Law (2015:812) On Reporting Of Payments To Governments

Original Language Title: Lag (2015:812) om rapportering av betalningar till myndigheter

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:812

/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.