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


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

  1. 1. EU DirectiveInterconnection of Business RegistersCorporate Registers ForumAuckland, 14 March 2013Ricco Dun, Netherlands
  2. 2. European Union 27 Member States
  3. 3. 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
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. 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
  8. 8. REID StructureCompany Register in CRO, Dublin Check Digits IE CROCR .358843 -60 ISO Country Code Current Number on the Register
  9. 9. Participants user e-Justice platform BR 1 BR 2
  10. 10. Retrieval of BR Data via e-Justice user Request Response e-Justice platform BR 1 BR 2
  11. 11. Paid access to BR data via e-Justice: Option 1 user Payment Invoice e-Justice platform BR 1 BR 2
  12. 12. 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
  13. 13. Accessing BR data from abroad via own BR user e-Justice Request Invoice and payment the same route platform Response BR 1 BR 2
  14. 14. Accessing BR data via Distributor user3rd party distributor e-Justice Request Invoice and payment the same route platform Response BR 1 BR 2
  15. 15. Inter-registry; Cross Border Merger user e-Justice platform Merger Notification BR 1 BR 2 Company Company 1 2
  16. 16. Inter-registry; Dissolution of Company / Branch user e-Justice platform Change of Status BR 1 BR 2 Branch Company
  17. 17. InformationAll information on the EU website
  18. 18. Thank you! Questions?