors Act) § 10-1
B)
accountants to be registered in Accounting Registry, cf. Act of 18 June 1993 No. 109 relating to the authorization of accountants § 12
C)
entities not covered by the Coordinating Register Act, but which affiliated register has defined as separate registries pursuant to law or regulation issued pursuant to the law.
Registrar decides in which cases individuals should have the right to register in the absence of registration directly under the second paragraph letters a and b.
Chapter 4: sole proprietorships and subassemblies
§ 9. Sole Proprietorship When one person operating in multiple locations and / or in different industries, the various businesses registered as separate sole proprietorship. In other cases it may not be registered more sole proprietorships in the same person.
§ 10. Under Unit A recording unit may have one or more subunits. Each subunit must receive its own organization.
It shall be registered a sub-unit for each separate business registry performer. The registration entity business can be separated by being exercised in multiple locations and / or in different sectors / industries.
Shall also be registered under unity in cases registration unit has employees without run businesses.
§ 11. Notification requirements The registry is obliged to report information about the entity relationship. This applies both to the initial registration in the CCR and by subsequent amendments.
§ 12. Information to be reported on subunits following information shall be reported on subunits if they exist:
1
- organization
2
- organization of the registration unit
3
- name / department designation
4
- located address (street / road)
5
- mail
6
- commissioner location address
7
- purpose (art / industry)
8
- organizational form
9
- headcount
10
- commencement date / creation date
11
- date of transfer / acquisition of a business
12
- date of termination of operations
13
- new and former owner and details of these.
In addition, the recorded information about the device's phone number, fax number and any other electronic addresses, as well as industry codes, status and information of an administrative nature.
Chapter 5. Requirements for message
§ 13. Attendance message to The Register shall be on a form approved by the Trade and Industry Ministry.
Registrar may accept notification that is not written in an approved form if this appears to be unobjectionable.
§ 14. Language Documents containing information that forms the basis for registration in the Register shall be written in Norwegian, unless the registrar has no misgivings about accepting the information in another language.
If the documents are written in a language other than Norwegian, and registrar can not accept this, they must be translated by a translator approved by the Norwegian authorities.
§ 15. Signature on message to Entities If the entity submits a joint message to the CCR, and at least one associated register will also claim for a declaration by Coordinating Register Act § 8 to be fulfilled when the message is signed in accordance with the requirements can be set by the rules applicable to associated register.
§ 16. Signing of electronic messages Electronic message to the registry by Coordinating Register Act § 13 and § 15 shall be signed by a natural or legal person holding one of the following positions in the unit:
1.
Notifiable (cfr. Coordinating Register Act § 14)
2.
Signatory
3.
Representative for Norwegian registered foreign companies, cf. VAT Act § 2-1, sixth paragraph.
Electronic notification mentioned in the first paragraph may also be signed by an individual as chairman or managing director of the unit has delegated the right to sign the message. If your device has no chairman or managing director, may electronic messages signed by a natural person as a contact person mentioned in the Central Coordinating Register Act § 8 first paragraph, has delegated the right to sign the message. For sole proprietors, the right to sign the message also be delegated by the proprietor.
Granting of law as stated in the second paragraph shall take place within an electronic solution that is approved by the Registrar.
Is your device registered in the Company Register, the rules concerning the signing of the electronic message in § 9 of the Regulations of 18 December 1987. 984 for registration of enterprises (business register Regulation).
Chapter 6. Message Processing
§ 17. Record keeping of incoming messages All messages received by The Register shall be recorded and assigned consecutively journal number. Messages recorded on admission day in numerical order. Notifications received after noon. 14.00 can be recorded on the next business day.
§ 18. Checking messages of Trade and Industry may issue guidelines for the control and processing of messages by CCR.
If it is clearly stated in the message that the device should be recorded on the Companies Register, but for this to happen at a later date than the registration in the CCR shall not information business enterprises have responsibility for controlling introduced in the CCR prior business enterprises have checked and found the data in order.
§ 19. Notification The registry or the like in the message appears as representative, shall be informed of the new information recorded on the device. Such notification shall be given both the initial registration in the CCR and on subsequent change notifications. Such notification shall also be given in cases registrar decides not to impose reporting information in the register.
In cases other than the device itself can report changes to the CCR, and this is done, both the person submitting the notification and device have notified introduced changes to the unit in the CCR.
In cases affiliated register has supervisory or controlling authority of reported information, and there is a message about new registrations, has not registrar obligation to send out notification under subsections.
Chapter 7. Appeals against the Registrar's decision
§ 20. Complaint Register Driver's decisions can be appealed to the Ministry of Trade and under the rules of the Public Administration.
Chapter 8. Miscellaneous provisions
§ 21. Currently assigned organization may determine an initial assignment of an organization when there are compelling reasons to warrant a quick introduction to an affiliated register and there is no time to await Coordinating Register ordinary proceedings in connection with the assignment of an organization.
Yet been assigned an organization shall not be available for other than the CCR, associated registers and the device itself.
It should not cast any kind of printing Entities in connection with the award of a provisional organization.
If the Registrar decides not to approve that registered a device that has been allocated a provisional organization shall affiliated registers notified. How and how often associated registers to be notified is determined by the registrar.
§ 22. Control of information Registrar may apply to all units or a variety of devices and impose these to submit notification to check whether the introduced information is correct. The Registrar may set a reasonable deadline for filing such a notice. If the order is not followed within the deadline given, the device may, for the detailed provisions of Trade and Industry, imposed fines running until the message is filed. It can also be noted in the Register, as well as on statements given off the device, the order is not followed.
§ 23. Data security must be taken regularly backup of what is registered in Device Registry database. Data processing must be devised in such a way that the quality of stored and information given is adequate and so that it is protected against adverse events. Accident, misuse, abuse and other threats to data security must be discovered and avoided as efficiently as possible.
§ 24. Filing of messages All messages received by The Register shall be stored in accordance with guidelines approved by the Trade and Industry Ministry. The registrar is obliged at all times to ensure that the messages are properly handled and stored so that they can subsequently be submitted as copies.
The message in this context both the provisions of Regulations § 13 and any documentation / attachments.
Chapter 9. Entry into force and transitional provisions
§ 25. Entry into force These regulations enter into force on 1 March 1995.
§ 26. Transitional provision This regulation § 9 shall not apply for sole proprietors who were already registered in the Company Register by Coordinating Register Act enters into force. Regulations § 9 will not apply to sole proprietorships that at the time of device registry commencement of this Act had been filed registration statement to the register had not yet been introduced in the Companies Register.
