Cadastral procedures have a very central role in the development of the society and in particular for its current structure. With that said, it is of great importance that the ordinances can be performed as efficiently and safely as possible. A cadastral procedure always starts with anapplication for a desired action to the cadastral authority. It is then surveyor´s responsibility to investigate the application to make it possible to take the next step and develop a suitable cadastral measure, which
Takes into consideration both public interests as well as the interests of the individual that has made the request. The cadastral procedure usually is a complex process, which is lined with many problems and requires great accuracy and good interpersonal skills.
One thing, which is of great importance in the process, is to verify that the applicant is indeed qualified as an interested party.
Therefore, this is what the surveyor always carries out first. The purpose of this study is to examine who has the right to represent the different legal persons in cadastral procedures, and in particular the right to represent foundations. This is done by studying existing legislation and also learning about the registration of representatives. Finally, we will give suggestions for improvements regarding the representatives of legal persons.
At cadastral procedures, both legal and natural persons may be present as an interested party.
Both the legal and the natural person may enter into agreements, acquire and own assets, but also have liabilities. A natural person refers to an individual who is the legally qualified owner and who is representing himself at cadastral procedures. A legal person may be a company, an organization or an association, such as economic associations, limited liability companies, partnerships, bankruptcy, estates, foundations, churches, municipalities and the state.
The legal persons have representatives who have the right to represent the legal persons at cadastral procedures. In most cases, you can easily find out who has the right to represent the legal person, but in some cases it is much more unclear. Information regarding representatives can be found in the records that are being kept about the different legal entities. In most cases these registers are complete and reliable, but there are exceptions. The exceptions are often to be found in the registry of foundations, more concretely among older foundations, which were formed before the law of 1996, and among the so--‐called family foundations.
A foundation is formed under the law (SL 1994: 1220) when a founder (natural or legal person) hands over a property to someone who is committed to permanently manage this for a particular purpose. There are two different forms of management, private and management.
At private management there is a governing body representing the foundation and at associated management, the administrator is representing the foundation. The role of the administrator is to respond to the requirements of the foundation, followed under 2 chap. 3 § SL, and to represent the foundation towards outsiders. The most important document of a foundation is the Foundation order, as the foundation's activities are based on these instructions regarding the foundation's purpose. When the law came into force in 1996, it became a requirement that the Foundation order
would be written according to 1 chap. 3§ 1 p. But before the introduction of the law, there were no formal rules on how the Foundation order would be designed. Therefore, it can sometimes be difficult to find out who is responsible for the management of the foundation and decide whether it has private or associated management, and thereby find out who has the right to represent the foundation. In 2010 there was a regulation in the law, in which almost all foundations, even older foundations, were required to be registered. Foundations had to become registered within five years. However, still today not all are registered. The so--‐called family foundations are still not subject to registration.
There are obvious problems with the foundation register because it is not complete and a cadastral surveyor can therefore not always get information about who is actually the authorized representative of a foundation.
It is therefore desirable that this register could be improved. To continue the surveyor´s investigative work without any problems according to the foundation registry, some improvement measures must be implemented. Suggested is that:
“Länsstyrelsen” receives additional resources so that the registration of foundations can be more effective
Additional resources to expand the control of the foundations already registered, so that their regulations are correct.
A regulation of the law, that would require all foundations, including family foundations , the egistration obligation.
In this way, foundations registry would be both reliable and complete.
2016. , 63 p.