This CAcert sub-policy extends the Organisation Assurance Policy ("OAP") by specifying how the CAcert Organisation Assurance Program ("COAP") is to be conducted by the assigned Organisation Assurer ("OA") under the supervision of the Assurance Officer ("AO") for entities within the defined scope.
This CAcert sub-policy extends the Organisation Assurance Policy ("OAP") by specifying how Organisation Assurance is to be conducted by the assigned Organisation Assurer ("OA") under the supervision of the Organisation Assurance Officer ("OAO") for entities within the defined scope.
</p>
<!-- handbook OA Assurer:
Holland: effective from 1st of July 2008 is new law about trade office registration (Nieuw Handelsregister, NHR) with will be obligationary end of 2009: all trade entities should be registered with national registrar. Handy document (dutch) http://www.kvk.nl/Images/Catalogus%2005072007_tcm16-152449.pdf .
-->
<p>
A <i>Legal</i> Entity (legal body) is an organisation which has registered articles (bye-laws or rules) registered at the national Trade and Registration Office ("TRO"). The bye-laws are supervised by a national registered notary.
</p>
An organisation (entity) may have a registration with a TRO and no bye-laws registered with the TRO. Liability is carried by an individual. In this sub-policy this is considered as Legal Entity as well.
<h2>
1. Scope
</h2>
<p>
This sub-policy is applicable to
Legal Entities accepted and registered by the TRO:<br/>
This sub-policy is applicable to:<br/>
</p>
<olstyle="list-style-type: lower-alpha;">
<li>national legal entities,</li>
<li>Legal entities in the Netherlands:<br/>
<olstyle="list-style-type: lower-roman;">
<li>Private Owned Companies (BV)
</li>
<li>Limited Companies (NV)
</li>
<li>Associations
</li>
<!-- <li>Cooperations and mutual safeguarding societies
</li>
<li>Foundations
</li>
-->
<li>Sole Trader/Professional
</li>
<!-- <li>Trade Partnership (VOF)
</li>
<li>Commanditair Partnership (CV)
</li>
<li>Free Profession Partnership
</li>
<li>Churches/Religious Groups
</li>
-->
</ol>
</li>
</ol>
<!-- handbook OA Assurer:
Ireland: Sole Traders, Partnerships, Companies, Trusts, Government Bodies & Intrumentalities, Clubs & Associations, ?Foundations?.
Holland: European Economic Collaboration (EESV), European Limited Company (SE), European Cooperation (SCE).
-->
<li>foreign legal entities.</li>
<!-- handbook OA Assurer:
handbook OA Assurer:
Holland: e.g. Private Limited Company (Ltd) under subjected to foreign jurisdiction but active in mainly in EU/Holland. The entity has regsitration duties in the EU (fin. year report, extract foreign TRO, accountant report.
-->
</ol>
<h2>
2. Requirements
</h2>
@ -75,8 +84,9 @@ Holland: e.g. Private Limited Company (Ltd) under subjected to foreign jurisdict
2.1 Organisation
</h3>
<olstyle="list-style-type: lower-alpha;">
<li>For Applicants with individual liability operating under their own name business name registration is OPTIONAL.
<!-- <li>For Applicants with individual liability operating under their own name business name registration is OPTIONAL.
</li>
-->
<li>Applicants MUST be a valid legal entity but MAY have an arbitrary number of registered trading names.
</li>
</ol>
@ -84,23 +94,16 @@ Holland: e.g. Private Limited Company (Ltd) under subjected to foreign jurisdict
2.2 Records
</h3>
<olstyle="list-style-type: lower-alpha;">
<li>Digital Signatures MAY be accepted in
the EU (Europe)
under the EU European Directive 99/93/EG and 2000/31/EC.
<br>Implemented in
<li>Digital Signatures MAY be accepted under implementation of EU European Directive 99/93/EG and 2000/31/EC in the Wet Elektronische Handtekeningen (WET) of 21st of May 2003.
<!--
Ireland: Electronic Commerce Act of 2000
Norway: ???
Holland: Wet Elektronische Handtekeningen (WET) of 21st of May 2003
-->
the Netherlands
as
Wet Elektronische Handtekeningen (WET) of 21st of May 2003
.
<br>Comment:
<i>
The legal requirement is that there is sufficient evidense and trust. This is the case for a digital certificate that can be checked.
<!--Reminder: CA is seen by law as TTP, which is subjected to be registrated with OPTA (governmental control body).
Reminder: CA is seen by law as TTP, which is subjected to be registrated with OPTA (governmental control body).
-->
</i>
<li>Historic documents MAY be accepted where it can be proven that material changes have not been made (eg via absence of subsequent submissions in official document listings).
@ -123,7 +126,7 @@ Ireland: (OPTIONAL for sole traders, sole professionals and partnerships operati
-->
.
</li>
<li>Registry Number and Business Name Number MUST be specified where applicable
<li><identifier?> MUST be specified where applicable
<!--
Ireland: (OPTIONAL for sole traders and partnerships operating under their own name(s)) -->
.
@ -144,7 +147,7 @@ Holland: Kamer van Koophandel ("KvK") [<a title="Kamer van Koophyandel" href="ht
<li>Kamer van Koophandel ("KvK") [<atitle="Kamer van Koophandel"href="http://www.kvk.nl/">http://www.kvk.nl</a>]<br/>
<li>Each person listed in an application MUST be individually assured and referenced by a confirmed email.
</li>
<li>Sole traders and partnerships operating under their own name(s) MAY be automatically approved without further checks.
</li>
<li>All other trading names (including companies) MUST be verified by a TRO Company or Business Name Search, where the status MUST be 'Normal'.
<li>All entities MUST be verified by a KvK search (all Dutch organisations including ministries and public offices, religious societies, liberal professions, partnerships, one-man business, association of house-owners, etc. must be registered from 31st of December 2009).
</li>
<li>Partnership applicants MUST additionally be verified via a Business Name Printout as a current individual member and SHOULD be a managing partner.
<li>Partnership applicants MUST additionally be verified via an Extract as a current individual member and SHOULD be a managing partner.
</li>
<li>Company applications MUST be made by an individual who is duly authorised to sign on behalf of the company:
<olstyle="list-style-type: lower-roman;">
<li>Officeholder applicants (directors or preferably secretary) MUST be verified in a "Company Printout" (obtained from the TRO by the OA where fees are reclaimable from the applicant).
<li>Officeholder applicants (directors or preferably secretary) MUST be verified in an "Extract" (obtained from the KvK by the OA where fees are reclaimable from the applicant).
</li>
<li>Any other applicant MUST prove that they are duly authorised to sign on behalf of the entity (for example via delegation and/or under company rules) to the satisfaction of the OA, for approval by the OAO.
Sam Johnston
17 years ago