Requirements for particulars and documents filed with the Commercial Register and the Register of Non-Profit Legal Entities

Under Article 21 of the Commercial Register and Register of Non-Profit Legal Entities Act, the registration officer checks whether the application complies with the prescribed form and procedure for the entry, deletion or publication requested. The officer checks whether the particulars are registrable and have not already been entered, whether the document is eligible for publication and has not already been published, and whether the applicant is authorised to file. The officer also checks that the necessary documents are enclosed and meet the statutory requirements, including the declaration under Article 13(4) of the Act. On first registration or a change of company name, the officer checks whether the name complies with Article 7(2) of the Commerce Act. Documents requiring notarial certification must be entered in the information system database as required by Article 28b of the Notaries and Notarial Practice Act.

If documents are missing or the prescribed state fee has not been paid, the registration officer issues directions under Article 22(5) of the register legislation. The examination is formal: it establishes whether the particulars submitted have been duly evidenced as required by law. The proceedings are non-contentious, and the Registry Agency provides administrative assistance. The officer assesses regularity on the basis of the documents attached and checks that the required documents are present under Ordinance No. 1 of 14 February 2007 on the keeping, storage and accessibility of the Commercial Register.

This article is not legal advice. For a specific matter, consult a lawyer who practises commercial law.