Docstoc

Presentación de PowerPoint - Informatica-Juridica.com

Document Sample
Presentación de PowerPoint - Informatica-Juridica.com Powered By Docstoc
					 AEQUITAS PROJECT



“SOCIETAS EUROPEAE”
  AEQUITAS PROJECT

  European Commission
  V framework program
          IST

      March, 2002
                         DEFINITION
• IST-2000-29569 contract
             Key Action II, line II.4.2
                   called Large-scale trust and confidence
• The objective of project is:
             to speed up the procedures and to increase the effectiveness of the quality
             service that the judicial operators, specifically Registrars and Attorneys,
             render to the society, through the use of secure and confidential Internet
             communications
• Budget
           521.039 euros, the EU contributes 472.000
• Duration
           20 months, initiation date: 1st of August of 2001
 Web adress
           http://www.euro-aequitas.org
                            THE TEAM
Users
            Greffiers de Tribunal de Commerce Associés (Greffiers de Paris,fr)
            Consejo General de los Procuradores de los Tribunales (es)
            Colegio de Registradores de la Propiedad y Mercantiles (es)
            Camara dos Solicitadores (pt)
            Law University of Lithuania (li)
          -The Project is opened to new users.
Development
          Tools Banking Solutions S.L. (es)

             University of Zaragoza (es)

Promotion

            Association for the Promotion of New Information Technologies and
            eCommerce (APTICE, es)
                COMMUNICATIONS FLOW
• The participants represent two important flows within the
communication between organizations in juridical sphere:
   the communication between courts and the parties which intervene
   in lawsuits
   the communication between the registries and the persons or
   agencies that need to know, proof or modify the contents of the
   registrations, between those who are also found in the courts
• As objectives in the construction of the system, the
following can be set forth:
   facilitate the exchange of documents with probative weight
   between different countries of the European Union, bringing forth
   information regarding the nature of the document and guaranteeing
   the capacity and identity of the issuer, as well as fulfilling formal
   requirements.
   achieve that communications with legal effects might be
   accomplished, when they might be legally advisable, by means of
   individualized and documented acts.
ELEMENTS OF THE SYSTEM
           • an association
              which assembles the
              organizations and acts as a
              trustworthy third party
           • a computer tool
              which allows the secure
              transmission of documents
           • a documents catalogue
              which facilitates their
              interpretation to jurists of
              different countries and allows
              the computer tool to control
              compliance with origin and
              formal requirements.
                    THE ASSOCIATION

•   The association assembles juridical operators
    interested in the use of telematic methods in order to
    exchange real documents.
•   Their objectives can be wide and they can set it up as a
    forum in order to exchange know how and to establish
    standards.
•   It is essential that each participant organization have a
    LDAP directory available, in keeping with the
    association's defined structure and on which this will
    be based in order to guarantee the identity and
    signatures of its members.
•   The Association can also facilitate the establishment of
    common protocols with external organizations which
    communicate with various of its members.
        THE COMPUTING TOOL

•   The purpose of the tool is to allow the exchange of
    electronic documents between members of the same
    organization and between different organizations and
    their members.
•   The documents could incorporate the following
    functions:
        - confidentiality during transmission
        - electronic signature
        - acknowledgement of receipt
        - time lock of signatures and of the communication acts
        - registry of the contents of the document by a
          trustworthy third party
                    THE CATALOGUE
• The objective of the catalogue is to increment the
  juridical security in the exchange of real documents,
  mainly between different countries.
       It will be formed by documents with a definite juridical
       nature
• The following information will be incorporated in the
  documents:
       - denomination, nature and legal effects
       - relevant norms and rulings concerning the document
       - format: it will stand defined in a signed form
       - capacity for its emission
       - concise guarantees for its transmission
       - confidentiality requirements
                          EXAMPLES


•   The project has the objetive to study the most important cases
    regulated on the estatute of European Company 2157/2001 of the
    European Council, which can generate communications flows between
    European Trade Regsters. The examples that have been chosen are
    the following:



•   1. TRANFER OF DOMICILE (A.8 )
•   2. TAKE-OVER MERGER (A. 17.2.A)
•   3. MERGER BY FORMATION(A. 17.2.B)
•   4. EC “HOLDING” (A. 32)
•   5. FORMATION OF A SUBSIDIARY EC (A.35)
•   6. CONVERSION INTO EC (A.37)
                   TRANSFER OF DOMICILE



REGULATION
 The transfer of SE domicile from one Country to another (EU) is regulated in A. 8. RSE
 This article studies the following phases:
         1. Project of translation made by the management of administration with the
 requirements contemplated in A.8.2 .
         2. Information report justifing the juridical and economical aspects
         3. Publicity through publication of the Project in the official bulletins of both countries
         4. The respect of the rights of creditors and minority shareholders through the terms
 regulated in A.8.6.
         5. General Shareholders Agreement with the majorities provided to change the
 Company statutes.
         6. Certification of the Origin Trade Register crediting the requirements regulated in
 RSE.
         7. Inscription thought the transfer of the seatments to the destiny Trade Register.
          TRANSFER OF DOMICILE


INFORMATION FLOWS
 1. PRINCIPAL SENDING-ACKNOWLEDGMENT OF RECEIPT
 2.CERTIFICATION     OF     AGREEMENT     OF  TRANSFER-
 ACKNOWLEDGEMENT OF RECEIPT
 3. CERTIFICATION A. 8.8 Y 8.15 RSE –ACKNOWLEDGMENT OF
 RECEIPT
 4. CERTIFICATION 8.11 RSE-ACKNOWLEDGEMENT OF RECEIPT
 5. INSCRIPTION IN THE DESTINY TRADE REGISTER
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
TRANSFER OF DOMICILE
                     TRANSFER OF DOMICILE

•   1.2.1.1 TYPE
•   1.2.1.2 NAME
•   1.2.1.3 NUMBER
•   1.2.1.4 FLOOR
•   1.2.2 POPULATION
•   1.2.3 COUNTY
•   1.2.4 POSTAL CODE
•   1.3.REGISTRAR(The categories to include here, the format and the order of the same ones
    will be different in function of what is introduced in country. The categories format and order
    that I consign here would be those that will be used SPAIN" it is introduced" inside"
    COUNTRY")
•   1.3.1 NAME
•   1.3.2 LAST NAME 1
                TRANSFER OF DOMICILE

•   1.3.3 LAST NAME 2
•   2.ADRESÉE((O RECEIVER): TRADE REGISTER OF DESTINATION
•   2.1.COUNTRY
•   2.2.DOMICILE (to see note to the section 1.2)
•   2.2.1 VIA
•   2.2.1.1 TYPE
•   2.2.1.2 NAME
•   2.2.1.3 NUMBER
•   2.2.1.4 FLOOR
•   2.2.2 POPULATION
•   2.2.3 COUNTY
•   2.2.4 POSTAL CODE
•   2.3.REGISTRAR(see note to the section 1.3)
•   2.3.1 NAME
•   2.3.2 LAST NAME 1
•   2.3.3 LAST NAME 2
                   TRANSFER OF DOMICILE

•   3.DATE OF REMISSION OF THE DOCUMENTS
•   3.1.DAY
•   3.2.MONTH
•   3.3.YEAR
•   4.INFORMATION OF THE DOCUMENT´S SUBJECT
•   4.1.REGISTER IN WHICH is ENTERED
•   4.2.REGISTRAL DATA
•   4.3 DATA OF THE FELLOW
•   4.3.1 COUNTRY (NATIONALITY)
•   4.3.2 JURIDICAL PERSON (to see note to the section 1.3)
•   4.3.2.1 NAME
•   4.3.2.2 LAST NAME1
•   4.3.2.3 LAST NAME2
•   4.3.3 PHISICAL PERSON (to see note to the section 1.3)
•   4.3.3.1 COMPANY DENOMINATION
•   4.3.3.2 COMPANY TYPE

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:12/12/2011
language:
pages:57