Commission Implementing Regulation (EU) 2020/2244Dangos y teitl llawn

Commission Implementing Regulation (EU) 2020/2244 of 17 December 2020 laying down rules for the application of Directive (EU) 2017/1132 of the European Parliament and of the Council as regards technical specifications and procedures for the system of interconnection of registers and repealing Commission Implementing Regulation (EU) 2015/884 (Text with EEA relevance)

5. List of data to be exchanged between registers

5.1. Branch disclosure notification

For the purposes of this Annex, the exchange of information between registers set out in Articles 20 and 34 of Directive (EU) 2017/1132 shall be referred to as ‘branch disclosure notification’. The proceeding triggering that notification shall be referred to as ‘branch disclosure event’.

For each branch disclosure notification referred to in point 4.1, Member States shall exchange the following data:

a

Cardinality 0 means that the data is optional. Cardinality 1 means that the data is mandatory. Cardinality 0…n or 1…n means that more than one piece of the same type of data may be provided.

Data typeDescriptionCardinalityaAdditional description
Issuance Date and TimeDate and time when the notification was sent1Date and Time
Issuing OrganisationName/Identifier of the organisation that issues this notification1Party data structure
Legislation ReferenceReference to relevant national or Union legislation0…nText
Proceeding-related data1Group of Elements
Effective DateDate when the proceeding affecting the company has come into effect1Date
Proceeding TypeType of proceeding leading to a branch disclosure event as referred to in Article 20 of Directive (EU) 2017/11321

Code

(Winding-up Opening

Winding-up Termination

Winding-up Opening and Termination

Winding-up Revocation

Insolvency Opening

Insolvency Termination

Insolvency Opening and Termination

Insolvency Revocation

Striking-off)

Company data1Group of Elements
EUIDUnique identifier of the company making subject of this notification1

Identifier

See section 8 of this Annex for structure of the EUID

Alternate IDOther identifiers of the company (e.g. Legal Entity Identifier)0…nIdentifier
Legal formType of legal form1

Code

As referred to in Annex II to Directive (EU) 2017/1132

NameName of the company making subject of this notification1Text
Registered OfficeRegistered office of the company1Text
Register NameName of the register where the company is registered1Text

The notification message may also include technical data necessary for the proper transmission of the message.

The exchange of information shall also include technical messages necessary for the acknowledgement of receipt, logging and reporting purposes.

5.2. Branch registration notification

For each branch registration notification referred to in point 4.2, Member States shall exchange the following data:

a

Cardinality 0 means that the data is optional. Cardinality 1 means that the data is mandatory. Cardinality 0…n or 1…n means that more than one piece of the same type of data may be provided.

Data typeDescriptionCardinalityaAdditional description
Issuance Date and TimeDate and time when the notification was sent1Date and Time
Issuing OrganisationName/Identifier of the organisation that issues this notification1Party data structure
Recipient OrganisationName/Identifier of the register where the company is registered1Party data structure
Legislation ReferenceReference to relevant national or Union legislation0…nText
Branch data1Group of Elements
Date of registrationDate when the branch was registered.1Date
Effective dateDate when the opening of the branch becomes effective, if available0Date
Name of the branch if it is different from the company nameName of the branch subject of the notification. If it is the same as the company this field should be left empty0

Text

As referred to in Article 30(1)(d) of Directive (EU) 2017/1132

Additional names of the branchIf the branch has more than one name, the additional names can be included.0…nText
EUIDUnique identifier of the branch subject of this notification1Identifier
Address of the branchAddress of the branch subject of the notification1Full address
Company data1Group of Elements
EUIDUnique identifier of the company to which the branch belongs1Identifier
Alternate IDOther identifiers of the company (e.g. Legal Entity Identifier)0…nIdentifier
Legal formType of legal form0

Code

As referred to in Annex II to Directive (EU) 2017/1132

NameName of the company subject of this notification0Text

The notification message may also include technical data necessary for the proper transmission of the message.

The exchange of information shall also include technical messages necessary for the acknowledgement of receipt, logging and reporting purposes.

5.3. Branch closure notification

For each branch closure notification referred to in point 4.3, Member States shall exchange the following data:

a

Cardinality 0 means that the data is optional. Cardinality 1 means that the data is mandatory. Cardinality 0…n or 1…n means that more than one piece of the same type of data may be provided.

Data typeDescriptionCardinalityaAdditional description
Issuance Date and TimeDate and time when the notification was sent1Date and Time
Issuing OrganisationName/Identifier of the organisation that issues this notification1Party data structure
Recipient OrganisationName/Identifier of the register where the company is registered1Party data structure
Legislation ReferenceReference to relevant national or Union legislation0…nText
Branch data1Group of Elements
Date of striking off of the branch from the registerDate when the branch was stricken off from the register1Date
Effective dateDate when the closure of the branch becomes effective, if available0Date
Name of the branch if it is different from the company nameName of the branch subject of the notification. If it is the same as the company this field should be left empty0

Text

As referred to in Article 30(1)(d) of Directive (EU) 2017/1132

Additional names of the branchIf the branch has more than one name, the additional names can be included.0…nText
EUIDUnique identifier of the branch subject of this notification1Identifier
Company data1Group of Elements
EUIDUnique identifier of the company to which the branch belongs to1Identifier
Alternate IDOther identifiers of the company (e.g. Legal Entity Identifier)0…nIdentifier
Legal formType of legal form0

Code

As referred to in in Annex II to Directive (EU) 2017/1132

NameName of the company subject of this notification0Text

The notification message may also include technical data necessary for the proper transmission of the message.

The exchange of information shall also include technical messages necessary for the acknowledgement of receipt, logging and reporting purposes.

5.4. Notification on changes to documents and information of the company

For each notification on changes to documents and information of the company referred to in point 4.4, Member States shall exchange the following data:

a

Cardinality 0 means that the data is optional. Cardinality 1 means that the data is mandatory. Cardinality 0…n or 1…n means that more than one piece of the same type of data may be provided.

Data typeDescriptionCardinalityaAdditional description
Issuance Date and TimeDate and time when the notification was sent1Date and Time
Issuing OrganisationName/Identifier of the organisation that issues this notification1Party data structure
Recipient OrganisationName/Identifier of the register where the branch is registered1Party data structure
Legislation ReferenceReference to relevant national or Union legislation0…nText
Proceedings-related data1Group of Elements
Proceedings TypeType of proceeding leading to a notification on changes to documents and information of the company1
(a)

change in the company’s name;

(b)

change in the company’s registered office;

(c)

change in the company’s registration number in the register;

(d)

change in the company’s legal form;

(e)

change in the documents and information referred to in point (d) of Article 14;

(f)

change in the documents and information referred to in point (f) of Article 14

Date of registrationDate when the change to documents and information of the company was registered1Date
Effective dateDate when the change to documents and information of the company takes effect, if available0Date
Relevant data to be updated, depending on the Proceeding TypeChange in the company data1

One of the following:

(a)

company’s new name and the previous name

(b)

company’s new registered office and the previous registered office;

(c)

company’s new registration number in the register and the previous registration number;

(d)

company’s new legal form and the previous legal form;

(e)

New documents and information referred to in point (d) of Article 14 (attachments possible), which shall include the following data:

  • whether it is a natural person or legal person.

  • In case of a natural person

    • Name, surname,

    • date of birth if available, otherwise the national identification number,

  • In case of a legal person:

    • name of the company

    • EUID of the company or, if available, other registration number if not a company listed in Annex II to Directive (EU) 2017/1132,

    • legal form

  • Notwithstanding whether it is a natural person or legal person:

    • Address (if available in the register).

    • whether it is an appointment or a termination, or an update to an existing appointment

    • whether the person falls under Article 14(d) (i) or 14(d) (ii),

    • in case of persons falling under 14(d) (i), whether alone or joint representation with the option to provide additional information, if needed, in a document or text, or, in other cases, a description provided in a document or a text

    • title

    • option to provide a document or a text describing possible restrictions to the power of representation (e.g. value and type of business).

    • option to provide only documents for the persons falling under Art 14(d)(ii)

(f)

new documents and information referred to in point (f) of Article 14 (attachments possible), which shall include the following metadata: financial year.

Additional data to be, provided optionally regarding point (d) of Article 14Change in the company data0…n

Optional data:

  • National personal identification number

  • Number of identification document (ID card, passport)

  • Nationality/ies

  • Place of birth

Company data1Group of Elements
EUIDUnique identifier of the company to which the branch belongs1Identifier
Alternate IDOther identifiers of the company (e.g. Legal Entity Identifier)0…nIdentifier

The new documents and information referred to in point (f) of Article 14 of Directive (EU) 2017/1132 shall not be sent to the register of the branch if the Member State in question applies the option referred to in the second paragraph of Article 31 of that Directive.

The notification message may also include technical data necessary for the proper transmission of the message.

The exchange of information shall also include technical messages necessary for the acknowledgement of receipt, logging and reporting purposes.

5.5. Cross-border merger notification

For the purposes of this Annex, the exchange of information between registers as referred to in Article 130 of Directive (EU) 2017/1132 shall be referred to as ‘cross-border merger notification’. For each cross-border merger notification referred to in Article 130 of Directive (EU) 2017/1132, Member States shall exchange the following data:

a

Cardinality 0 means that the data is optional. Cardinality 1 means that the data is mandatory. Cardinality 0…n or 1…n means that more than one piece of the same type of data may be provided.

Data typeDescriptionCardinalityaAdditional description
Issuance Date TimeDate and time when the notification was sent1Date and Time
Issuing OrganisationOrganisation that issued this notification1Party data structure
Recipient OrganisationOrganisation this notification is addressed to1Party data structure
Legislation ReferenceReference to relevant national or Union legislation0…nText
Merger-related data1Group of Elements
Effective DateDate when the merger became effective1Date
Merger TypeType of merger as defined by Article 119(2) of Directive (EU) 2017/11321

Code

(Cross-border merger by acquisition

Cross-border merger by formation of new company

Cross-border merger of wholly owned company)

Resulting company1Group of Elements
EUIDUnique identifier of the company resulting from the merger1

Identifier

See section 8 of this Annex for structure of the EUID

Alternate IDsOther identifiers0…nIdentifier
Legal formType of legal form1

Code

As referred to in Annex II to Directive (EU) 2017/1132

NameName of the company resulting from the merger1Text
Registered OfficeRegistered office of the company resulting from the merger1Text
Register NameName of the register where the company resulting from the merger was registered1Text
Merging Company1…nGroup of Elements
EUIDUnique identifier of the company being merged1

Identifier

See section 8 of this Annex for structure of the EUID

Alternate IDsOther identifiers0…nIdentifier
Legal FormType of legal form1

Code

As referred to in Annex II to Directive (EU) 2017/1132

NameName of the company taking part in the merger1Text
Registered OfficeRegistered office of the company taking part in the merger0…1Text
Register NameRegister where the merging company was registered1Text

The notification message may also include technical data necessary for the proper transmission of the message.

The exchange of information shall also include technical messages necessary for the acknowledgement of receipt, logging and reporting purposes.