From 6ea8292464dec2b5b42c09605be36dd58acef6d5 Mon Sep 17 00:00:00 2001 From: Teus Hagen Date: Tue, 19 Aug 2008 12:09:54 +0000 Subject: [PATCH] Incorporated Ian his comments. The sub-policy is now oriented to any country with official trade office registry. git-svn-id: http://svn.cacert.org/CAcert/Policies@914 14b1bab8-4ef6-0310-b690-991c95c89dfd --- .../OrganisationAssuranceSubPolicyEurope.html | 616 +++++++++++++----- 1 file changed, 436 insertions(+), 180 deletions(-) diff --git a/OrganisationAssurancePolicy/OrganisationAssuranceSubPolicyEurope.html b/OrganisationAssurancePolicy/OrganisationAssuranceSubPolicyEurope.html index cf94d35..f768f7e 100644 --- a/OrganisationAssurancePolicy/OrganisationAssuranceSubPolicyEurope.html +++ b/OrganisationAssurancePolicy/OrganisationAssuranceSubPolicyEurope.html @@ -2,13 +2,13 @@ - CACert Organisation Assurance Program sub-policy for countries in Europe. + <title>CACert Organisation Assurance Program sub-policy for countries with official Trade Office Registry.

- CAcert Organisation Assurance Program sub-policy
for countriers in Europe
with a national Trade Office Register + CAcert Organisation Assurance Program sub-policy
for countries
with a national (official) Trade Office Registry

CAcert Policy Status
@@ -22,180 +22,414 @@ 0. Preliminaries

-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.

-

- 1. Scope -

+This CAcert subsidary policy (sub-policy) specifies how +Organisation Assurance is conducted on Organisations +registered by official Trade Office Registries, +following the European style of +Chambers of Commerce. +

+

+This sub-policy extends the Organisation Assurance Policy +("OAP"). +It specifies how Registries are determined, +what steps to take in adding them, and roles and responsibilities. +

+ +

+ 1. Scope +

This sub-policy is applicable -to organisations registered with the Trade Office Registry as tabled in -paragraph 3.1 of this sub-policy:
-

-
    -
  1. Legal entities in the European Union and other European countries:
    -
      -
    1. Government Bodies & Instrumentalities; -
      2. -
    2. Private Owned Companies; -
      3. -
    3. Limited Companies; -
      4. -
    4. Clubs, Societies & Associations; -
      5. -
    5. Cooperations and mutual safeguarding Societies; -
      6. -
    6. Foundations; -
      7. -
    7. Sole Trader or Professional; -
      8. -
    8. Partnerships: Trade, Silent Partnership, Free Profession; -
      9. -
    9. Churches/Religious Groups. -
      10. -
    -
    2. -
  2. European legal entities: -European Economic Collaboration (EESV), European Limited Company (SE), European Cooperation (SCE). -
    3. -
  3. Foreign -legal entities subjected to foreign jurisdiction but active in mainly -in the EU country. The entity has registration duties in the EU (fin. -year report, extract foreign TRO, accountant report. E.g. Private -Limited Company (Ltd) in UK foreign jurisdiction but mainly active in -an EU country.
    4. -
-

- 2. Requirements -

+to organisations registered with an official Trade Office Registry +("Registry"). +Approved Registries are tabled in +paragraph Appendix 1 of this sub-policy. +

+ +

+ 2. Requirements +

- This section describes any scope specific requirements that are not otherwise defined in the OAP. + This section describes any scope-specific requirements that are not otherwise defined in the Organisation Assurance Policy (OAP).

-

- 2.1 Organisation -

-
    -
  1. For -Applicants with individual liability operating under their own name -business name registration is optional. These Applicants can be assured -as company (Trade Office Registration is required) and/or as -individual: CAcert Assurance Programme.
    2. -
  2. Applicants must be a valid legal entity but may have an arbitrary number of registered trading names. -
    3. -
-

- 2.2 Records -

-Historic supplemental 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). +

+ 2.1 Organisation +

+

+This sub-policy is applicable +to organisations that are, and are intended to be, +registered with the official Trade Office Registry. +The Registry itself defines what forms of organisation +may be registered. They may include, amongst others: +private companies, clubs Societies & Associations, +partnerships, cooperatives, mutual societies, foundations, etc. +

+ +

+ 2.2 Unincorporated Organisations +

+ +

+Registered Names. +Where an approved Registry specifically maintains a register for +local entities that trade without formal incorporation, +the Registry entry will present independent evidence of the +name, as demanded by +OAP#5.d. +This may apply to +organisations such as +Sole Traders, +Doing-Business-As traders (DBAs), +Partnerships, +Church and Religious groups, +etc. +

+ +

+As such entities have differing legal statuses +with different liabilities. +The named entity may not be capable of legally becoming +a Member of CAcert, +independently and separately from the individuals within. +The Organisation Assurer (OA) must then take care to identify which individuals +are Members, and which are therefore the natural legal +entities behind the names. +

+ +

+The general standard for assurance of an unincorporated entity +with a Registered Name is that the result is +equivalent to assurance of an individual Member, or Members, +with the addition of the Registered Name. +

+ +

+There is no limit to the number of Registered Names that +a Member may have. +

+ +

+Foreign Entities.
+Where a local Registry requires foreign entities to register, +this registration MAY NOT MAY be used for Organisation Assurance. +See USA debate, foreign entites must Organisation Assurer in home state. +
+Example: companies are frequently incorporated in the United Kingdom, +but operated primarily in another European country. +These foreign entities may require to register locally +and submit financial and/or yearly reports, extracts of home documents, +reports from professionals such as accountants, etc, +to authorities in the operating country. +

+ +

+ 2.2 Records +

+

+Records supplied by the Registry must be one of the following forms: +

+
    +
  1. + Formal originals on paper, + where they are extracted from the Registry + in an independent manner; +
    2. +
  2. + Extracts from an online service provided by the Registry, + acquired by the Organisation Assurer + in a secure and independent manner; +
    3. +
  3. + Historical supplemental documents may be accepted + where it can be shown that + material changes have not been made + (e.g., via absence of subsequent + submissions in official document listings). + Such acceptance should applicable to the particular + jurisdiction, as documented by the Organisation Assurer, + and under any process he determines. +
    4. +
+ +

+The set of records supplied by the Registry is called the Extract, +defined below. +

+ +

+ 3. The Trade Office Registry +

+ +

+ Examples of + Registries are: Chambers of Commerce + in (continental) European, + Companies House in the United Kingdom, + Ministry of Justice, Finance, or Commerce in east Europe, + and the Secretary of State + in each of the United States of America. +

- 2.3 Application Form + 3.1 Criteria for a Registry

+

+An Organisation can be accepted for Assurance under this policy if +registered with a formal Trade Office Registry. +The criteria for a Trade Office Registry is: +

+
    +
  1. The Registry follows the general model of + Trade Offices, in that, + it is a formal authority for + dealing with local trade matters + effecting organisations (not individuals); +
    2. +
  2. The Registry is formally + empowered to register corporate entities + (organisations) + under national law;
    3. +
  3. The Registry has a reliable search facility service + that provides reliable documentary evidence of the + registration entry of an organisation. + The service may carry costs which are reimbursed from the organisation + applicant;
    4. +
  4. The Registry (or, its search facility) + can provide an Extract of the registration of the entity, + below. +
    5. +
+ +

Approved Registries are defined in Appendix I. +Addition of new Registries is by means of the routine +Policy on Policy process, +and is controlled by the policy group, +on submission by Organisation Assurer. +

+ +

+ 3.1 Extracts +

+

+The Extract is the set of records provided by the Registry. +The Extract is to include the following information +about the entity: +

+
  1. + location (at least within Registry's area), +
  2. + type of organisation, +
  3. + full name of the organisation, +
  4. + director(s) with signing power and their signature structure, +
  5. + unique registration Identifier or number within Registry.
    6. +
+ +

+Organisation Assurance +is available to any entity which can provide the above Extract. +

+ +

+ 4. Assurance Process +

+

+ 4.1 General Requirements +

+ +

+The Organisation Assurer should take note of the following. +

+ +
    +
  1. Each Organisation Assurance is for one organisation only, but may include multiple names;
    2. +
  2. The Organisation Administrator (O-Admin) must be an Assurer;
    3. +
  3. All organisations must be verified by a Registry search by the Organisation Assurer. +
    4. +
+ + +

+ 4.2 Requirements for Companies +

+

+For Companies requesting Organisation Assurance under this subsidiary policy: +

+ +

+ 4.2 Requirements for Individuals +

+

+For Individuals requesting Organisation Assurance under this subsidiary policy: +

+
    +
  1. The individual Member must be an Assurer;
    2. +
  2. The individual Member acts as her own Organisation Administrator.
    3. +
+ +

+ 4.3 Requirements for Partnerships +

+

+For Partnerships requesting Organisation Assurance under this subsidiary policy: +

+
    +
  1. The Partners must be verified via the Extract;
    2. +
  2. The applying Partner (signatory) must be a Member and Assurer;
    3. +
  3. +Where the Assurer-Partner is not the managing Partner, +further due diligence should be conducted. +For small partnerships, the Organisation Assurer should be satisfied that the managing partner +is aware-in-writing of the activity. +For large partnerships, the verified role and title of +the Assurer-Partner is sufficient and applicable to the activity. +
    4. +
  4. The Assurer-Partner may delegate the role of Organisation Administrator +to another Assurer within the Organisation.
    5. +
+

+ 4.4 CAcert Organisation Assurance (COAP) Form +

+

+On the CAcert Organisation Assurance Programme Form (COAP Form), +the following must be specified: +

    -
  1. The licensing authority must be specified where applicable. -
    -This is optional for sole traders, sole professionals and partnerships -operating under their own name(s): CAcert Assurance Programme.
    2. -
  2. The registry Identifier must be specified where applicable. -
    -This is optional for sole traders and partnerships operating under their own name(s): CAcert Assurance Programme. +
  3. The licensing authority (Trade Office Registry); +
    4. +
  4. The unique registration Identifier or number + (where issued; a Registry may not issues a unique Identifier for sole traders and partnerships);
    5. +
  5. + The type of entity that is registered, + according to the classification created + by the Registry. +
-

- 3. Registration -

-

- 3.1 Trade Office Registries -

+

-Organisation accepted for Assurance under this policy is an -organisation or entity registered with a national operating formal -Trade Office Registry in the country, as tabled in Appendix I (Trade -Office Registries in EU countries and other European countries).

-

The criteria for adding a country and the national Trade Office Registry: -

    -
  1. The Trade Office Registry follows the trade office model, in which -the trade office is a formal authority for registering legal entities -(not individuals).
    2. -
  2. The Trade Office Registry is a formal entity under national (European) law.
    3. -
  3. The Trade Office Registry is defined in the table of Appendix I.
    4. -
  4. The Trade Office Registry has a reliable search facility service. -The service may carry costs which are reimbursed from the organisation -applicant.
    5. -
  5. The Trade Office Registry provides an Extract of the registration, -providing location, type of organisation, full name of the -organisation, directors with signature power and their signature -structure, organisation registration "Identification" number.
    6. -
  6. Any entity which has a registration Extract from the trade office is accepted. -
    7. -
-

- 3.2 Domain Registrars -

-

-Every European country has a Domain Registrar for the ccTLD country code -under which a company domain may have a domain registration. Domain -registration of a organisation domain is checked with national Domain -Registry via whois and other means.

-

- 3.2 Registry Identifiers -

-
    -
  1. Trade Office Registration Identifier, a unique registration number obtained from the Trade Office Registry. -
    2. -
-

- 3.3 Documents -

-
    -
  1. The Extract from the Trade Office Registry. -
    2. -
-

- 4. Processes -

-

- 4.1 Assurance -

-
    -
  1. Each person listed in an application must be individually assured and referenced by a confirmed email. -
    2. -
  2. All entities must be verified by a office trade registry search. -
    3. -
  3. Partnership -applicants must additionally be verified via an Extract as a current -individual member and should be a managing partner.
    4. -
  4. Company applications must be made by an individual who is duly authorised to sign on behalf of the company: -
      -
    1. Officeholder -Applicants (directors or preferably secretary) must be verified in an -"Extract" (obtained from the Trade Office Registry by the OA where -fees are reclaimable from the applicant).
      2. -
    2. 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 OA Officer.
      3. -
    -
    5. -
+The essential purpose of the information is to permit +the Organisation Assurer and others to clearly and accurately identify the entry +held by the Registry. +

-

Appendix I

+ +

+ 5. Roles and Responsibilities +

+

+ 5.1 Organisation Assurer (OA) +

+

+The Organisation Assurer (OA) is to maintain an accessible file or frequently asked questions (FAQ) +for each Registry showing: +

+
    +
  1. + The type or form of each entity that is registerable; +
    2. +
  2. + The location and conditions of access to the Registry's + search facility; +
    3. +
  3. + The Extract form or manner; +
    4. +
  4. + The unique registration Identifier or number form or manner, + as allocated to each registered organisation; +
    5. +
  5. + A list of Organisation Assurers currently authorised to conduct + organisation assurances against the Registry; +
    6. +
  6. + The nature or regime of any supplemental / historical documents + that may be acceptable; +
    7. +
  7. + The form of due diligence for verifying + signatories that are not identified in the Extract; +
    8. +
  8. + Any restrictions applicable to the Registry, + as decided by Policy Group, the Arbitrator, + or as advised by the Organisation Assurer. +
    9. +
+ +

+The Organisation Assurer is also to maintain training +and testing material applicable. Elements of the challenge +may be confidential, but only for the purposes of +maintaining the efficacy of the challenge. +

+

+ 5.2 Senior Organisation Assurers +

+

+The Organisation Assurer officer may delegate local +senior Organisation Assurers to lead +activities within the areas of each Registry, +or within countries in general. +The powers of such a delegate are undefined, +and the responsibility remains with the Organisation Assurer officer. +

+ +

+ 5.3 Organisation Assurer (AO) +

+

+The Organisation Assurer (OA) is to be tested according to Organisation Assurance Policy. +Such testing is to include above documents kept by Organisation Assurer. +

+ + + + + +


+ +

Appendix I

+

Table of accepted Trade Office Registries for EU countries

-The green dot • denotes an accepted registry. The orange dot• denotes a registry being accepted. The red dot • denotes a registry awaiting feedback from that country to be accepted for company registration Extracts. +The green dot • denotes an accepted Registry. The orange dot • denotes a Registry being accepted. The red dot • denotes a Registry awaiting feedback from that country to be accepted for organisation registration Extracts.

- - + + @@ -213,8 +447,8 @@ The green dot • denotes an accepted r - - + + @@ -284,6 +518,7 @@ The green dot • denotes an accepted r + @@ -292,6 +527,7 @@ The green dot • denotes an accepted r + @@ -310,7 +546,7 @@ The green dot • denotes an accepted r - + @@ -326,12 +562,13 @@ The green dot • denotes an accepted r - + + @@ -342,7 +579,7 @@ The green dot • denotes an accepted r - + @@ -350,7 +587,7 @@ The green dot • denotes an accepted r - + @@ -358,7 +595,7 @@ The green dot • denotes an accepted r - + @@ -380,6 +617,7 @@ The green dot • denotes an accepted r + @@ -398,7 +636,7 @@ The green dot • denotes an accepted r - + @@ -436,9 +674,10 @@ The green dot • denotes an accepted r + - + @@ -446,12 +685,13 @@ The green dot • denotes an accepted r - + + @@ -462,15 +702,15 @@ The green dot • denotes an accepted r
registryRegistryID web address search address
Austria: •Bundesministerium
f&umml;r Justiz		Bundesministerium
für Justiz		BMJ www.bmj.gv.at
Finland: • Yritys-Ja
Yhteisötietojärjestelmä		 BIS
France: • Chambre de Commerce
et d'Industrie		 CCIGermany: • Handelsregister PortalHR www.handelsregister.de DE search
Hungary: • Ministry of JusticeIM www.im.hu
Ireland: • Companies Registration Office CROItaly: • InfoCamereIC webtelemaco.infocamere.it IT search
Latvia: • LursoftLS www.lursoft.lv Lursoft search
Lithuania: • Juridiniu Asmenu RegistrasJAR www.registrucentras.lt LT search
Netherlands: • Kamer van Koophandel KvKPortugal: • Conservatórias do
Registo Comercial		RC www.dgrn.mj.pt
Sweden: • SkatteverketSKAT www.skatteverket.se SE search
• BolagsverketBOL www.bolagsverket.se SE search
United Kingdom: • Companies House CH

Table of accepted Trade Office Registries for other European countries

-The green dot • denotes an accepted registry. The orange • denotes a registry being accepted. The red dot • denotes a registry awaiting feedback from that country to be accepted for company registration Extracts. +The green dot • denotes an accepted Registry. The orange • denotes a Registry being accepted. The red dot • denotes a Registry awaiting feedback from that country to be accepted for company registration Extracts.

- - - + + + @@ -496,7 +736,7 @@ The green dot • denotes an accepted r - + @@ -512,15 +752,16 @@ The green dot • denotes an accepted r - + + - + @@ -528,7 +769,7 @@ The green dot • denotes an accepted r - + @@ -536,7 +777,7 @@ The green dot • denotes an accepted r - + @@ -550,10 +791,19 @@ The green dot • denotes an accepted r
?registryRegistryID web address search address
Bosinia &
Herzegovina:		 • Gosodarska komora Federacije
Bosne i Hercegovine		KFBiH www.kfbih.com BH search
Gibraltar: • Companies HouseCH www.companieshouse.gi non free service
Norway: • Brønnøysund Register CentreBRC www.brreg.no
• Nøkkelopplysninger
fra Enhetsregisteret		BRREQ w2.brreg.no
Serbia: • Serbian Commercial Register
Агенција за
привредне регистре		SCR www.apr.sr.gov.yu YU search
- -

Accompanied information
-Not part of CAcert Organisation Assurance Program sub-policy definition

-

The provided information in this part is for reference information only.

+ + + + + + +


+ +

Accompanied information -- Not part of this Policy

+
+

+Not part of CAcert Organisation Assurance Program sub-policy definition. +The provided information in this part is for reference information only.

National acts on digital signatures

Comment: @@ -699,10 +949,16 @@ Digital Signatures may be accepted under implementation of EU European Directive

Table with country top level domain registries

+

+Every European country has a Domain Registrar for the ccTLD country code +under which a company domain may have an internet domain registration. Domain +registration of a organisation domain is checked with national Domain +Registry via whois and other means.

+

- +
?domain registryweb addressccTLDwhois?domain registrarweb addressccTLDwhois
•