The transparency of the debtor s address

Transcription

1 The transparency the debtor s address Address the debtor: natural Address the s Efficiency reliability the Austria 1. Local central s domiciled in Austria central register foreigners 2. Social held by public authorities 1. Creditor, court - online is available (sec. 16 MeldeG). The central register foreigners is not ible to individual creditors 2. By administrative assistance, social are obliged to help the courts (sec. 89h Law on the Organisation the Civil Courts (GOG), sec. 294a Enforcement Code) to find out the address a debtor Companies register (Firmenbuch) local register Registration business corporations, trading companies, Public register, sec. 9 Commercial Code Creditors enforcment s get the information. Online available ( general centralized research) are possible at/datenbankzugang/- indext/html The Austrian system performs well because the online for creditors the assistance the courts Information in the commercial register is reliable because a material examination by the registry 1

2 Address the debtor: natural Address the s Efficiency reliability the Belgium Register population (population are public); register foreigners (including the staff the Eupopean Community). Police authorities must provide information about the debtor s residence/ address. Bailiff has online to the civil registry, including information about residence, previous address, marital status Written application private creditors, enlarged investigation empowerment bailiffs. Commercial register at the commercial courts Central Register at the Ministry Justice Registration business corporation, trading companies Public register, no legal interest must be shown Limited to the central register actual information is still lacking All information in the commercial register is checked by the greffier but limited reliance on registered information 2

3 Address the debtor: natural Address the s Efficiency reliability the Denmark Central population register; Fiscal social (these are also central ); Population register is available to Fiscal social are not available. The court may ask the police about the debtor s address Population register: no special conditions; Fiscal social are only available if public claims are enforced Commercial register (central register); Fiscal, bank social Commercial register is available to Fiscal, bank social are available to public creditors To get information from the commercial register the applicant has to pay a fee Private Agencies (ex. RKI Information) provide information about the debtor s address A higher fee is payable 3

4 Address the debtor: natural Address the s Efficiency reliability the Finl Central population register; Fiscal social ; Police authorities must provide information about the debtor s address telephone number to the Population register is available to Fiscal social are only available to the s Population register: no special conditions; information is available by telephone or online Finnish Business Information System (BIS) which is a joint corporate information system the National Board Patents Registration Finl the Finnish Tax Administration; Information on business corporation, commercial companies, individual Public register, information is available online; Information is available in Finnish, Swedish English BIS Search in English available No legal interest is required to be shown The fee is about 10,00. No material inquiries facts before their entry in the commercial register 4

5 Address the debtor: natural Address the s Efficiency reliability the France 1. Local population ; Mortgage 2. Administrative assistance by the Procureur de la République 1. Available to everybody 2. Bailiff may ask the Procueur de la République to find out the debtor s address. 1. No special conditions; simple application 2. Bailiff needs an enforceable title Decentralised commercial at the commercial tribunals A second centralised register is available (INIP) Commercial available everybody are to Information about business corporations, commercial companies, registered business names () No conditions: application special simple Online is available, In practice, cooperation between bailiffs prosecutors does not operate well. Help private institutions is ten needed Information in the commercial register is reliable because material examination 5

6 Address the Address the s Efficiency reliability the Germany 1. Local all s domiciled in Germany 2. Tax social are not available to creditors, nor to s It`s the task the creditor to obtain information, no investigative empowerment s Competence the largely depends on the address the debtor Simple application, small fee (about 5 ) Commercial Registers at the local courts or at the Chambers for Business Commerce, partly online available (at the level the Federal States) Information about business corporations, commercial companies, It`s the task the creditor to get the information, no investigative empowerment s Simple application, no legal interest must be shown. Decentralised are not efficient as long as online is not available Private institutions (creitreform, SCHUFA) fer information for a (higher) fee. Registers are generally reliable. 6

7 Address the Address the s Efficiency reliability the Greece Local population ; Tax register Local population register is available to Tax register is only available to the Application necessary; is No fee has to be paid Creditors may ask police authorities about the debtor s address Companies register Public register: available to everybody Simple application; no fee must be paid Additional information can be obtained by using informal sources such as telephone directories 7

8 Address the Address the s Efficiency reliability the Irel No general positive obligation on Irish citizens to notify the authorities their place abode within the state; the establishment a modern civil registration system is planned; existing so far: electoral reg.; reg. births, marriages deaths; fiscal social reg. Electoral register register births, marriages deaths are available to Fiscal social are only available to the to whom the information relates Payment a small fee is necessary Companies Registration Office (CRO) Central Register Incorporation companies the registration business names. Available everybody to Online available; Access is free charge It is not common to search public to identify the debtor s residence Information can be obtained by using informal sources such as telephone directories Transparency data about companies business names is much more efficient 8

9 Address the Address the s Efficiency reliability the Italy Local civil status; Tax register (anagrafe tributaria) civil status are open to Tax register is not available to the However, Informal information may be obtained from the tax register by presenting the VAT- Code Local civil status: no special conditions; Access to the tax register only if public claims are at issue Commercial (local ) centralised register enterprises. Different for Business corporations, commercial companies Public : available to everybody hold by the Chamber Industry Commerce No special conditions; Generally written information is provided Online is available (after registration) http: // Great difficulties in getting information, private investigators are ten asked. No material investigation the information in the commercial Several proposals for a legal reform have been presented; including the enforce. court to the tax register 9

10 Address the Address the s Efficiency reliability the Luxemburg Population (local all s living in Luxemburg; no central register); Register the Centre Social Security Population are available to Register the Centre Social Security is available to creditors with an enforceable title in order to find out the address the debtor. Population : without any conditions; also by phone; Social register: application at court (tribunal de paix) is necessary; information is given to the court. Central commercial register ; Tax ; register the centre Social Security are not available. Commercial register is open to Fiscal social are not available to the creditor to the. Commercial register: no special conditions; Online Register the centre Social Security: application at court is necessary System is performing well; Information in the is reliable; Problems with debtors using the names third s 10

11 Address the Address the s Efficiency reliability the Netherls Population register (Gemeentelijke Basisadministratie persoonsgegevens, GBA); Court; bailiff (not available to the creditor) are formulated in the GBA-Act (no further information available); Partnership corporations individual are registered in the Chamber commerce; Tax Chamber commerce holds a public register: available to Online is available at Tax register is only available to the s Chamber commerce: no special conditions; Regarding the tax register the conditions are formulated in the taxation laws (legal interest) Bailiffs exercise inkasso as pressional, efficient service. No material investigation facts before their entry in the commercial register 11

12 Address the Address the s Efficiency reliability the Portugal Register all individuals Portuguese nationality Register foreigners. The Court (art. 519 CPC), the bailiff (art. art. 833 n 3 CPC) Court has direct. Bailiff must ask for permission by the judge Decentralized: Commercial Reg. Centralised: Tax., social companies National register business corporations register available for the creditor Decentralized centralised are ible for the creditors 12

13 Address the Address the s Efficiency reliability the Spain 1. Local s domiciled in a certain municipality; Civil register; Consulate or embassy regarding foreigners living in Spain Before starting proceedings, the creditor must find out the address the debtor Local will not transmit the address the debtor, but only inform whether the debtor is registered in the municipality Civil register: a special form must be used; Local : telephone is available; Commercial register: Online is available Commercial register; Companies register; Chamber commerce (national, regional) Fiscal administration Public : available to Fiscal administration: Information is given only if requested by a judge A special form has to be used; Online available; Fiscal administration: creditor gets the information only on dem a judge In most cases, the creditor can obtain the address the debtor by simple request (before the conclusion a contract); otherwise, the research via internet fers many additional possibilities Information in the commercial register is reliable, because a material investigation the registry 13

14 Address the Address the s Efficiency reliability the Sweden National register all s domiciled or resident in Sweden. The Enforcement Authority, creditor No limitations, Enforcement Authority has to the social register online Companies register (register limited liabilities corporation; trade association ), central register Tax register Creditor, court, agency Online available; Access to the tax register only for the local authority Information about corporations, companies 14

15 Address the Address the s creditor, court, Efficiency reliability the United Kingdom Engl/ Wales No formal system registration domicile in the U.K. Electoral roll (currently public but unlikely to remain so; rapidly out date) Vehicle License Agency is no longer available (Data Protection Registrar has decided that the information should not be available to aid, since purpose is not sufficiently closely linked to the vehicle; also address was inaccurate in about 35% cases Creditors or (from the Vehicle License Agency) bailiffs. On single request sometimes, a legal interest must be shown Information to be obtained from the Vehicle License Agency must be sufficiently linked to the vehicle Companies are registered at the Companies House Other business are less easily monitored. Possible: to get information via VAT reference the debtor Creditor, : public register Online is available: On simple request; sometimes the showing a legal interest is necessary Registrations in the companies register are not formally checked therefore not much reliable. Unficial information is obtained from sources such as credit reference agencies enquiry agents A high fee may be payable 15

16 Address the Address the s Efficiency reliability the United Kingdom Scotl No formal system registration domicile in the U.K. Electoral roll (public, rapidly out date) Vehicle Agency (?) Licensing Public On application; Justified interest in needed Investigation agencies do not need to justify Companies are registered in the Companies register (Cardiff) Register bankruptcy, sheriff court judgment, petitions in bankruptcy; register Deeds Arrangement Public On application; Justified interest in needed (?) No non-public data sources open to creditors 16