The law's content



section 1 of this Act contains provisions aimed at providing

The European Commission, the transparency of financial relations

between the public and public undertakings as well as on financial transparency within certain undertakings

economic activities. Law (2010:641).



Definitions



section 2 of this Act means:



1. "public undertaking" is an undertaking the General directly

or indirectly, a dominant influence over due

ownership of it, their financial participation therein, or the rules applicable to

the company. Subject to circumstances, a

a dominant influence shall be deemed to exist if the public directly

or indirect, representing more than half of the voting rights, or

the capital of the company or has the right to appoint more than half of

the people in the administrative or Executive

management or its Board.



2. public undertakings in the manufacturing industry: a

public companies with a net turnover of at least

half relate to the activities listed in section D:

Manufacture, in the annex to Council Regulation (EEC) No 3037/90

of 9 October 1990 on the statistical classification of economic activities in the

The European Community (Nace Rev. 1).



3. Exclusive rights: rights that the public through

any legislative, regulatory or administrative

instrument grants a company and giving the company the sole right

to conduct certain activities within a geographic area.



4. Special rights: rights that the public through

any legislative, regulatory or administrative

instrument grants a limited number of undertakings within the

a geographical area



a) limits the number of enterprises which have the right to pursue certain

activities in two or more,



b) grants several rival companies permission to conduct

certain activities, or



(c)) provides one or more companies constitutional benefits that

significantly affect other business opportunities to engage

the same business on substantially equivalent conditions.



As special rights referred to in the first subparagraph 4 is not considered

such rights granted according to objective,

proportionate and non-discriminatory criteria.



Transparency of financial relations



section 3 of the public companies must disclose their financial

relations with the public so that it is clear which

public funds received, directly or indirectly, through

other public undertakings or financial institutions, and how

funds have been used (transparency).



The open account shall explicitly specify the financial

links relating to capital duty, loss allowance,

grace or otherwise preferential loans, promotion

through waiver of profit, the claim or the normal return on

public funds and remuneration for financial obligations

from the public.



Accountability under the first subparagraph shall not include

the public relations with



1. undertakings providing services not to an appreciable

scope can affect trade with other EEA-countries,



2. companies which are credit institutions, as regards deposits

on normal commercial terms, or



3. companies with a net turnover for each of the

in the last two financial years has been less than EUR 40 million

or, if the undertaking is a credit institution, a balance-sheet total

as in each of the last two räkenskapsårens output

has been less than 800 million euros.



The separate presentation of different activities



4 section a special economic accounting (separate accounting),

for each fiscal year shall be established for a company that has



1. granted exclusive or special rights, or



2. are entrusted with the operation of services of general economic

interest in accordance with article 106(2) of the Treaty on the functioning of, and receiving

compensation in any form for this, provided that

the company also engaged in other economic activities.



Accountability under the first subparagraph shall not apply to



a) firms that provide services not to an appreciable

scope can affect trade with other EEA-countries,



b) companies with a net turnover for each of the two

recent financial years has been less than EUR 40 million or,

If the undertaking is a credit institution, a balance-sheet total as at

each of the last two räkenskapsårens of the period,

less than 800 million euros,



c) undertakings referred to in the first subparagraph 2 as a compensation for a

reasonable period of time through an open, transparent and non-

discriminatory procedure, or



d) activities covered by specific provisions on

the separate presentation of the corresponding kind with the EU legal basis.

Law (2010:641).



§ 5 in the separate financial statements shall



1. the Organization and financing of various activities

be described,



2. income and expenses in the company's activities in accordance with paragraph 4 of

first subparagraph 1 and 2 are reported separately from income and

costs of other activities, which should be done in a proper

and consistent manner according to justified

accounting principles, and



3. principles and methods of calculation and distribution

of revenues and costs for various activities indicated in a

clear and complete way.



Events of an economic nature shall be accounted for by the different

activities should be accounted for separately in accordance with the first subparagraph

2.



Archiving etc.



paragraph 6 transparency and separate accounting under 3

and 4 sections relating to activities conducted within a municipality or

a County Council and which does not constitute accounting information according to

Act (1997:614) on municipal accounting shall be retained in

accordance with the provisions on the retention and archiving, accommodation in

Chapter 2. 10-13 of the law. The same applies to information of

significance to the financial statements.



Such reports and information as stated in the first paragraph

and relating to the activity of a natural or

legal entity which is covered by the accounting Act (1999:1078)

shall be retained in accordance with the rules for filing

accommodation in Chapter 7. the law even if the information does not constitute

accounting information in the accounting law.



In the Archives Act (1990:782) there are additional provisions for

archiving.



Review and report



section 7 of the company's auditor is an overview for each

fiscal year review of transparency and a separate

accounting for a company completed in accordance with

the provisions of this law and in the regulations issued

with the support of the law.



The auditor shall draw up a report on the review. Report

must be submitted to the general meeting and the Board of directors or equivalent

the governing and management bodies in the same way and within the same

time is provided for the audit report in accordance with applicable

statement of Constitution for the company. Team (2013:389).



Annual reporting for some public manufacturing company

and holding companies



8 § public undertakings in the manufacturing industry

for each fiscal year as sales exceed 250

million euros to submit certified copies of the following documents

the competition authority:



1. the annual accounts,



2. consolidated financial statements or equivalent consolidated

report that the company is subject,



3. audit reports relating to the financial statements referred to in 1 and 2,



4. notice of and minutes of general meeting or equivalent

meeting reports in accordance with 1 and 2 have been treated,

and



5. If it is not apparent from the annual report, a special

document with information on the



a) received capital injections, and all essential conditions for

additions,



b) loans and other credits granted by the General and

all essential conditions for credits,



c) warranties and other collateral of the General

as well as all material terms of the securities,



d) dividends and other appropriation of earnings, as well as



e) contributions received, exemptions from liabilities and all other

forms of public assistance.



Documents shall be submitted as soon as possible and at the latest within

six months after the company's fiscal year ended.



As provided for in the first and second paragraphs also applies to a

holding companies that have one or more public companies in the

manufacturing subsidiaries, if such

subsidiary total revenues exceed 250

million euros.



Normgivningsbemyndigande



§ 9 the Government or authority the Government determines

may provide for



1. the open report and the separate accounting

design and content in different companies, and



2. the audit of the open accounts and the separate

report under section 7.



The Government may also provide that information

from an open report and a separate accounting

report under section 7, second subparagraph, shall be submitted to one or

several authorities. Team (2013:389).



Supervision, etc.



section 10 of the supervision of the company's compliance with this Act and the

regulations issued under the Act are exercised by

The Swedish competition authority.



section 11 if needed to the OFC to submit

information to the European Commission or otherwise fulfil

their duties under this Act, the Agency may require



1. a company or anyone else to provide the data,

documents or other things,



2. an undertaking to comply with the provisions of sections 3 to 8, or in

regulations issued under the law.

Law (2010:641).



section 12 of an injunction under section 11 applies immediately, if any

other is not determined.



section 13 measures referred to in section 11 may not relate to the document




1. whose content can be assumed to be such that a lawyer or

his counsel may not be heard as a witness, and



2. held by him or by the favour of the

professional secrecy applies.



section 14 For an injunction under section 11, there is no

obligation to disclose trade secrets of a technical nature.



section 15/expires U: 2016-09-01/

An injunction under section 11 may be subject to a penalty. Action for

imposition of a penalty imposed pursuant to this Act are taken at

District Court by the competition authority. The Stockholm District Court is always

jurisdiction to hear such an action.



the entry into force of section 15/in: 2016-09-01/

An injunction under section 11 may be subject to a penalty. An action for imposing penalty payments submitted pursuant to this Act is kept at the Patent and market Court by the competition authority.

Law (2016:220).



16 §/expires U: 2016-09-01/

Decision of the competition authority if the imposition under section 11,

be appealed to the national court. In dealing with the

The market Court law (1996:242) if

Court cases. The determination of costs or expenses shall be

apply the provisions of chapter 31. the code of judicial procedure.



16 section/entry into force: 2016-09-01/

A decision by the Swedish competition authority if the imposition under section 11 may be appealed to the Patent and the market Court. In the case of costs incurred in such a case, chapter 31.

the code of judicial procedure to be applied. Law (2016:220).



Transitional provisions



2005:590



1. this law shall enter into force on 1 August 2005.



2. the provisions of paragraphs 3 to 8 shall apply for the first time by company

for the fiscal year that begins after July 31, 2005.



2013:389



1. this law shall enter into force on 1 July 2013.



2. the provisions of section 7 apply for the first time by company

for the financial years beginning after the entry into force.