/Entry into force: 01/01/2016
Scope of application
1 §/expires U: 2016-02-01-this Act provides for the establishment and
publication of reports of payments to
authorities.
With authorities comparable company that stands in a relationship
to an authority that represents the relationship between a
subsidiaries and parent companies.
Law applies to
1. limited liability companies and partnerships are major companies or
the parent company of larger groups according to Chapter 1. paragraph 3 of the
annual accounts Act (1995:1554),
2. the undertakings referred to in Chapter 1. Article 1, first paragraph the law
(1995:1559) on the annual accounts for credit institutions and
securities companies, and
3. undertakings as referred to in Chapter 1. Article 1, first paragraph the law
(1995:1560) on the annual accounts of insurance undertakings.
the entry into force of § 1/in: 2016-02-01-this Act provides for the preparation and publication of reports of payments to Governments.
With authorities assimilates company that stands in a relation to an authority that represents the relationship between a subsidiary and a parent.
Law applies to
1. limited liability companies and partnerships are major corporations or parent companies of larger groups according to Chapter 1. paragraph 3 of the annual accounts Act (1995:1554),
2. the undertakings referred to in Chapter 1. 1 paragraph Act (1995:1559) on the annual accounts for credit institutions and securities companies, and
3. undertakings as referred to in Chapter 1. 1 paragraph Act (1995:1560) on the annual accounts of insurance undertakings.
For companies which are issuers referred to in Chapter 16. section 1 of the Act (2007:528) securities market, there are specific provisions in Chapter 16. paragraph 6 of the same law. Law (2015:961).
Expression in law
2 for the purposes of this Act, section
1. company with operations in the extractive industry: companies that
engaged in exploration, development, extraction and thus
comparable activities related to oil, natural gas, coal, peat,
sand, gravel, stone, clay, salt, or metal ores or other
minerals,
2. company with operations in the felling of natural forest:
businesses which harvest natural forest or which carry out transport
for such harvesting,
3. projects: one or more operational activities that are controlled
of a single agreement or several significantly interconnected
contracts and forms the basis for the payment liability to a
authority.
Report on company level
section 3 of The companies operating in the extractive industries or
in the felling of natural forest will last six months after
fiscal year establish a report of such
payments to the authorities referred to in paragraph 5 and that
the company has made during the fiscal year.
A company belonging to a group need not establish
any report about the payments covered by a report on the
group level as the parent company draws up under this Act
or the corresponding provisions in another Member State within
The European Union.
Report on group level
section 4 If any of the companies in the group operating
in the extractive industries logging of natural forest,
the parent company within six months of the fiscal year
output prepare a report of such payments to the
authorities referred to in paragraph 5 and that any of the Group companies
during the fiscal year.
The company does not have to establish a report if it is a
subsidiaries and the payments are subject to a report on the
group level as a parent establish under this Act
or the corresponding provisions in another Member State within
The European Union.
The report does not have to include the payments from
Group companies which, pursuant to Chapter 7. paragraph 5, second subparagraph
annual accounts Act (1995:1554) are not covered by
the consolidated financial statements for the fiscal year.
Report contents
paragraph 5 of the report should contain information on such
payments for activities that constitute
1. compensation for production rights,
2. tax on income from business, production or
profit from the company and not the tax on natural persons
income nor VAT, sales tax
or other taxes on consumption;
3. royalty,
4. distribution,
5. contract, discovery or production bonus,
6. remuneration for the license or concession, or
7. payment for infrastructure improvements.
The total amount of the payments that have been made
to each authority to set. If some payments have
designed a special project, the total amount of
the payments are specified. If the payment obligation has
occurred at the company level, however, need not the payments
prices are per project. In all cases, it is specified how big
part relating to each of the types of payments listed
in the first subparagraph 1 – 7.
If a payment has been made otherwise than in money,
be provided if the value and, if applicable, the volume. In
a note to explain how the value is
calculated.
section 6, a payment that, alone or together with other
consecutive payments, is less than 860 000 SEK in the
a fiscal year do not need to be included in the report.
paragraph 7 of the report should reflect a payment or a
real meaning of business.
Publication
paragraph 8 of the report to be published by a certified
copy submitted to the Swedish companies registration office within seven months
After the end of the financial year. With certified copy is equated
an electronic original.
A report prepared by a joint stock company shall
registered in the companies register of the Swedish companies registration office.
Registration to be in Swedish. About the company
the registration relating to the request, the registration also
be done in a different official language of the European Union
or Norwegian or Icelandic.
paragraph 9 of the report may be transmitted electronically to
The companies registration office.
The Government or the authority that the Government can
with the support of Chapter 8. section 7 of the Constitution notify closer
regulations on
1. electronic transfer to the companies registration office, and
2. attestation of an electronic copy is in conformity with
the original.
Reporting under the third country provisions
section 10 a company need not present any report
under this law, if it instead
1. establish and publish a report in accordance with a
third-country reporting requirements by the European Commission
assessed as equivalent to the requirements in the European Union, and
2. publish the report in Sweden according to § 8.
VITE
section 11 if a company does not give a report under this
law, the Swedish companies registration office shall submit to the program alone or
together with someone else is obliged to submit the report
to fulfill its obligation.
The order may be subject to a penalty.
Questions about the imposition of a penalty assessed by the companies registration office.
Appeal
section 12 of the corporate Board's decision pursuant to paragraphs 8 and 11 may
be appealed to the administrative court. The appeal should
be submitted to the companies registration office within two months from the date of
the decision.
Leave to appeal is required for an appeal to
the administrative court.
Transitional provisions
2015:812
1. this law shall enter into force on 1 January
2016.
2. The law shall apply for the first time for the financial year
begins after december 31, 2015.