12 Amendments of Emil RADEV related to 2018/0113(COD)
Amendment 93 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to cut costs and reduce administrative burden for companies, Member States should apply the ‘once- only’ principle in the area of company law. Applying the once-only principle entails that companies are not asked to submit the same information to public authorities more than once. For example, companies should not have to submit the same information both to the national register and to the national gazette. Instead, the register should provide the information already submitted directly to the national gazette. Similarly, where a company is incorporated in one Member State and wants to register a branch in another Member State, it should be possible for the company to make use of the information or documents previously submitted to a register. Furthermore, where a company is incorporated in one Member State but has a branch in another Member State it should be possible for the company to submit certain changes to their company information only to the register where the company is registered, without the need to submit the same information to the register where the branch is registered. Instead, information such as change of company name or change of registered office of the company should be exchangtransferred electronically, automatically and immediately, between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers.
Amendment 102 #
Proposal for a directive
Recital 24
Recital 24
(24) When registering a branch of a company registered in another Member State, Member States should also be able to verify certain information about the company through the interconnection of registers when a branch is registered in that Member State. Furthermore, where a branch is closed in one Member State, the register of that Member State should inform the Member State where the company is registered of this automatically and immediately through the system of interconnection of registers and both registers should record this information.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13a – paragraph 3
Article 13a – paragraph 3
(3) “online registration” means the formation of a companydigitalised process of formation of a company and its entry in a business register as a legal entity;
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13a – paragraph 4
Article 13a – paragraph 4
(4) “instrument of constitution template” means a model for the instrument of constitution of a companywhereby a company is constituted, which is drawn up by Member States in compliance with national law and is used for the online registration of a company;
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 3
Article 13b – paragraph 3
3. Where a Member State recognises identification means referred to in paragraph 2 for the purpose of completing online registration and online filing, that Member State shall also recognise the same type of identification means issued by another Member State. For the purposes of this paragraph, Member States shall publish a list of the means of electronic identification which they recognise.
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13c – paragraph 2
Article 13c – paragraph 2
2. Any fees charged by the registers, referred to in Article 16, for the online registration of, or the online filing by, a company or a branch shall not exceed the administrative costs of providing the service.(Does not affect the English version)
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Where the completion of a procedure laid down in this Chapter requires a payment, Member States shall ensure that the payment can be made by means of a cross- border payment service widely available in cross- border payment servicesthat permits identification of the payer.
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 1 – point b
Article 13e – paragraph 1 – point b
(c) requirements relating to the authentication of documents and information to be submitted as part of the online registration procedure;(Does not affect the English version)
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 1 – point d
Article 13e – paragraph 1 – point d
(d) rules relating to the means of identification required as part of the online registration and filing.(Does not affect the English version)
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 1
Article 13g – paragraph 1
1. Member States shall make instrument of constitution templates available on registration portals or websites that are part of the Single Digital Gateway for the types of companies listed in Annex IIA. Member States may also make instrument of constitution templates available online for the registration of those types of companies listed in Annex II other than those listed in Annex IIA.
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 2 a (new)
Article 13g – paragraph 2 a (new)
2a. Member States may also make available on registration portals or websites that are part of the Single Digital Gateway other types of document templates required for the online registration of companies.
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2017/1132
Article 16a – paragraph 2
Article 16a – paragraph 2
All documents and information referred to in Article 14, irrespective of the means through which they are filed, shall be kept in the file in the register or entered directly into it in electronic form. Member States shall ensure that all such documents and information which are filed by paper means are converted by the register to electronic form as quickly as possible.