Law (2014:836) On Disqualification

Original Language Title: Lag (2014:836) om näringsförbud

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:836

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.