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Regulation (1985:357) For Registration And Notification Of Decisions On Bans Against Legal Or Financial Assistance In Some Cases

Original Language Title: Förordning (1985:357) om registrering av och underrättelse om domar om förbud mot juridiskt eller ekonomiskt biträde i vissa fall

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Article 1 this regulation lays down provisions on the registration of

and notification of the ban on legal or economic

assistance pursuant to lagen (1985:354) prohibiting legally or

financial assistance in some cases. With processing registry prohibition

referred to in regulation the register provided for in paragraph 7 of the said law.



Processing prohibition register is kept by means of automated

treatment and used for



1. coordinated registration and information about the announced ban

to provide legal or financial assistance,



2. production of certificates and transcripts, and



3. the production of evidence if the announced ban and proof of

freedom from prohibition.



The Swedish companies registration office is personal responsible according to

personal data Act (1998:204) for the treatment of personal data

in the processing prohibition registry.



The Swedish companies registration office shall ensure that it does not arise from improper

intrusion into the privacy of the data subject or risks

from the point of view of safety. For these purposes, the work of individual

cases set up specific requirements for the processing of

personal data. Regulation (2004:352).



section 2 of the general courts, the prohibition to register processing

send information on judgments and decisions in which the Court has



1. the announced ban to leave legally or financially

Counsel,



2. amended or repealed Prohibition,



3. exceptions to the prohibition announced or withdrawal of such

the exception,



4. extended the time of prohibition, or



5. decreed that the processing ban suspended

shall apply.



When such a task as referred to in the first paragraph 3 shall

where appropriate given the nature of the assistance referred to in

the exception. Regulation (2001:393).



section 3 information on convictions which ban has been issued shall

be submitted to the processing prohibition table as soon as the judgment has

become final. In designated to this prohibition shall

apply although the judgment does not have the force of law, the task, however,

be submitted as soon as it was given. In such a case, the

the Court, then the time for appeal against the judgment has expired, submit

an indication of whether the judgment has been appealed.



Information on judgments and decisions referred to in section 2, first subparagraph 2

and 5 must be submitted to the registry as soon as the judgment or

the decision was announced. Regulation (2001:393).



4 § Announced a law banning to leave legal or

economic counsel, the Court shall send a copy of the judgment

to the Swedish Bar Association once the judgment has become final

force. The Court shall likewise notify the Auditor-

Board, on a chartered or certified accountant is announced

ban on legal or financial assistance. In the judgment

appointed to this prohibition shall apply notwithstanding the fact that the judgment has not been

the force, however, shall be assignment as soon as the judgment has

announced. In such a case the Court shall, after the time for

appeal against the judgment has expired, submit an indication of whether

the verdict has been appealed.



In the case of judgments and decisions on the revocation or amendment of a

ban and the decision referred to in section 2, first subparagraph 2 and 5 shall

the corresponding notifications are submitted as soon as the judgment or decision

has been notified. Regulation (2001:393).



paragraph 5 of the Judiciary announces, after consultation with the Swedish companies registration office nearly

regulations on how the courts shall carry out their

obligation under 2, 3 and 4 sections. Regulation (2004:352).



6 § Announcements according to § 7 (a) of the Act (1985:354) on the prohibition of the

legal or financial assistance in some cases shall be in a

newspaper companies Registration Office gives out. Agency Announces closer

regulations on such announcements. Regulation (2004:352).



7 § When the companies Registration Office has received a task

from a court to a prohibition to leave legal or

financial assistance has ceased to be valid, the task of

the ban was immediately removed from the processing prohibition registry.

Regulation (2004:352).



section 8 Advisor's prohibitory register shall contain information on the



1. full name, social security number, or if there is none

date of birth, and mailing address in respect of the person that has

a ban on legal or financial assistance,



2. the time the prohibition applies;



3. whether the prohibition has been changed or extended,



4. exceptions to the prohibition, and



5. the Court which delivered the judgment or decision

ban and the case number.



Where appropriate, indicate whether the prohibition applies even though

It does not have the force of law. Regulation (2001:393).



§ 9 the companies registration office will notify you how extract

shall be left out of the processing prohibition registry. Regulation (2004:352).



section 10 If anyone in the service takes the position with an extract from

processing registry prohibition finds reason to believe that its

content is incorrect, he or she shall immediately notify the

to Bolagsverket. Regulation (2004:352).



section 11 of the companies registration office shall supply the necessary

extract from the register of prohibition to the legal advisor's statistics

the Judiciary announces, after consultation of the

The companies registration office. Regulation (2004:352).



section 12 Supported banning the registry should give publicity to the

information included in the register.



In the case of personal data, the processing prohibition registry have

for the purpose of providing information for



1. the activities of the State responsible for according to law

Constitution and



(a)) relating to such trade or business for which the insertion is done in

the register,



(b)) relating to the performance of the obligation, or



(c)) as to be performed requires access to

information contained in the register,



2. General or individual activity where the information

included in the processing prohibition table forms the basis for trials

or decisions.



Social security numbers and other identity numbers in the registry may

be processed for the purposes referred to in the first subparagraph.

Regulation (2001:812).



section 13 of the companies registration office, for the purposes

specified in section 12, and to the extent it is compatible with

the provision in section 33 the personal data Act (1998:204), grant

direct access to the processing prohibition registry.



Other than the authority, however, must not be allowed direct access to the

personal data relating to offences involving crime, judgments

in criminal cases, pre-trial or administrative

detention, unless the exemption from the prohibition to process

such information has been given under section 21

personal data Act (1998:204). Regulation (2004:352).



section 14 of the provisions of the personal data Act (1998:204) about

rectification and Indemnity apply to the processing of

personal data under this regulation.

Regulation (2001:812).



section 15 To decision on rectification and refusal of

information pursuant to section 26 of the personal data Act (1998:204),

be appealed to the Administrative Court follows from section 22

administrative law (1986:223). Regulation (2001:812).



Transitional provisions



2004:352



1. This Regulation shall enter into force on 1 July 2004.



2. Registration dossiers which have been submitted to the Patent and

Registration Office but in which the Agency has not taken a decision

before the entry into force shall be sent to the companies Registration Office for

continued processing.