ANNEXTechnical specifications and procedures

15.Exchange of information on disqualified directors

15.3.Detailed list of data

For the exchange of information on disqualified directors, Member States shall include the following data.

15.3.1.First level query on disqualification

Data type

Description

Cardinality13

Additional description

Issuance Date and Time

Date and time when this query was sent

1

Date and Time

Issuing Organisation

Name/Identifier of the organisation that issues this query

1

Party data structure

Recipient Organisation

Name/Identifier of the register of the requested Member State

1

Party data structure

Legislation Reference

Reference to relevant national or Union legislation

0…n

Text

First level query on disqualification

If the person who applies to be a director is a natural person

First name

First name of the person who applies to be a director

1

Text

Surname

Surname of the person who applies to be a director

1

Text

Date of birth

Date of birth of the person who applies to be a director

1

Date

Further identification data

Further data processed according to the requesting Member State’s national law and in compliance with Regulation (EU) 2016/679

0…n

Text/date/identifier

First level query on disqualification

If the person who applies to be a director is a legal person

Name of the legal entity

Name of the legal entity which applies to be a director

1

Text

Legal form

Legal form of the legal entity which applies to be a director

1

Code

As referred to in Annex II to Directive (EU) 2017/1132 of the company therein or other legal form if the legal entity falls outside of the scope Directive (EU) 2017/1132

EUID

EUID if it is a company listed in Annex II to Directive (EU) 2017/1132.

1

Identifier

Other registration number

Other registration number if not a company listed in Annex II to Directive (EU) 2017/1132.

0

Identifier

Alternate ID

Other identifiers of the company (e.g. Legal Entity Identifier)

0…n

Identifier

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.

Member States shall provide information on the means of identification needed for an efficient exchange of information on disqualified directors. That information may consist in providing the data that is necessary to identify the persons covered by a request.

Member States may also use e-identification means for the identification of persons in the exchange of information.

Queries covering a legal person shall be sent only to those Member States which allow legal persons to be directors and which allow disqualification of such legal persons.

15.3.2.First level answer on disqualification

Data type

Description

Cardinality14

Additional description

Issuance Date and Time

Date and time when this answer was sent

1

Date and Time

Issuing Organisation

Name/Identifier of the organisation that issues this answer

1

Party data structure

Recipient Organisation

Name/Identifier of the register of the requesting Member State

1

Party data structure

Legislation Reference

Reference to relevant national or Union legislation

0…n

Text

Yes/no/no sufficient data for identification

‘Yes’ if the person is disqualified or is recorded in any of its registers that contain information relevant for disqualification of directors

‘No’ if the person is not disqualified or is not recorded in any of its registers that contain information relevant for disqualification of directors

‘No sufficient data for identification’ if the data provided does not make it possible to unequivocally identify the person and more information is needed.

1

Select an option

Further identification data required

Indicate what data is needed for unequivocal identification

1…n (only if no sufficient data for identification)

Text/date/identifier

No second level answer will be provided through BRIS

If “yes”, option to indicate that no answer will be provided for second level query through BRIS

0

Select the option

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.

15.3.2.1.Provision of further identification data

In case the requested Member State requires further identification data to ensure unequivocal identification, the requesting Member State shall provide the data using the following message format:

Data type

Description

Cardinality15

Additional description

Issuance Date and Time

Date and time when this query was sent

1

Date and Time

Issuing Organisation

Name/Identifier of the organisation that issues this query

1

Party data structure

Recipient Organisation

Name/Identifier of the register of the requested Member State

1

Party data structure

Legislation Reference

Reference to relevant national or Union legislation

0…n

Text

Further identification data

Further data required by the requested Member State to ensure unequivocal identification processed according to the requesting Member State’s national law and in compliance with Regulation (EU) 2016/679

1…n

Text/date/identifier

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.

15.3.3.Second level query on disqualification

Data type

Description

Cardinality16

Additional description

Issuance Date and Time

Date and time when this query was sent

1

Date and Time

Issuing Organisation

Name/Identifier of the organisation that issues this query

1

Party data structure

Recipient Organisation

Name/Identifier of the register of the requested Member State

1

Party data structure

Legislation Reference

Reference to relevant national or Union legislation

0…n

Text

Request further information

Request for further information

1…n

Request further information at least on one of the following:

  • grounds for disqualification under national law,

  • date of decision,

  • period or validity of the disqualification,

  • file number, issuer of the decision.

  • Information on any limitation to such disqualification (e.g. sector specific disqualifications)

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.

15.3.4.Second level answer on disqualification

Data type

Description

Cardinality17

Additional description

Issuance Date and Time

Date and time when this answer was sent

1

Date and Time

Issuing Organisation

Name/Identifier of the organisation that issues this answer

1

Party data structure

Recipient Organisation

Name/Identifier of the register of the requesting Member State

1

Party data structure

Legislation Reference

Reference to relevant national or Union legislation

0…n

Text

Further information

Request for further information

1…n

Further information at least on one of the following:

  • grounds for disqualification under national law,

  • date of decision,

  • period or validity of the disqualification,

  • file number, issuer of the decision.

  • Information on any limitation to such disqualification (e.g. sector specific disqualifications)

  • No further information provided in case the Member State’s national law does not allow further exchange of information - list data on which further information is not provided.

    (attachment of documents possible)

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.