EEO - Annex 2. RCS 62.40(5)

ANNEX 2 - Sample certificate under RCS 62.40(5) (EC Regulation 44/2001 authentic instruments)


Certificate in terms of Article 57(4) of the Council Regulation (EC) 44/2001 of 22 December 2000 on authentic instruments


Relating to


Minute of Agreement


By


Company A Limited


and


Company B  S.a.r.l. and Others


1. Member State of origin


 United Kingdom (Scotland)


2. Competent authority issuing the certificate


2.1 Name


Keeper of the Registers of Scotland (per the Department of the Chancery and Judicial Registers of Registers of Scotland)


2.2 Address


Meadowbank House

153 London Road

Edinburgh

EH8 7AU


2.3 Tel./e-mail


0131 659 6111

xxxx.xxxx@ros.gov.uk


3. Authority which has given authenticity to the instrument


3.1 Authority involved in the drawing up of the authentic instrument (if applicable)


Not applicable


3.1.1. Name and designation of authority


3.1.2 Place of authority


3.2 Authority which has registered the authentic instrument (if applicable)


Said Keeper of the Registers of Scotland


3.2.1 Type of authority


The said Keeper of the Registers of Scotland is a Registration authority. The authentic instrument was registered in the Register of Deeds and Probative Writs in the Books of Council and Session. This certificate is issued by authority of the Court of Session in terms of Rule 62.40(5) of the Rules of the Court of Session 1994 as amended.


3.2.2 Place of authority


United Kingdom (Scotland)


4. Authentic instrument


4.1 Description of the instrument


Minute of Agreement between Company A Limited, Company B S.a.r.l. Limited


4.2 Date


4.2.1 on which the instrument was drawn up


29 December 2008, 6 and 11 February 2009 and 3 April 2009


4.2.2 on which the instrument was registered


30 April 2009


4.3 Reference number


09/xxxxx


4.4 Parties to the instrument


4.4.1 Name of the creditor


Company A Limited


4.4.2 Names of the debtor(s)


Company B Sa.r.l.


5. Text of the enforceable obligation as annexed to this certificate


By virtue of the said authentic instrument annexed to this certificate, Company B S.a.r.l. a company incorporated Luxembourg whose registered office is at xxxxxx undertook by clause 5 of schedule part 1 of the Agreement to make certain payments on certain dates to Company A Limited. In particular Company B S.a.r.l. undertook to make a payment to Company A Limited of £500,000 (Sterling) on 1 June 2008. Company B S.a.r.l. failed to make that payment on the due date and continues to fail to make that payment.



The authentic instrument is enforceable against the debtor in the Member State of origin (Article 57(1) of the Regulation)


Done at Edinburgh



Date 5 June 2008    


[ Signed ]

Chancery & Judicial Registers

for Keeper of the Registers of Scotland



Registers of Scotland (RoS) seeks to ensure that the information published in the CAJR Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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