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The Regulation On Exceptions To The Companies Act Section 8-10 And The Public Limited Companies Act § 8-10

Original Language Title: Forskrift om unntak fra aksjeloven § 8-10 og allmennaksjeloven § 8-10

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The regulation on exceptions to the companies Act section 8-10 and the public limited companies Act § 8-10 Date-2007-11-30-1336 Department food and Fisheries Ministry published in 2007 booklet entry into force last modified 12 30.11.2007 Change FOR-1998-12-18-1333 applies to Norway Pursuant law-1997-06-13-44-section 8-10, law-1997-06-13-45-section 8-10, FOR-1998-07-17-619 Announced at 04.12.2007. 14.05 short title regulations on credit to the employee share purchase Chapter overview: Chapter 1. Introductory provisions (§§ 1-2) Chapter 2. Access to provide financial assistance to the employees ' acquisition of shares in the company or the company's parent company (§ § 3-7) Chapter 3. Real estate companies ' access to set security by the acquisition of shares in the company or the company's parent company (§ § 8-12) Chapter 4. The entry into force. Repeal of previous regulations. (section 13)

Legal authority: established by the Ministry of trade and industry 30. November 2007 under the legal authority of the Act 13. June 1997 No. 44 about limited companies (companies Act) § 8-10 second paragraph and allowed 13. June 1997 No. 45 on public limited companies (public limited companies Act) § 8-10 second paragraph, cf.. the delegation decision 17. July 1998 No. 619. the EEA Joint referrals: the EEA Agreement annex XXII No. 2 (Directive 77/91/EEC).

Chapter 1. Initial provisions § 1. Forskriftens scope this Regulation applies to the exception from the ban in the companies Act § 8-10 and the public limited companies Act § 8-10.

§ 2. Illegal financial assistance the company has rendered financial aid in violation of the rules in this regulation, are invalid under the provisions of the outline is the companies Act § 8-11 and the public limited companies Act § 8-11.

Chapter 2. Access to provide financial assistance to the employees ' acquisition of shares in the company or the company's parent company, § 3. Scope the provisions of this chapter apply to limited companies and public limited companies.

§ 4. Access to provide financial assistance to the employees ' share acquisition a limited company or public limited company can conclude the companies Act § 8-10 and the public limited companies Act § 8-10 provide financial assistance to or for the company's employees or employees of the company's parent company in connection with the employees ' acquisition of shares in the company or the company's parent company, if the requirements of section 5 to section 7 are met. The equal of shares is entitled to acquire shares.
With the financial aid is meant to set the means at its disposal, provide loans or provide security.

§ 5. General arrangement the offer of financial assistance to be given the staff on equal terms.
The offer must include everyone who has been an employee of the company continuously for at least 12 months. The company can still fix a lower limit for the time of employment.

section 6. The financial bistandens size the financial aid shall, at the time it is granted, lie within the scope of the assets that the company can use for payment of dividends.
The financial aid in connection with the acquired for the individual employee must not exceed 20 percent of the net annual salary paid after withholding. The amount can not exceed 12 times the basic amount (G).

section 7. Collateral to be set reasonable assurance from the time the financial aid is granted.
If security is set in the form of pull in the employee's salary, the move happen at each point in time, and each will be paid salary move should be fairly equal. Deduction in pay can happen for up to 24 months. The company should be in agreement with the staff ensure the right to make up the remaining amount at the latest in the latest compensation if the employee is leaving his position in the company until the full amount is paid back, and ensure themselves the right to make moves in salary in the period of notice.

Chapter 3. Real estate companies ' access to set security by the acquisition of shares in the company or the company's parent company section 8. Scope the provisions of this chapter apply to limited companies.

§ 9. Access to provide security in connection with the acquisition of shares in the company or the company's parent company a public company can conclude the companies Act § 8-10 provide security in the form of mortgage on real estate in connection with the acquisition of shares in the company or the company's parent company if the requirements of section 10 to section 12 is met.
With mortgage in real estate refers to deal mortgage on real estate for Act 8. February 1980 no. 2 about the pledge section 2-1 to section 2-4.

§ 10. Requirements for the company to be set up with security company that will provide security must, at the time the security is established, meet the following requirements: 1) the company must be a real estate company. With the real estate company will mean the company if the business solely consists in owning real estate and the operation of the. In addition, the company can still own stocks or shares of the other real estate companies.

2) the company must not have other creditors than the that funds acquired. The company can still have creditors with claims that relate to the ongoing operations of the company, or that have reasonable assurance for its claim, or that written consent to such collateral as mentioned in section 9.

3) the company must not have other employees than the General Manager.

section 11. Requirements to the buyer the buyer must as a result be acquired directly or indirectly the owner of all shares in the company to provide security.
The buyer must be a company acquired by covered by the companies Act section 8-7 (3) No. 2. section 12. Outlines requirements and security to be Acquired is because of completion of common business terms and principles.

Chapter 4. The entry into force. Repeal of previous regulations.

section 13. Entry into force these regulations shall enter into force immediately. From the same time repealed regulations 18. December 1998 No. 1333 about stock companies ' and public limited companies ' access to provide financial assistance to the employees ' acquisition of shares.