Thursday, 12 March 2009

Central Register for Namibia

The following report was prepared for a workshop in August 1999 held in Windhoek. Some interesting reading on what the original business idea was. Posted here for posterity.


Milton

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Central Register for Namibia


Prepared by:

Creditreform International

Dr. Dieter S├╝dhofen, Secretary General

Preamble:

The special political situation as well as the reorganisation and restructuring of the state machinery aimed at in Namibia have provided a special opportunity to set up a central register which is organised in accordance with the latest aspects of computing, takes all essential legislation concerning data protection into account and reaches an efficiency ratio which Germany can unfortunately only dream of at present. The knowledge gained from setting up a modern central register could then be made available to other countries.

Objectives:

The data which has to be processed by state institutions for a modern social market economy should be organised with the aid of the latest data technology. Germany should be taken as a basis with regard to the essential data. Sufficient experience regarding the individual data necessary has been gathered here as a result of successfully establishing a social market economy. The updating and use of the data has to be separately analysed for Namibia to bring about the optimum benefit for Namibia. Any implementation of the project should fundamentally begin with the core applications. A feasibility study would have to be ordered in the short term to examine the further development of the project.

Contents and Set-up of a Central Register in Namibia

The registers kept in Germany are described in more detail below. They have grown historically and are, for the most part, still administered by hand at present. Various neighbouring countries are already way ahead in that respect, by administering the data fully by computer technology. When setting up a new central register, it should therefore, from the very beginning, be set up and organised from the viewpoint of today’s computer technology. Starting out from the natural and legal persons, it is necessary to set up a total stock of data which forms the basis for all essential registers. From that, each individual register independently and responsibly administers the which concerns it. Every access is recorded taking the law on data protection into account. The access authorisations of individual employees are controlled by computer in accordance with work sequence requirements.

After the total quantity of data has been put together, it must finally be determined what data is available at what offices on what medium in Namibia, so that it can be used as the basis such an entire central register. The total quantities can then be approximately determined and a rough computing concept can be drawn up.

Realisation of a Public Register

1.Principle and goal for the realisation of a public register

The creation of a register for recording and collecting stocks of data results from, amongst other things, the necessity to check, protect and historically prove data and its origin.

The aim thereby, with regard to the final result of all data recorded, must be to completely show facts and information which can be checked and controlled as regards the legislation on data protection. The consistent realisation of a register offers the basis for information systems and applications in industry and administration. On the whole, this offers the chance to set up databases and application systems in a co-ordinated and homogenous manner whilst avoiding a proliferation of partial solutions and insular solutions – as is the case in Germany for example – which can hardly be combined and co-ordinated in future.

1.1 Prerequisite

Setting-up of a central database adapted to the requirements, with the possibility of locally updating the respective stock of data to be processed.

1.2 The Central database

All externally recorded and processed information of the public register should be gathered and stored in this database.

1.3 External database stations

Data is recorded, processed and used here in different areas. The respective data stock of these database stations should be transmitted to the central database daily, to enable data security (storage) on the one hand and, on the other hand, the use of essential information by calling up other external database stations. Additionally, a speedy exchange of information between the different database stations would be possible in that way.

1.4 Central and local solutions and applications

Based on the central register, applications which support administrative, economic and social interests from the municipal and regional level to the national level have to be added for the different specialised requirements.

2. Contents of the public register

2.1 Register of residents

This external database station generally registers private person’s data. Persons are registered here along with their personal data by the respective local government body (town, local authority). The citizens of a country are registered here in the entirety of all the data recorded. The stored information serves the duties to report and register and is stored as a basis for internal and external administrative purposes.

2.1.1 Contents

- Surname, first name

- Date of birth

- Nationality

- Occupation

- Title

- Employer

- Home address (street/place)

- Resident there since when:

- Moved from which address

- Marital status

- Name of spouse, if married

- Spouse’s date of birth

- Spouse’s occupation

- Number of children

- Name of children

- Children’s date of birth

- Address if parents are separated

- Earlier home addresses

2.2 Commercial register data

All information relating to commercial register data should be administered in this external database station. It should be kept as an official and public register of all fully qualified merchants. The aim and object of the commercial register is to officially deposit commercial and legal basis contracts of all fully qualified merchants active in business, to enable them to be checked and historically proven.

2.2.1 Contents of the commercial register database

Facts requiring registration:

a) Name of company

- complete company name

- legal form

b) Corporate domicile of the company

- address (place and street / P.O. Box

- addresses of any branch offices

c) Purpose of the company

- branch number (s)

- tax number

- turnover tax identification number (VAT)

d) Owners and partners

- name, personal place of residence (address)

- date of birth

- name of occupation, title

e) Subscribed capital

- sum of liable capital

- capital shares paid up and still outstanding

f) List of partners (sum of capital shares)

- name and address of the individual partners

- plus date of birth in case of private persons

- plus commercial register number in the case of company holdings

g) Managing persons in relation to third parties

- managing directors, supervisory board members, management board members,

- advisory board members, authorised officers

- name and address plus date of birth, name of occupation, title

h) Financial statements deposited

- business reports

- balance-sheet-data

- notes to the financial statements

- annual report

i) Notarial deeds (instruments)

- the company’s official documents

- memorandums of association

- amending contracts

- supplementary contracts

j) Peculiarities

- licences

- patents

- utility models / registered designs

2.3 Register of co-operative societies

This external database serves to prove the legal relations of the co-operative societies to the general public. It exists as an independent register in addition to the commercial register. The functions and objectives are comparable.

2.3.1 Contents of the register of co-operative societies

They are identical to the data of the commercial register, but should be supplemented by the following additional points:

a) the articles of association, which have to be signed by the members

b) a list of members (holders of shares in the co-operative society)

c) the duration of the co-operative society, if it is limited to a certain period only

2.4 Insolvent debtors’ data / Register of insolvent debtors

Facts requiring registration:

a) Surname of the person

b) All known first names of the person

c) Date of birth

d) Place of residence (street/place)

e) Any second place of residence

f) Name of occupation (title)

g) Stage names, if existent

h) Form of entry in the insolvent debtors’ register

2.4.2 Contents of insolvent debtors’ data for legal persons

Facts requiring registration:

a) Name of company

b) Address (street/place)

c) P.O. Box /town

d) Representatives of the company in relation to third parties

- e.g. the managing directors

- surname / first name

- address (private)

- date of birth

e) The company’s commercial register

f) Commercial register number

g) Form of entry in the insolvent debtors’ register

2.5 Marriage property register

In this external database station, spouses have the possibility of having the property regime of spouses’ property increments agreed upon by contracts (marriage contract) and registered. The main function of the marriage property register is to document marital communities of accrued gain or marital ties regulated by a marriage contract, so they can be used as a basis for any legal disputes.

2.5.1 Contents

a) Surname/first name of the wife/husband

b) Maiden name of wife/husband if applicable

c) Dates of birth of the married couple

d) Date of marriage

e) Date of marriage contract

f) Notarial recording of the marriage contract

2.6 Register of associations

Groupings (associations) whose purpose is not directed towards a commercial establishment are registered here. The independent register of associations is otherwise to be treated equivalent to the commercial register and the register of co-operative societies and, in that respect, also has the same functions of registration, checking and control.

2.6.1 Contents

a) Name of the association

b) Address (street/place)

c) Members of the association

- Surname, first name

- Address (private)

- Date of birth

d) Association’s registration number

e) Association’s registry court

f) Representative authority of the persons representing in relation to third parties

2.7 Trade Register

Traders have to be recorded in this external database station, irrespective of their legal form. In that respect, the trade register stores all necessary information for offices which further process that information. It is deemed to be, amongst other things, the basis and starting point for the taxation of persons carrying on a trade. No trade may be carried on without being registered in this register. Following an examination, the trade register grants a trade licence and checks how the trade is allowed for example, such as a health certificate in the case of traders in the field of foodstuffs or gastronomy, are checked and monitored.

2.7.1 Contents

- Surname, first name of the trader

- The owner’s address (street/P.O. Box /place)

- Owner’s date of birth

- Owner’s occupation / name of occupation

- Existing titles (e.g. title of Master craftsman)

- Purpose of the business

- Address of the business premises or any branch offices

- Essential special certificates

- Permits for special business enterprises

2.8 Land register

All information concerning the residential property and real estate of private persons and legal persons (companies) should be recorded in the land register. The land register is the official basis for registering private residential property and real estate as well as any financial encumbrance (mortgages), which are entered as a land charge in the land register. It provides information on the actual current owner of a house/property) and on any previous owners. The property situation is clearly registered and laid down with the aid of that data.

2.8.1 Contents

- Address of real estate property

- Size of the real estate / the property in square metres

- Current market value

- Sum of the registered land charge

- Financing mortgage bank

- Surname / first name of the owner (part-owner)

- Date of birth

- Private address of the owner

- Size of the registered property as a percentage

- Date of the purchase of the property

- Former owners

- Notarial recordings

2.9 Register of bankruptcies and compositions

Entries of or about private persons and legal persons with regard to bankruptcy and composition proceedings applied for, opened, to be carried out or ended are stored here. The register registers, co-ordinates and monitors the measures to be carried out in things, as an intermediary point between the bankruptcy and / or composition proceedings, the courts and the respective creditors. The official dates are recorded here and released for publication.

2.9.1 Contents for private persons

- Reference number

- Surname, first name

- Address (street / place)

- Date of birth

- Occupation

- Employer

- Marital status

- Name of spouse

- Application data – composition

- Opening data – composition/bankruptcy

- Closing data - composition/bankruptcy

- Measures taken

- Auctions

- Levies of execution

2.9.2 Contents for legal persons

- Reference number

- Company name

- Address (street / place)

- Commercial register data (district court/commercial register number)

- Purpose of the company

- Representatives of the company

- Name of the capital holders (partners)

- Address of the partners (plus date of birth)

- Name of the persons representing the company in relation to third parties

- Address of those persons (plus date of birth)

- Application data – composition/bankruptcy

- Bankruptcy/composition trustee

- Official receivership data (prohibitions of sale)

- Name of official receiver

- Stipulated dates (examination dates)

- Opening data – composition/bankruptcy

- Closing data - composition/bankruptcy

- Measures taken

- Auctions

- Levies of execution

- The company’s assets

- The company’s liabilities

- Composition dividends

- Bankruptcy realisation assets

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