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Europe | EU Directive on Interconnection of Business Registers (Ricco Dun)
 

Europe | EU Directive on Interconnection of Business Registers (Ricco Dun)

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    Europe | EU Directive on Interconnection of Business Registers (Ricco Dun) Europe | EU Directive on Interconnection of Business Registers (Ricco Dun) Presentation Transcript

    • EU DirectiveInterconnection of Business RegistersCorporate Registers ForumAuckland, 14 March 2013Ricco Dun, Netherlands
    • European Union 27 Member States
    • The Dutch business registerChamber of Commerce runs the business registerAutonomous public bodyNo government agencyTask delegated by law to CCI  Chambers of Commerce Act  Trade Register ActAll economic relevant entities have to register  Companies, partnerships, sole traders, branches in NL of foreign companies  Associations, foundations  Professionals, government bodies, churches  2.3 million registered organisationsFunding  Yearly fee for registration abolished per 2013  Now government funding for registration  Sales of information
    • Business Registers in EuropeBusiness Register is everywhere  EU 1st Directive Company LawContent basically the sameRegistration authorities quite diverse, almost never CCI  UK en EI agency Ministry  FR en DE courts  NO one central register center  NL en IT CCIMain differences  registration companies versus sole traders  registration associations and foundations  filing annual accounts  funding  dissemination of data
    • Green PaperGrowing cooperation between Business Registers in Europe  European Business Register (EBR) 1992  European Commerce Registers’ Forum (ECRF) 1998  BRITE-project 2006 – 2009Contacts with European Commission, DG Internal MarketSundsvall Conference Nov 2009Publication EU Green Paper Nov 2009  Transparency across financial markets  Better international access to official data on businesses needed  2 main topics • Access to information – the network of business registers • Cooperation of business registers in cross-border procedures • Cross-border mergers • Branches abroad  Consultation period
    • EU Directive 2012/17/EUInterconnection of Business RegistersDirective (June 2012)Changes existing Directives  1st Company Law Directive (2009/101/EC)  10th Directive on Cross Border Mergers (2005/56/EC)  11th Directive on Branch Disclosures (89/666/EC)General provisions  Obligation for Business Registers to cooperate  In an electronic multilingual network  Unique international number (REID)Delegated acts to assign power to the Commission to define procedures and technical standards
    • Changes in Directives1st Company Law Directive  Unique identifier: REID  All information electronically available through a single European electronic platform  Explanations of national law for the information (third parties can rely on)  Notification to the register of its branch about changesDirective Cross-Border mergers  Notification by the register of the new company to the old register(s) on a mergerBranch Disclosures Directive  Unique identifier for branches  Notification to the register of the company about changes
    • REID StructureCompany Register in CRO, Dublin Check Digits IE CROCR .358843 -60 ISO Country Code Current Number on the Register
    • Participants user e-Justice platform BR 1 BR 2
    • Retrieval of BR Data via e-Justice user Request Response e-Justice platform BR 1 BR 2
    • Paid access to BR data via e-Justice: Option 1 user Payment Invoice e-Justice platform BR 1 BR 2
    • Paid access to BR data via e-Justice: Option 2 user Invoice Request Response e-Justice Payment BR Appointed Payment Processor platform Verify BR 1 BR 2
    • Accessing BR data from abroad via own BR user e-Justice Request Invoice and payment the same route platform Response BR 1 BR 2
    • Accessing BR data via Distributor user3rd party distributor e-Justice Request Invoice and payment the same route platform Response BR 1 BR 2
    • Inter-registry; Cross Border Merger user e-Justice platform Merger Notification BR 1 BR 2 Company Company 1 2
    • Inter-registry; Dissolution of Company / Branch user e-Justice platform Change of Status BR 1 BR 2 Branch Company
    • InformationAll information on the EU websiteec.europa.eu/internal_market/company/business_registers
    • Thank you! Questions?ricco.dun@kvk.nlwww.kvk.nl/englishwww.ebr.org