Under Article 21 of the Commercial Register and Register of Non-Profit Legal Entities Act, the registration officer checks whether the application on its face complies with the prescribed form and procedure; whether the fact for which registration is requested is registrable; whether an authorised person submitted the application; and whether all legally required documents or the instrument to be published have been attached. The officer also checks whether the fact to be registered exists and complies with the law, whether the declarations required by Article 13 have been submitted and whether the state fee due has been paid.<\/p>\n
Under Article 19(2) read with Article 22(1) of the Act, where the Article 21 requirements are met, the officer decides applications for registration, deletion and publication immediately after three working days have elapsed from receipt in the Commercial Register under the procedure discussed here. If legally required documents are missing or the fee has not been paid, the officer issues instructions under Article 22(5).<\/p>\n
It follows that if an application is defective and the defects can be remedied under Article 22(5), the instructions must be issued no later than the working day following submission. Only if they remain unfulfilled when the period under Article 19(2) expires should the registration authority refuse registration.<\/p>\n
This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a legal professional.<\/em>
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