On May 22, DEN CRG consulted on draft registration executive order.
DEN CRG has published a draft executive order on notification, registration, fees and publication etc. for consultation, incorporating changes to previous orders from 2023.
Follows DEN GVT Sep. 2022 issued notification, registration, fees order, see #147404.
Draft Overview
The executive order constitutes a new main executive order which incorporates the latest changes added by the order amending the order on notification, registration, fees and publication etc by DEN CRG within BEK 385, BEK 1286 and BEK 1530 of 2023.
It is proposed new provisions be inserted in §§ 37 and 51 of executive order regarding information and documents to be specified and attached to notification of conversion of limited liability companies to companies with limited liability and the other way around.
Provisions are proposed based on conversion possibilities in a law on the amendment of Act on certain commercial enterprises, Companies Act, the Financial Business Act.
Follows, DEN PRL Apr. 2024 bill on conversion of business type, see #212303.
It is also proposed in § 22, to determine the information from revocation register about a named person can be passed on responding to a request from another EU authority.
It is proposed in section 2, subsection of the order, documents attached in connection with notification of the foundations or changes to registered information can only be reported via the self-service solution in machine-readable and searchable file formats.
It is assessed that the implementation does not conflict with the five principles for the implementation of business-oriented EU regulation, as previously confirmed in EU law.
It is proposed in section 29, subsection of executive order and § 33, subsection 1, to change reference from § 17 to § 16 of the executive order, to clarify requirements for what information must be provided on firms arising as part of mergers or demergers.
It is also proposed in section 21, subsection 2, § 43, subsection 4, § 70, subsection 4, and § 78, subsection 4, in event of a replacement of branch manager, the notification includes a revocation of previous manager's power of attorney, and a new one added.
DEN CRG's Area for Better Regulation assesses the proposed executive order entails extremely limited administrative consequences in the form of any costs for business.
Consultation Process
DEN CRG has already issued details of the consultation to various government and other bodies, as part of the consultation process, with a letter dated May 22, 2024.
These include DEN Courts, DEN DBA, DEN Tax, DEN CB, DEN CMP, as well as DEN DIG.
Other interested parties are also now invited to comment on proposals and wording.
A copy of the draft executive order has also been provided as part of documentation.
Effectiveness
The new executive order is currently proposed to enter into force from Jul. 1, 2024.
DEN CRG welcomes comments on draft executive order by no later than Jun. 19, 2024.
Jun. 2024 Order Published
On Jun. 29, 2024, DEN GVT published order BEK 865 of Jun. 23, 2024 on notification, registration, fee and publication etc. in DEN CRG; entry into force on Jul. 1, 2024.
Previous order BEK 1244 of Aug. 29, 2022 on the same subject is repealed.
Nov. 2024 Amendment Order
On Nov. 28, 2024, DEN CRG issued order BEK 1241 of Nov. 15, 2024 in official gazette.
Amends BEK 865 on notification, registration, fees and publication etc. in DEN CRG.
Including in section 1, subsection 1, no. 2, letter d: 301 and 302 of the Financial Business Act is changed to: 255 and 256 of the Insurance Business Act.
Executive order BEK 1241 enters into force on Jan. 1, 2025.
Regulators
DEN CRG; DEN GVT
Entity Types
Corp
Reference
OG 11/28/2024; BEK 1241, 11/15/2024; OG 6/29/2024; BEK 865, 6/23/2024; Rpl BEK 1244, 8/29/2022; CP 2024-2735, Lt, PR 5/22/2024; BEK 385, 4/5/2023; BEK 1286, 11/9/2023; BEK 1530, 12/7/2023; Dir 2019/1151
