The clerk or the person in charge of the competent body in the State party
overseeing the Register of Commerce and Securities shall ensure that,under his responsibility,
the application and the declaration are complete and shall verify the veracity of their particulars
against the supporting documents submitted as stipulated in articles 50and58above.
The clerk or the person in charge of the competent body in the State party shall make all
verifications on the formal regularity of the application and the declaration that are submitted.
If there are inaccuracies or there are problems in the performance of his duties, the clerk may
summon the applicant or the declarantso as to get explanations and additional documents.
Thedecisionofthe clerkorthe person in charge of the bodycompetentinthe State partyrendered
pursuant to article50abovemustbemotivatedandnotifiedtotheinterested party. This decision is
subject to appeal within fifteen (15) days from the date of notification. The clerk or the person
in charge of the competent body in the State party, who has rejected an application or
declaration, or has refused to grant a requestfor supporting documentsorinformationof a person
under the obligation to registerora thirdparty mustmotivate hisdecision and notify the interested
party. This decision may be appealed within a period of fifteen (15) days of the date of
thenotification.
The appeal against the decision of the clerk or the person in charge of the competent body in the
State party shall be made before the competent court or competent authority in the State
partyruling expeditiously. Thedecisionofthecompetent court orthe competent body in the State
party shall be subject to appeal, within a period of fifteen (15) days from the date of the
decision, to the competent court of appeal acting in the samemanner.
The procedure described above shall apply to disputes between persons under obligation to
register or declarants and the court clerk or the person in charge of the competent body in the
State party, andbetweenthethird partyandtheclerkortheperson in charge of the competentbody
inthe Stateparty.
Unofficial translation
Spot-checked
In force from 15 December 2010
Source page 27