Introductory provision
paragraph 1 by an order of disqualification under this Act
notifies a trader during certain time limitations in
the right to carry out or take part in business activities.
People who may be communicated to the disqualification
Persons engaged in individual business activities
section 2 of the provisions of sections 4 to 9 shall apply to individual
traders and those who outwardly has emerged as responsible
for an individual business.
People linked to legal persons
paragraph 3, the provisions of sections 4 to 9 shall be applied to those who actually
been engaged in the conduct of a trade or business as a legal
person has engaged in.
The provisions of sections 4 to 9 must always be applied to the following
Executives:
1. the limited partnership: complementary,
2. in other partnerships: partner,
3. in joint-stock companies and mutual insurance companies: Member and
substitute member of the Board of Directors and the President and vice
Executive Director,
4. savings banks, cooperative societies and
insurance associations: Member and alternate member of the Board and
Managing Director and executive vice President,
5. in the European economic interest grouping established in
Sweden: business leaders,
6. in the European company and the European cooperative based in Sweden:
a member and an alternate member of the administrative, management or
Supervisory Board and Executive Director and Deputy
Executive Director,
7. in foreign branches covered by the Act (1992:160) if
foreign branches: the President and vice
Executive Director, and
8. in the foundations covered by Chapter 2. section 3 of the accounting Act
(1999:1078): Member and alternate member of the Board, and, when a
Foundation has affiliated management, such executives
with the trustee specified in this paragraph.
Conditions for disqualification
Disqualification for violation of
section 4 of The who has grossly breached its obligations in
economic activity and thus is guilty of
crime that is not insignificant, to be notified of disqualification,
If such a ban is appropriate from a general point of view.
Disqualification in connection with bankruptcy
§ 5 The who have acted grossly unfair to creditors
or otherwise grossly breached its obligations in
When a trade has been declared bankrupt,
to be notified of disqualification, if such a ban is called for
from a general point of view.
Disqualification referred to in the first subparagraph shall be communicated only to the
that was part of it in 2 or 3 of the specified person at the circuit
the time of the bankruptcy order, or at any time during the
the 12-month period preceding the decision.
Disqualification due to failure to pay taxes
accommodation
section 6 of The who has grossly breached its obligations in a
business activity for which such tax, duty or fee
covered by the provisions on payment assurance in
tax Procedure Act (2011:1244) to a considerable extent not
has been paid, shall be notified to the disqualification, if such a
ban is appropriate from a general point of view.
Disqualification for violation of
competition provisions
section 7 of The which has grossly breached its obligations in a
trade or business where the prohibition in Chapter 2. paragraph 1 of the law on competition
(2008:579) or article 101 of the Treaty on European
functioning has been breached in a manner that
meant that companies in the same production-or trade
determine the sales prices, restrict or control
production or allocate markets, shall be notified to the
disqualification, if such a ban is called for from the General
point of view.
When disqualification is appropriate from the point of view of public
section 8 in determining whether disqualification is necessary from
general point of view, the right in particular to take into account, if
1. the breach has
(a)) has been systematically,
b) aimed at substantial gain or
c) caused or were likely to cause significant harm,
or
2. the trader previously have been convicted of crimes in
trade or business.
If the meaning of an action or an application for
disqualification is guilty of crimes in
economic activity and the offence is not required
the more lenient penalty than imprisonment for six months, at the
application of section 4 of the disqualification is considered appropriate from a General
point of view, unless there are special reasons speaking against it.
§ 9 in determining whether disqualification is necessary from
General terms under section 7 shall be taken in particular of the
If the procedure has been devoted to seriously hamper,
restriction or distortion of competition.
Disqualification should not be considered appropriate from a general standpoint,
If the eligible for such a ban for yourself
or within the limits of its economic activity has
helped to materially facilitate such
investigation of the infringement made by the
1. The Swedish competition authority,
2. a competition authority of another Member State of the European
the Union, or
3. European Commission.
Enterprise ban length
section 10 of disqualification shall be granted for a specified period, a minimum of three
and not more than ten years, and comes from the decision
ban becomes final.
In determining the duration of prohibition shall take into account
If it has been granted temporary ban under
paragraph 21. The Court can then determine a shorter
prohibition for more than three years.
Nutritional significance of prohibition
section 11 of the one who has the disqualification shall not
1. drive commercial activity,
2. actually exercise the management of a trade or business or by
such a legal person is posting required even if the
not power nutrition,
3. be a member of another partnership than a
limited partnership or general partner in a limited partnership, or
a member of a European economic interest grouping established in
Sweden
4. be the founders of a limited company or a savings bank,
5. be a member or Deputy member of the Board of
– a corporation,
– an economic association,
– a savings bank,
– a mutual insurance company,
– an insurance Association,
– a European economic interest grouping established in
Sweden
– a retirement benefit plan, or
– such a non-profit association or foundation which operates the
trade or business,
6. be a member or Deputy member of the administrative, management
or supervisory organ of an SE or an
European cooperative based in Sweden,
7. be the Executive Director or the Deputy Executive
Director in
– a corporation,
– an economic association,
– a mutual insurance company,
– a European company or European cooperative based in
Sweden
– a savings bank,
– a member bank, or
– a branch under the Act (1992:160) of foreign branches
accommodation,
8. be a business leader in a European economic
interest grouping established in Sweden or Director
According to the second subparagraph of paragraph 2 of the law on foreign branches, etc.,
9. be signatory or other property be
representative of a legal person specified in 3 – 5
or be signatory for a foreign bank business
Branch,
10. to own as many shares in a limited company or a
a European company based in Sweden that his or her share of the
voting rights for all of the shares in the company exceeds fifty
per cent,
11. hold power of attorney to represent a single trader in
his trade or a legal person referred to in
3 – 5,
12. be employed or receive quests in a
trade or business that is operated by a related to him or
her or where a loved one has a position that
specified in section 3, or
13. be employed or receive assignments in the
trade or business in which he or she has failed to fulfil its
obligations.
section 12 of the prohibition in section 11 11 does not apply in respect of such power of Attorney
referred to in paragraph 10(2) the Act (1915:218) concerning agreements and
other acts on the property law.
section 13, as related in accordance with section 11 of 12 is considered the one that is
1. married or cohabiting with the disqualification, or is
sibling or relative in the ascending or descending line right to the
him or her, and
2. the besvågrad with the disqualification of entitlement
ascending or descending line or so that one is married to
the other's siblings.
section 14 of the one who has the disqualification may, despite the ban, such as
private entrepreneur exert such a constitutional right
referred to in
– Chapter 2. section 1 of the Constitution Act,
– Chapter 1 section 1, Chapter 4. section 1, Chapter 6. § 1 or chapter 13. 1 §
freedom of the Press Act, or
– Chapter 1 section 1, Chapter 3. 1, 2, or section 8 or 10. 1 §
freedom of expression.
The application for disqualification, etc.
Claim for disqualification based on paragraph 4 of the
section 15 claim for disqualification under paragraph 4 may be produced by
a public prosecutor in application of the provisions relating to proceedings in
criminal cases.
Unless otherwise provided in this Act, shall, in the case of
investigation and procedure apply to what is generally
before written about cases involving public prosecution for crimes where the
not mandating stricter punishment than imprisonment of up to one
year. Coercive measures in accordance with Chapter 24 and 25. the code of judicial procedure,
not, however, be used.
Claim for disqualification based on 5 or 6 §
paragraph 16 of the Motion for disqualification under section 5 or 6,
produced by the public prosecutor. If an action is not brought in accordance with
section 15, the application shall be made by filing in General
Court.
If the Public Prosecutor stated that refrain from applying for
disqualification, application instead of
Enforcement authority.
An application under the first or the second subparagraph shall be made in
the District Court of the place where the claim relates to have their
resident. If he or she is not habitually resident in Sweden, the
application should be made at the Stockholm District Court. If the case concerns
disqualification under section 5, is also the District Court
is dealing with or has dealt with bankruptcy jurisdiction
case.
Claim for disqualification based on section 7 of the
section 17/expires U: 2016-09-01/
Claim for disqualification under section 7 may be produced by
The Swedish competition authority.
The claim must be filed in a case concerning an administrative fine
According to Chapter 3. paragraph 5 of the Competition Act (2008:579). Unless otherwise
provided for by this law, the provisions of the code of judicial procedure if
civil cases where conciliation on the matter are not permitted
applied. At the vote in the right case 29.
the code of judicial procedure.
If the competition authority is not for action for competition,
get the work rather than make a claim for disqualification
by application to the Stockholm District Court. A decision of the
the District Court be appealed in this case to
The market Court.
section 17/comes into force in: 2016-09-01/
An application for disqualification under section 7 may be produced by the Swedish competition authority.
The claim must be filed in a case concerning an administrative fine pursuant to Chapter 3. paragraph 5 of the Competition Act (2008:579). Unless otherwise provided for by this law, the provisions of the code of judicial procedure of civil cases where conciliation if the matter is not allowed to be applied. At the vote in the right case 29.
the code of judicial procedure.
If the competition authority is not for action for competition, the work rather than make a claim for disqualification by application to Patent and market Court.
Law (2016:230).
A court handling cases of disqualification
section 18/expires U: 2016-09-01/
Unless otherwise provided in this Act, such
case of disqualification referred to in section 16 and section 17 of the third
the paragraph dealt with under the Act (1996:242) if
Court cases.
The District Court shall keep sitting, if this is not obvious
unnecessary.
At the sitting of the District Court shall consist of a legally qualified judges
and three jurors. The matter shall be settled in the same
composition. In the cases referred to in section 17, third paragraph,
the District Court be composed in the manner specified in
Chapter 8. 10 of the Competition Act (2008:579).
At the vote in the right case 29. the code of judicial procedure.
In addition to the provisions of the law on court cases, law
decide on the new imposition of fines or download to the right
either immediately or at a later date, if the
the application is directed against despite injunction for personal
appearance does not appear to the meeting or
appear by proxy.
the entry into force of section 18/in: 2016-09-01/
Unless otherwise provided in this Act, should such a case concerning disqualification referred to in section 16 and section 17, third subparagraph dealt with under the Act (1996:242) about court cases.
The District Court or the patents and the market Court will hold meeting, unless this is clearly unnecessary.
At the sitting of the District Court shall consist of a legally qualified judges and three jurors. The matter shall be settled in the same composition. In the case referred to in paragraph 17, third paragraph, the Patent and the market Court be composed as described in Chapter 4. 8 § law (2016:188) if patent and market courts.
At the vote in the right case 29. the code of judicial procedure.
In addition to the provisions of the law on court cases, the right to decide about the new imposition of fines or download to the right either immediately or at a later date, if the application is directed against despite injunction for personal appearance does not appear to the sittings or appear by counsel. Law (2016:230).
Public Defender
19 § if there are special reasons, get to the right in a case or
case of disqualification, appoint a public defender for the
the prohibition referred to in the claim. In the case of public
Defender applies the code of judicial procedure.
Legal costs
section 20 in respect of legal costs to 31.
the code of judicial procedure to be applied.
Temporary ban
The conditions for temporary ban
section 21 If it is clear that there is a basis for
disqualification, right after the claim, decide on
temporary injunction for the time until the question of
disqualification has been settled definitively.
Law, in the context of the final review of the issue of
disqualification of their own accord to raise the issue of temporary
disqualification.
Who can request temporary ban
section 22 A case of temporary disqualification pursuant to paragraph 21 of the first
the paragraph is taken up at the request of the Prosecutor or, in the case
referred to in section 7, by the Swedish competition authority.
If the public prosecutor in cases referred to in paragraphs 5 and 6 have declared themselves
refrain from asking disqualification, a claim for
temporary ban instead of being produced by
Enforcement authority.
Dealing with questions about the temporary ban
section 23 Before law announces a temporary ban on
According to paragraph 21, should the claim relates to get
opportunity to be heard, unless there is reason to believe
that he or she has absconded or otherwise
absconds.
section 24 questions about the temporary ban pursuant to paragraph 21 of the first
the paragraph is based on the allegation of crimes to be dealt with
in accordance with section 15. In other cases, 16 – 20 sections apply.
When a decision on the temporary ban takes effect
section 25 of The decision on the temporary ban applies to
immediately, unless otherwise decided. Decision pursuant to paragraph 21 of the first
subparagraph shall be notified to the meaning of the prohibition.
Appeal
section 26 a decision on the temporary ban, which has
announced during the trial, may be appealed against in particular.
Appeal a decision if the temporary ban, higher
correct immediately decide that the ban will not be
apply.
Time for bringing proceedings
section 27 if the Court decides if the temporary ban before
Action for disqualification is brought or the application has been received
to the right, it shall set a time within which such an appeal
shall be brought or the application is submitted to the Court.
The time referred to in the first subparagraph may not exceed
necessary. It can be extended, if the claims
disqualification before expiry of the request and the Court finds
that the time is not sufficient.
Repeal of prohibition
Suspension of disqualification given due
crime
section 28 Of the who, by a final decision have
given disqualification under paragraph 4 is exonerated from liability for
crime, the prohibition of nutrition while suspended. Refers to the
the acquittal only a certain part of the crime or
applying the right a milder penal provision on
crime, shall examine whether and under what time
the ban still applies. The Court can also suspend or
change a decision imposing an obligation to answer for
court costs, if such a decision was given in
connection with the judgment on the ban.
Suspension of disqualification based on bankruptcy
section 29 of the right, since a disqualification has been granted in accordance with
§ 5, cancels the bankruptcy decision has been
prerequisite for the ban at the same time, the prohibition of nutrition
be repealed.
Cancellation after reconsideration
section 30 of the legal decision of disqualification shall be repealed
on the application of the prohibition. The right to set aside
the decision, if the applicant demonstrates that the prohibition is rightfully not
would have given him or her.
The handling of the cases of suspension of disqualification
section 31/expires U: 2016-09-01/
In cases of suspension of disqualification applied section 16
the first and second subparagraphs, the third paragraph of section 17 and section 18
the third and fourth paragraphs of the application for prohibition.
A case if the lifting of the ban is to be taken up by the
District Court, which in the past has dealt with the case or the case of
disqualification. Concerning the matter not repealing a ban
under section 7, it may also be taken up by the Court in the place where the
the applicant has his domicile, if right with regard to the
the investigation costs and other circumstances, it
appropriate.
In case the authority contends disqualification or
authority in the place where the applicant is resident counterparty
to the applicant.
A case of waiver of the ban may be decided without
meeting, if the matter can be investigated adequately.
the entry into force of section 31/in: 2016-09-01/
In cases of suspension of disqualification applied paragraph 16 of the first and second subparagraphs, the third paragraph of section 17 and section 18 of the third and fourth paragraphs of the application for prohibition.
A case concerning the withdrawal of disqualification shall be dealt with by the Court in the past has dealt with the case or the case of disqualification. Concerning the matter not repealing a prohibition under section 7, it may also be taken up by the Court in the place in which the applicant has his domicile, if right with regard to the investigation, costs and other circumstances, it is appropriate.
In case the authority contends disqualification or authority in the place where the claimant is domiciled as a counterpart to the applicant.
A case of waiver of the ban may be decided without a meeting, if the matter can be investigated adequately.
Law (2016:230).
Waiver in connection with new business
32 § if the disqualification is announced a new ban,
It shall set aside the earlier ban.
Lifting of the temporary ban on
section 33 a decision on the temporary ban should immediately
be repealed, if
1. actions for disqualification not challenged or the application does not
has been received by the Court within the time specified
According to section 27 and it has not received any
request for extension of time,
2. an action or an application for disqualification revoked or
unfounded, or
3. the reasons for the temporary
the food ban.
If an action or an application for disqualification is upheld, the right
consider whether the temporary food ban still will
apply.
Effect of a decision on the revocation or amendment of the
disqualification
the decision of the Court to repeal section 34 or change a disqualification
effective immediately.
Exemption from disqualification
What an exception may be made for
35 § whoever has the disqualification or suspension
disqualification may be granted certain exemptions from section 11, if the
There are reasons for this and such an exception would not
contrary to the purpose of the business.
Exceptions may also be communicated for a limited time, if time
needed for the settlement of trade, employment,
Mission, the holding of full power, ownership in partnership
or shares referred to in section 11.
A derogation as referred to in the first or second subparagraph may be subject
in terms of what the who has business has to comply with
then the exemption is utilised.
36 § in the exemption decision under section 35 shall specify the
steps the given disqualification may take. In
the case of exemption referred to in section 35, second paragraph, the law further
specify how long the exemption to apply. If the exception will be
subject to conditions pursuant to section 35, third subparagraph, shall also
These conditions are set out in the decision.
Examination of a matter of exception
37 section a question if exemption from disqualification may be tested in
connection with the judgment or decision on disqualification or decision on
temporary ban on or after a later made
the application.
If there are serious reasons, the time referred to in section 35
the paragraph should be extended. Question about such extension to be
application by the disqualification.
As a matter of exception from disqualification is necessary to examine in particular,
section 31 applies mutatis mutandis.
Withdrawal of exemption
38 § an exemption under section 35 may be withdrawn if the
the exception relates to violate the prohibition of nutrition or
temporary prohibition of nutrition or violating a condition that
is associated with the exception. The same applies if he or she
otherwise infringes his obligations in the business
that exemption.
According to § § 38 39 Application of withdrawal of exemption from
the food ban may be made by the Prosecutor or, in the cases referred to
in section 7, the Swedish competition authority. If the public prosecutor in cases referred to in
5 and 6 §§ have declared themselves refrain from applying for
withdrawal, application instead of
Enforcement authority.
When the query is tried in a separate case concerning section 31. A
such a case may, however, also be taken up by the District Court
previously considered the question of exemption from disqualification.
Register of disqualification
section 40 of the companies registration office shall keep a register of disqualification
and temporary disqualification.
Supervision of the announced ban, etc.
Supervisory authority
41 § enforcement authority supervises the
disqualification and temporary disqualification from being followed.
Obligation to appear for calls
42 § whoever has the disqualification or suspension
disqualification is required to appear in person for
talks with representatives of the Swedish enforcement authority at the time and
place as the authority determines.
Enforcement authority to convene such a call as
soon a decision on disqualification has become final;
or in the case of a temporary ban, when such a
ban has been announced. The authority may refrain from calling
to call by personal appearance if there are
special reasons.
If it is relevant to the enforcement service
regulatory activities, the Agency may later call to
further talks.
A decision notice under this section shall not
subject to appeal. If a decision to appeal penalties pursuant to section 43, the
However, the validity of the withdrawal, the right to examine whether the applicant is requesting
it.
43 § A notice to call under section 42 may be subject to
penalty payment, a minimum of two thousand and not exceeding twenty thousand dollars.
Question about imposing penalty payments examined by the enforcement authority.
The purpose of the periodic penalty payment has lost its importance, it must not
be tried out. Enforcement authority must not impose penalty payment
If there are special reasons against it.
A decision to impose a penalty may be appealed to the General
Administrative Court. Leave to appeal is required at
appeal to the administrative law.
A decision to impose a penalty may be executed when the decision has
become final.
Supervisory actions
44 § the Swedish Enforcement Administration may
1. request that the disqualification leaves the task of
income, employment and other circumstances
of importance to clarify how he or she supplies
itself,
2. seek out those who have business in his or her
place of residence or where he or she otherwise resides, and
3. take the other investigative and surveillance measures
justified in order to clarify how the program has disqualification
earn a living.
section 45 If it is relevant to the enforcement service
supervisory activity, is liable to third parties for
the imposition of enforcement Administration provide information about their
financial dealings with a person who has
disqualification.
If a credit institution is submitted to provide information,
the injunction does not relate to data which, at the time of
the injunction is older than one year.
Enforcement authority may attach to an injunction under
the first paragraph with a penalty. If the injunction is addressed
to such related parties referred to in chapter 36. paragraph 3 of the first
subparagraph, the code of judicial procedure, the order may not be combined with
liquidated damages.
46 § enforcement authority has the right to have the assistance of
The police authority for supervision under section 41.
Law (2014:853).
Violation of the ban, etc.
Penalty
47 § the contravenes a disqualification or a
temporary ban or violating a condition that
has been granted on the basis of paragraph 35 is convicted of
violation of disqualification to imprisonment not exceeding two years
or, if the crime is petty, to a fine or imprisonment of up to
six months.
Extension of disqualification
48 § Sentenced a person for violation of disqualification, shall
Enterprise ban at the same time be extended, unless there are
specific reasons to refrain from extending.
Extension shall not exceed five years. If there are multiple
Extensions, the total extension period not
exceed five years.
The question of the extension of the action by public prosecutors in connection
with prosecution for violation of the ban. The action must be brought
before prohibition period has expired.
Transitional provisions
2014:836
1. this law shall enter into force on 2 August 2014. By the law
repeals the law (1986:436) on disqualification.
2. Disqualification should not be based on the breaches that have occurred
before the entry into force and which could not be the basis for
disqualification under older rules.
3. the provisions of sections 28 and 29 for the waiver of
disqualification and in section 39 of the application for revocation of the
exemption from disqualification shall apply to such
disqualification given by virtue of law (1986:436)
If the disqualification.
4. A court decision on liquidation time according to section 18 of the Act
(1986:436) on disqualification applies even after the new
the law has come into force. When considering a question of
whether the settlement time shall be extended, however, sections 35 to 37 in
the new law is applied. Decision on the settlement of time may
revoked pursuant to §§ 38 and 39 of the new law.
5. the provisions of sections 42 and 43 on the obligation to report
himself for calls and if the penalty also applies to the given
disqualification or temporary ban before
the entry into force.
6. the provisions of paragraph 47 of breaches of conditions
granted in accordance with paragraph 36 also apply to violations of
Regulation has been issued under section 18 or 19 Act
(1986:436) on disqualification.
2016:230
1. this law shall enter into force on 1 september 2016.
2. in cases under section 7 that has been launched in Stockholm District Court prior to the entry into force shall be submitted to the Patent and the market Court.
3. Older provisions still apply to other cases that have commenced in the Court prior to the entry into force.
