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Post by upthevilla on Sept 27, 2010 11:58:48 GMT 1
I Have just returned from our local Public notary and it is happening.
The fees she said are Public notary fee =1,200 Kuna The courts = 250 kuna Advertising in = 100 kuna Translation = 150 plus pdv =184.Kuna I have not done this for my company yet, so there might be some hidden extra`s.
I asked several questions, on behalf of our company owner clienst who live abroad.
1 . All directors are to come to Pula before 31st October, and sign paper work
2. We can send them a Punomoc and theywill have to go to the Croatian Embassy in London and have it signed and stamped there. To do this, they will need the company stamp and also the Punomoc in English Once signed at public notary you will have to DHL it back to us.
Do both, or all directors need be present ?= YES
Can we write to the courts explaining that the directors are not in the country at present and it will be signed as soon as they return ?= NO.
Does the Punomoc need to be an original ?= YES
Can our clients sign the Punomoc ,send it to us via DHL and we present it to you(the public notary ) = NO.
Those that do not complete the above are subject to fines. I asked ,
When will they start the fines ? = 7 days after
How will the fines work , is it random ? = No, it is a computerised programme, after 7 days, you will receive a letter and a fine, The first fine is likely to be 5,000 kuna and the fines will continue until it is done.
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Post by Carol on Sept 27, 2010 12:03:07 GMT 1
upthevilla... can there be a punomoc (POA) emailed to directors living abroad who sign it in front of a lawyer, then get it apostiled and posted back to someone in croatia who can deposit the papers on our behalf?
I am not sure if you just answered this, so sorry if its already in your post
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Post by Carol on Sept 27, 2010 12:05:03 GMT 1
or is it posible that the procedure varies by area, with Pula requiring the owner to stand in person in the court but others allowing a legal representative?
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Post by Carol on Sept 27, 2010 12:05:36 GMT 1
Its good of them to let us all know just as the summer is over and the flights are ending!
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Post by Carol on Sept 27, 2010 13:08:06 GMT 1
the notaries in Split are saying it can be done long distance, without the need for appearing in person. I am not saying you can do it this way... just that is what they are saying but then it so often happens that people say one thing and without shame say the opposite later that I am not confident. time will tell.
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Post by upthevilla on Sept 27, 2010 13:20:05 GMT 1
Yes the Punomoc can be sent to owners overseas, But they need to get it signed at a Croatia public notary in the Uk, The only one i know of is at the embassy in London.
I will have to check the bit about the apostle. But if you are going to M K to get it appostlised , then you may as well go to london, I am not sure and i will ask tomorrow.i think they have had enough of me for one day
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Post by crojoe on Sept 27, 2010 13:21:28 GMT 1
What's the official Croatian name of the procedure? Is there a form(s) to fill in? Rubbish that the notary gets 1200 and the court only 250. Something’s a bit fishy. I'm going to wait. It's even more rubbish that each owners have to appear in person, as though everyone can just hop skip and jump to a Croatian embassy. Whoever thought this one up sure has his/her head up their wrong end.
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Post by Carol on Sept 27, 2010 15:11:45 GMT 1
the apostile procedure is to get a document legalised. 1. email sent from Croatia to Uk with document attached. 2. recipient prints off document and takes it to a lawyer. Signs it in front of the lawyer who stamps it with their stamp (yes sometimes there are stamps in England too!). Pay lawyer - anything up to £50 but any lawyer friend will likely do it for free as it takes approx 5 seconds. 3. Post or bring in person to the Foreign & Commonwealth Office in Whitehall. They have a legalisation department. By post is more convenient, in person is quicker as they have a while-u-wait service. Pay more money to FCO - details on their website. 4. Post back to the person who is helping you in Croatia.
Its not exactly hassle free, but it is cheaper than days off work and return flights to Croatia
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Post by Deleted on Sept 28, 2010 0:49:01 GMT 1
Thank god I have been informed they have a buyer for my place coming this week..........its almost over for me.
Just reading the thought of this still going on for everyone.......more stupidity, more threats. Last time i came it was the we are going to sell your AG land for you....... it will never stop!!!
Whether true or not, everyone is so used to being alarmed and some imminent disaster, it makes your heart jump. Just like it just did here to me.
With any luck, me and most of my money will be outta there ASAP.
Once gone and Rover gone, I might come back and close the company.....lol.
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Post by upthevilla on Sept 28, 2010 11:25:08 GMT 1
I have been inindated with questions about this. I have since been to the public notary again in Pula I have also spoke with Croatian embassy in the Uk. There are many questions and answers and i have written a web page for them, I hope this makes it easier. the direct link is www.istria-realestate4u.com/istriarealeste-facts/Croatiancompanysetuplawchange.htmI will be adding to it over the next few days as more is learnt. If you have any more questions just let me know and i will try and find the asnwers
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Post by crojoe on Sept 28, 2010 11:56:21 GMT 1
Upthevilla and over the hill to the million dollar pad...
I tried to locate the file number you put but it doesn’t correspond. Can you put a link to the actual article, or even go a step firther and grab the article and using Google translator post the rough English translation here? TX!
91/2010 Article 52 23.07.2010.
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Post by Carol on Sept 28, 2010 11:57:16 GMT 1
I followed your link dave. It is very good (and it corrects my inaccurate statement that the FCO legalislation is still in Whitehall - actually its in Milton keynes now).
The only question left that people are askign me is "why?". I am telling them the truth - I don't know why, but I think that given the way it has been handled (i.e. completey unadvertised) that it is something for which the Croatian government is expecting to collect fines.
Just to check - does anyone know if the 31/10/10 deadline is for submission to the commercial court or approval by the commercial court (because these are two very different things).
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Post by Carol on Sept 28, 2010 12:12:01 GMT 1
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Post by Carol on Sept 28, 2010 12:13:39 GMT 1
This is google's translation of the clause TRANSITIONAL AND FINAL PROVISIONS
Article 52
(1) companies in which members of society are not entered in the register, in terms of this Act to members of the society entered into the register, shall not later than 31 October 2010. submit a registration application to court for the entry of members of the prescribed data.
(2) The application referred to in paragraph 1 this Article shall submit a list of members of the society signed by a notary public, who must make in accordance with Article 410 Paragraph 3 Companies Act (Official Gazette no. 111/93., 34/99., 52/00., 118/03.,. 107/07, 146/08. And 137/09.). On this list, a notary public must attest that everything in the list provided in accordance with the data in the latest census, which was submitted to court registry is data in the book of business to share an excerpt from the book of that notary public provide management societies. Copy of the list, the notary is obliged to inform the tax office.
(3) a company that does not comply with the provisions of paragraph 1 and 2 this Article, the registration court shall impose a fine of 5.000,00 kuna and threaten him that the new fine will be imposed if within a further period of 15 days fails to submit a list of members of the first paragraph and 2 this article. New fines will increase the amount of HRK 5.000,00 to the fulfillment of the obligation.
(4) The payment of fines imposed under the provisions of this Article shall also apply the provisions of Article 81 Paragraph 4 this Act.
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Post by crojoe on Sept 28, 2010 12:14:04 GMT 1
With it being in Milton, make sure you check opening hours on their web site, as funny enough I drove all the way from Croatia, arriving early morning to Dover, then thinking to hit two birds with one stone I drove to this Milton Keynes office to do paperwork only to find it was "training day", thus closed. I even splashed out 50 pence for parking. Thankfully I was on my way to Leicester, but then had to make that trip down again the next day just for one paper. Just frustrated after driving so far.
Don't worry while at the office if you feel you’re in Afghanistan, Pakistan or some other foreign country. Seems a favourite haunt for foreigners to hang out. At least I noticed plenty of seats, free water, plenty of forms, smiling staff who answered questions and you even got a bingo number to wait your turn.
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