TITLE IGENERAL PROVISIONS AND THE ESTABLISHMENT AND FUNCTIONING OF LIMITED LIABILITY COMPANIES

CHAPTER IIIF1Online procedures (formation, registration and filing), disclosure and registers

Annotations:

Section 4Application and implementing arrangements

Article 40Penalties

Member States shall provide for appropriate penalties in the event of failure to disclose the matters set out in Articles 29, 30, 31, 36, 37 and 38 and of omission from letters and order forms of the compulsory particulars provided for in Articles 35 and 39.

Article 41Persons carrying out disclosure formalities

Each Member State shall determine who shall carry out the disclosure formalities provided for in Sections 2 and 3.

Article 42Exemptions to provisions on disclosure of accounting documents for branches

1

Articles 31 and 38 shall not apply to branches opened by credit institutions and financial institutions covered by Council Directive 89/117/EEC32.

2

Pending subsequent coordination, the Member States need not apply Articles 31 and 38 to branches opened by insurance companies.

F2Article 43F2Contact Committee

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