Activities of Jiří MAŠTÁLKA related to 2018/0113(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law PDF (756 KB) DOC (107 KB)
Amendments (46)
Amendment 25 #
Proposal for a directive
Recital 2
Recital 2
(2) The use of digital tools and processes to more easily, rapidly and cost- effectively initiate economic activity by setting up a company or by opening a branch of that company in another Member State and to provide comprehensive and costless information on companies is one of the prerequisites for the effective functioning of a competitive Single Market and for ensuring the competitiveness and trustworthiness of companies.
Amendment 38 #
Proposal for a directive
Recital 5
Recital 5
(5) In order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process, in particular by micro, small and medium- sized enterprises (‘SMEs’) as defined in Commission Recommendation 2003/361/EC32 , procedures should be put in place to enable registration to be completed fully online. Such costs and burdens derive not only from administrative fees charged for setting up a company, but also from other requirements which make the overall process longer to complete, in particular when the physical presence of the applicant or their representative is requireddigitally-supported registration with which the need for the physical presence of the applicant or their representative at the registration authority can be reduced given the availability of procedures that can verify with the highest level of assurance the identify of key persons in the company and documents. In addition, information on these procedures should be made available online and free of charge. _________________ 32 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 41 #
Proposal for a directive
Recital 7
Recital 7
(7) Enabling the fully onlinDigitally supporting the registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of Member States. In order to enhance trust, Member States should ensure that secure electronic identification and the use of trust services is possible for national as well as cross- border users in accordance with the highest assurance level defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council34 . Furthermore, in order to enable cross- border electronic identification, Member States should set up electronic identification schemes which provide for authorised electronic identification means in conjunction with means necessary to verify the identity of key persons in the company and validity of documents, such as videoconferencing and validation procedures for original documents. A procedure should also be defined by the Commission for certifying the achievement of these schemes of the highest assurance level. Such national schemes would be used as a basis for the recognition of electronic identification means issued in another Member State. In order to ensure the high level of trust in cross-border situations, only electronic identification means which comply with Article 6 of Regulation (EU) No 910/2014 should be recognised. However, Member States may also recognise other identification means such as a scanned copy of a passportand which achieve the highest assurance level as defined by Article 8 should be recognised. In any event, this Directive should only oblige Member States to enable online registration of companies and their branches and online filing by Union citizens through the recognition of their electronic identification means. if certified schemes are available which achieve the highest assurance level for the identity of key persons in the company and validity of documents. _________________ 34 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 48 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to facilitate online procedures for companies, Member States’ registers should not charge for online registration or online submission of information over and above the actual administrative costs of providing the service. Furthermore, Member States should assist those seeking to establish a company or a branch by providing up-to- date, clear, concise and user-friendly information concerning the procedures and requirements to establish and operate limited liability companies and their branches. Concerning private limited liability companies, more detailed information should be made available to applicants and directors because Member States should also ensure the possibility of fully online registration for such companies.
Amendment 54 #
Proposal for a directive
Recital 9
Recital 9
(9) As a first step in a company’s lifecycle, it should be possible to use digital tools to support the establishment and registeration of companies fully online. However, Member States should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect Member States’ existing traditions of company law. Furthermore, the Commission and Member States should be able to exempt specific sectors in which a higher than average risk of establishment of companies for fraudulent purposes. Finally, only natural persons and not legal persons should be allowed to use these procedures, given the difficulties in tracing the real locus of ownership and control in groups structures. In any event, Member States should lay down detailed rules of digitally enhanced registration. It should be possible to carry out onlinedigitally enhanced registration with the submission of documents in electronic form given the availability of procedures guaranteeing the highest assurance level of the identity of key persons in the company and validity of documents.
Amendment 62 #
Proposal for a directive
Recital 10
Recital 10
(10) In order to ensure the timely registration of a company, Member States should not make the online registration of a company or a branch conditional on obtaining any licence or authorisation before the registration of company or branch may be completed unless where it is indispensable for the proper control of certain activities. However, Member States should be able to impose requirements on the qualifications and suitability of key persons in the company. After registration, national law should govern the situations where companies may not carry out certain activities without obtaining a licence or authorisation.
Amendment 71 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to respect Member States’ existing traditions of company law, it is important to allow flexibility as regards the manner in which they ensure a fully onlineallow a digitally- supported system of registration of companies and branches, including in relation to the role of notaries or lawyers in such a process. Matters concerning online registration of companies and branches which are not regulated in this Directive should be governed by national law.
Amendment 80 #
(13) Furthermore, in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers, provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch. However, the means and methods to achieve these controls should be left to Member States to develop and adopt. Those rules could include, amongst others, verification by means of video-conference or other online means that provide a real- time audio-visual connection. To that effect Member States should be able to require the involvement of notaries or lawyers as ahe Commission should certify that these rules guarantee the highest assurance level for the identity of all persons taking part ofin the online registration process, however, such involvement should not administration, supervision or control of the company, all beneficial owners and all persons authorised to reprevsent the completion of the registration procedure in its entirety onlineany in dealings with third parties and in legal proceedings.
Amendment 81 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States should be allowed to take measures, in accordance with national law, in cases of genuine suspicion of fraud, which could require, not systematically but on a case-by-case basis, a physical presence of the applicant or their representative before any authority of a Member State where the company or branch is to be registered. Such genuine suspicion of fraud should be based on reasonable grounds, such as, on the basis of information available from the registers of beneficial owners, from criminal records or from indications of identity fraud or tax evasion. Furthermore, the Commission and Member States should be able to require physical presence in sectors in which there is a higher risk of company establishments for fraudulent purposes.
Amendment 86 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure the protection of all persons interacting with companies, Member States should be able to prevent fraudulent behaviour by refusing the appointment of a person as a director of a company or a branch in their own territory, who is currently disqualified from acting as a director in another Member State. Such requests fA list of all disqualified directors information, in relation to previous directorships, should be possible by means of the system of int all Member States should be maintained through the interconnected system or registers and available to the public free of charge. It should be possible to search for specific percsonnection of registers and therefores in this disqualified directors list. Member States should make the necessary arrangements to ensure that the national registers are able to provide such information. The rules for the disqualification of directors and the confidentiality of the transmission should be governed by national law. To ensure compliance with applicable rules on protection of personal data, national registers should process any such data relating to disqualification of director in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council35 . _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 89 #
Proposal for a directive
Recital 17
Recital 17
(17) Similarly with regard to the online registration of companies, in order to reduce the costs and burdens on companies, it should also be possible throughout the companies’ lifecycle to submit documents and information fully online to national registersthrough digitally supported procedures to national registers, given the presence of schemes which guarantee the highest level of assurance for the validity of these documents and information. At the same time, Member States should have the possibility to allow companies to file documents and information by other means, including by paper. In addition, the disclosure of company information should be effected once the information is made publicly available in those registers, since they are now interconnected and provide a comprehensive point of reference for users. In order to avoid disruption to the existing means of disclosure, Member States should have the choice also to publish either all or some of the company information in a national gazette, whilst at the same time ensuring that the information is sent electronically by the register to that national gazette.
Amendment 92 #
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 exchanged electronically between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers. However, it should be possible for Member States to waive this requirement in the absence of information schemes certified by the Commission as achieving the highest assurance level.
Amendment 96 #
Proposal for a directive
Recital 21
Recital 21
(21) In the interest of transparency and to promote trust in business transactions, including those with a cross-border nature within the Single Market, it is important that investors, stakeholders, business partners and authorities can easily access company information. To improve the accessibility of that information, moreall information in the registry should be available free of charge in all Member States. Such information should include the website of theIt should also include information concerning the persons authorised to represent companyies, wthere applicable number of employees and, the legal status of the company and its branches in another Member States, where available in national registers. It should also include information concerndetails of agreements on worker information, consultation and participation arrangements made under Union law. It should be possible to perform searches ing the persons authorised to represent companies and the number of employees where this information is availablese registries based on the names of companies and persons as well as sectors and locality.
Amendment 101 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to help companies established in the Single Market to more easily expand their business activities cross-border, it should be possible for them to use digitally-supported procedures to open and register branches in another Member State online. Therefore Member States should enable, in a similar manner to companies, the onlinedigitally-supported registration of branches and the online filing of documents and information.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 1 – point a
Article 13b – paragraph 1 – point a
(a) an electronic identification means issued under an electronic identification scheme approved by their own Member State, conditional upon its certification by the Commission as fulfilling the highest assurance level defined in Article 8 of Regulation (EU) No 910/2014; furthermore, the Commission shall certify that this electronic identification scheme, in conjunction with a video conference procedure, can identify with the highest assurance level all persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings;
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 1 – point b
Article 13b – paragraph 1 – point b
(b) an electronic identification means issued in another Member State and recognised for the purpose of cross-border authentication in accordance with Article 6 of Regulation (EU) No 910/2014. conditional upon its certification by the Commission as fulfilling the highest assurance level defined in Article 8 of Regulation (EU) No. 910/2014; Furthermore, the Commission shall certify that this electronic identification scheme, in conjunction with a video conference procedure, can identify with the highest assurance level all persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings;
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 2
Article 13b – paragraph 2
2. Member States may also recognise other identification means than those referred to in paragraph 1. provided that the Member State concerned demonstrates that these identification means provide the highest assurance level in verifying the identity of all persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings.
Amendment 121 #
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. Member States however are not required to recognise these identification means if it has not been demonstrated that these means do not achieve the highest assurance level.
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 4
Article 13b – paragraph 4
4. Without prejudice to paragraphs 1 to 3, Member States mayshall take measures which could require a physical presence for the purposes of verifying the identity of persons before any authority competent to deal with online registration or online filing, in cases of genuine suspicion of fraud based on reasonable grounds, or in the absence of online procedures which have been certified to achieve the highest assurance level. The Commission and Member States may also prohibit online registration in specific sectors in which fraudulent activity is particularly prevalent or which are deemed to have a high risk of fraud.
Amendment 133 #
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. These fees should be sufficient to cover the cost of making company documents in the registry available to the public free of charge.
Amendment 144 #
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. and information on identification procedures which have been certified by the Commission as fulfilling the highest assurance level
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 2 – point c
Article 13e – paragraph 2 – point c
(c) the means of identification, as referred to in Article 13b, required by the Member State and information on identification schemes certified by the Commission as achieving the highest assurance level;
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 1
Article 13f – paragraph 1
1. Member States shall ensure that thmay allow the online registration of companies may be carried out fully online without the necessity for the applicants, or their representatives, to appear in person before anythe competent authority or before any other person or body dealing with the application for registration, subject to the proviso laid down in Article 13b(4). However,registration authority only under the condition that the Commission has certified the electronic identification scheme used in conjunction with a video conference procedure as achieving the highest assurance level for identifying all persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings. Online registration procedures should only be authorised for natural persons and not for legal persons. Member States may decide not to provide fully online registration procedures for those types of companies listed in Annex I, and for other company legal forms and sectors deemed to represent a strong risk for fraudulent activity.
Amendment 162 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 2
Article 13f – paragraph 2
2. Member States shall lay down detailed rules for the online registration of companies, including rules on the use of templates, as referred to in Article 13g and the documents and information required for registering a company. As part of these rules Member States shall ensure that the online registration may be carried out by submitting information or documents in the electronic form, including electronic copies of the documents and information referred to in Article 16a(4)procedures for submitting information or documents ensure the authenticity of this information or documents.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
(b) the means to verify the identity of the person or persons registering the company or their representatives;and their representatives and all persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 5
Article 13f – paragraph 5
5. Member States shall not make the online registration of a company conditional on obtaining any licence or authorisation before the company is registered, unless where it is indispensable for the proper control of certain activities laid down in national lawrequire the verification of the identify of all persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with third parties and in legal proceedings.
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 7
Article 13f – paragraph 7
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13g – title
Article 13g – title
Amendment 190 #
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
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 2
Article 13g – paragraph 2
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 3
Article 13g – paragraph 3
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 4
Article 13g – paragraph 4
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13h – paragraph 1
Article 13h – paragraph 1
1. Where Member States lay down rules relating to theshall maintain an up to date list of all disqualification ofed directors, referred to in point (d) of Article 13f(4), the register where the company is to be registered may, through the system of interconnection of registers referred to in Article 22, request confirmation from the registers of other Member States as to whether or not the person who is to be appointed as director of the company is currently disqualified from acting as director in those other and provide public access to this list free of charge through the system of interconnection of registers referred to in Article 22. The system of interconnection shall allow searches of specific persons to disclose whether or not they are included on the list of disqualified directors from any Member States. For the purpose of this Article, directors shall include all of the persons referred to in Article 14(d).
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 1 – subparagraph 1
Article 13i – paragraph 1 – subparagraph 1
1. Member States shall ensure that companies are able to file onlineallow the online filing of the documents and information, as referred to in Article 14, including any modification thereof, with the register within the time limit provided by the laws of the Member State where the company is to be registereonly if the Commission has certified the electronic identification scheme and information provision system as fulfilling the highest assurance standard. Member States shall ensure that such filing may be completed online in its entiretyand without the necessity for the applicant, or his representative to appear in person before any competent authority or before any other person or bodythe body or authority dealing with the online filing only in conjunction with a procedure certified by the Commission as meeting the highest assurance level for verifying the authenticity of documents and identify of any and all new persons taking part in the administration, supervision or control of the company, all beneficial owners and all persons authorised to represent the company in dealings with the online filird parties and in legal proceeding,s subject to the provisoion laid down in Article 13b(4). Member States shall ensure that the origin and integrity of the documents filed online may be verified electronically.
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 2
Article 13i – paragraph 2
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2017/1132
Article 16a – paragraph 2
Article 16a – paragraph 2
2. Copies of all or any part of the documents and information referred to in Article 14 may be obtained by electronic means free of charge. The price of obtaining a copy of all or any part of the documents and information referred to in Article 14, whether by paper or electronic means, shall not exceed the administrative cost thereof.
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive (EU) 2017/1132
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Electronic copies of the documents and information referred to in Article 14 shall also be made publicly available through the system of interconnection of registers. Member States mayshall also make available documents and information referred to in Article 14 for types of companies other than those listed in Annex II.”;
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 19 – paragraph 1
Article 19 – paragraph 1
1. TheNo fees shall be charged for obtaining documents and information referred to in Article 14 electronically through the system of interconnection of registers shall not exceed the administrative costs thereof.
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 19 – paragraph 2 – point g
Article 19 – paragraph 2 – point g
(g) the number of employees of the company, where this is available in the company’s financial statements as requirand details on any arrangements for worker information, consultation or participation concluded based on procedures defined by Unational law;
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 19 – paragraph 2 – point i
Article 19 – paragraph 2 – point i
(i) information on any branches opened by the company in another Member State including the name, registration number, EUID and the Member State where the branch is registered. Member States shall make further information and documents available free of charge when extracted by electronic means. Furthermore, Member States shall ensure that searches may be performed in registries free of charge on specific persons, companies, sectors or places of registration.
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive (EU) 2017/1132
Article 22 – paragraph 4
Article 22 – paragraph 4
The Commission may alsoshall establish optional access points to the system of interconnection of registers. Such access points will consist of systems developed and operated by the Commission or other Union institutions, bodies, offices or agencies in order to perform their administrative functions or to comply with provisions of Union law. The Commission shall notify the Member States without undue delay of the establishment of such access points and of any significant changes to their operation.
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Directive (EU) 2017/1132
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Access to information from the system of interconnection of registers shall be ensured through the portal and through the optional access points established by the Member States and by the Commission.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 1
Article 28a – paragraph 1
1. Member States shall ensure that thallow the online registration in a Member State of a branch of a company, which is governed by the law of another Member State, may be carried out fully online without the necessity for the applicant, or its representative, to appear in person before anythe competent authority or before any other person dealing with the application for registration,dealing with the application for registration only in conjunction with a procedure certified by the Commission as meeting the highest assurance level for verifying the authenticity of documents and identity of the applicant subject to the proviso laid down in Article 13b(4).
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 1
Article 28a – paragraph 1
2. Member States shall lay down detailed rules for the online registration of branches, including rules on the documents and information required to be submitted to a competent authority. As part of those rules Member States shall ensure that online registration may be carried out by submitting information or documents in electronic form, including electronic copiesthe procedures used for registration ensure the authenticity of these documents and information referred to in Article 16a(4), or by making use of the information or documents previously submitted to a registerthe identity of the applicant.
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 5
Article 28a – paragraph 5
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28b
Article 28b
Member States shall ensure thatallow the online filing of the documents and information, referred to in Article 30 or any modification thereof, may be only if the Commission has certifiled online within the perthat the electronic identification scheme and informatiodn provided by the laws of the Member State where the branch is establishesion system as fulfilling the highest assurance standard. Member States shall ensure that such filing may be completed online in its entiretyand without the necessity for the applicant or its representative to appear in person before anythe body or competent authority or before any other person dealing with the online filing only in conjunction with a procedure certified by the Commission as meeting the highest assurance level for verifying the authenticity of documents and identify, subject to the proviso laid down in Article 13b(4).