REGISTRATION STATEMENT IN CONNECTION WITH PARTICIPATING IN AUCTIONS INVOLVING INTERNET BIDDING via the website:

Transcription

1 REGISTRATION STATEMENT IN CONNECTION WITH PARTICIPATING IN AUCTIONS INVOLVING INTERNET BIDDING via the website: Please do not forget to fill in this form completely, to initial every page, to place your signature at page 3 and to legalize your signature by a notary THE UNDERSIGNED: Name: First names: Address: Postcode and city: Place and date of birth: Nationality: (Daytime) telephone no.: Mobile: Username chosen on Website: address: If this registration is taking place on behalf of a legal entity/company, also provide the following information: Hereby acting as: _ (specify the capacity, for example, board member or authorized person and also send documentary evidence of authorization including, in any case, a recent extract from the Trade Register and, if applicable, an original copy of the power of attorney) of (name): With (its registered) office/residence in: Actual address: Chamber of Commerce reference number: The Undersigned and/or aforementioned legal entity, hereinafter to be referred to as: the Registered Person, DECLARES THE FOLLOWING: 1. The Registered Person wishes to have the option to place Bids via the website ( the Website ) concerning both voluntary and foreclosure auctions of property (subject to registration; the Auction ). Page 1 of 5

2 2. The Registered Person has registered for this purpose on the Website under the Username specified by the undersigned above. 3. The legal entity who manages the Website and/or facilitates the Auction (the Auction House ), the civil-law notary in front of whom an Auction takes place (the "Auction Civil-law Notary ) and the Platform Civil-law Notary to be specified below may send messages regarding an Auction to the address specified for this by the Registered Person and the address specified at any time by the Registered Person via his or her user account on the Website. 4. The Registered Person declares that he or she shall take cognizance of the General Auction Terms and Conditions, Special Auction Terms and Conditions, Bidding Protocol and any other rules and regulations that have been declared applicable at that time on the Website and, in particular, of the exclusions and liability limitations of the Auction House, the Seller, the Auction Civil-law Notary and the Platform Civil-law Notary that have been included therein. 5. The Registered Person is aware that he or she must agree with the applicable General Terms and Conditions at that time including the changes that may have to be implemented in the interim period with regard to this as well as the Special Auction Terms and Condition that may apply to the Auction prior to every Auction in which he or she wishes to participate via the Website. 6. The Registered Person shall peruse the information made available by and on behalf of the entity on whose instruction the items (subject to registration) are being auctioned (the Seller ), the Auction House and the Auction Civil-law Notary and the condition of the items (subject to registration) prior to every Auction in the widest sense of the word. The Registered Person shall sufficiently check and read the messages that have arrived at the aforementioned address. 7. The Registered Person is aware that the Bids that are placed via the Website are under the supervision of a civil-law notary or this person's deputy and/or an added civil-law notary linked to Nysingh Advocaten-Notarissen N.V. with its registered office in Apeldoorn and with offices in Arnhem and Zwolle: ( Platform Civil-law Notary ). The present declaration signed by the Registered Person shall be kept safe by the Platform Civil-law Notary. The Registered Person gives permission to the Platform Civil-law Notary to issue to the Auction Civil-law Notary certified copies of this declaration signed by the Registered Person and the related enclosures if this should be deemed important for the Auction Civil-law Notary in connection with the Registered Person participating in an Auction. 8. The Username (as specified above) and the password selected by the Registered Person that has been made available to the Registered Person via the Website are strictly personal and may not be transferred to third parties by the Registered Person. If the Registered Person should believe that a third party is aware of his or her password, the Registered Person must inform the Auction House about this immediately. The further access to the Website shall, subsequently, be blocked to prevent abuse in the name of the Registered Person. 9. The Registered Person is aware that every Bid made while using his or her password and Username (linked to the user number allocated by the Auction House) through the aforementioned Website is unconditional, irrevocable and without any reservations. Page 2 of 5

3 The Registered Person is also aware that the Auction Terms and Conditions may determine that he or she shall remain bound by his or her Bid as the Bidder even when this is not the highest Bid and regardless of whether this Bid has been placed during the Ascending-bid Session or Descending-price Session up to two weeks after the Auction or that much earlier if: - It has been determined that it is not being awarded; or - The Auction is being cancelled. 10. If Bids have been received that have been made by using the password and Username of the Registered Person, these Bids shall be regarded as being Bids that have been made by the Registered Person himself or herself and the Registered Person shall be bound by the, thus, made Bids even when his or her password and/or Username have been used improperly and he or she shall be liable for complying with the obligations that arise from making the relevant Bids. 11. The Auction House, the Platform Civil-law Notary or the Auction Civil-law Notary may demand that the Registered Person signs the present declaration again in the presence of a civil-law notary and/or that the Registered Person submits again a copy of valid proof of identity provided with a declaration under the Dutch Money Laundering and Terrorist Financing (Prevention) Act executed in front of a civil-law notary. This may, in any case, be demanded when the validity duration of the proof of identity that the Registered Person used for the legalization of his or her signature is no longer valid. 12. If the undersigned declares to act on behalf of a legal entity in accordance with the details filled out in this declaration without being authorized to represent this legal entity (for example, because of special provisions contained in articles of incorporation and/or, there is no power of attorney or procuration or it does not cover matters sufficiently or in some other way), the undersigned shall be privately bound to the, thus, placed Bid and liable for complying with the obligations that arise from placing Bids with the aforementioned Username as well as liable privately for the losses that the Auction House, Seller, Platform Civil-law Notary, Auction Civil-law Notary or other entities may suffer as a result of unauthorized performed actions. 13 The Registered Person declares to be aware of the fact that the Platform Civil-law Notary and the Auction Civil-law Notary must comply with the guidelines and policy rules of the Dutch Royal Notarial Association and also the regulations that apply in the Netherlands including, in particular, the Dutch Money Laundering and Terrorist Financing (Prevention) Act. The Platform Civil-law Notary or Auction Civil-law Notary may have to report situations or transaction of an unusual nature to the Financial Intelligence Unit Netherlands or any other body appointed for this purpose in legislation in relation to the above. In accordance to the law, a civil-law notary may not inform his or her client of such a report. The Registered Person declares that he or she agrees with this. Signed in:...on (Signature of the Registered Person) Page 3 of 5

4 IDENTIFICATION/LEGALIZATION THE UNDERSIGNED:..., civil-law notary (mr.), declares that he/she has identified the following person: Initials/ name:.... Proof of identity: passport/driving license/id card with number. Issued in/by:. on:. (hereinafter to be referred to as the "Undersigned"), in person in accordance with the copy of the proof of identity attached to this declaration in accordance with the rules of the Dutch Money Laundering and Terrorist Financing (Prevention) Act; And also declares that: a. The signature of the Undersigned added above has been authenticated by the undersigned, (junior) civil-law notary, based on the provisions contained in section 52, paragraph 2, of the Dutch Notaries Act; b. A copy from the Verification Identification System has been requested to check that the relevant proof of identity is not registered as missing; c. The civil-law notary signing this document has expressly not verified whether the content of this document matched the will of the Undersigned in connection with the authentication of the signature; d. The following are attached to this declaration: 1. A copy of the aforementioned proof of identity of the Undersigned based on which the identification took place; and 2. A copy from the Verification Identification System. Each of the aforementioned documents have a signature and an official seal or stamp of the signing civil-law notary.... (signature & official stamp of the civil-law notary) The originally signed and authenticated and provided with enclosures as specified above must be returned to Nysingh Advocaten-Notarissen N.V., Auctions department, for the attention of civil-law notary Ms. E.M. Dutmer (mr.), PO Box 9220, 6800 KA Arnhem (or: Velperweg 10, 6824 BH Arnhem). If the Auction in which the Registered Person wishes to participate is to take place soon and timely sending by post is impossible, this signed and authenticated declaration with enclosures may be sent by by the civil-law notary who has authenticated the signature to: veilingen@nysingh.nl. The civil-law notary may also fax it to: +31 (0) Page 4 of 5

5 The Platform Civil-law Notary cannot process this statement if the statement is completed incorrectly or if attachments are missing. Please check the points below before you send this statement to the Platform Civil-law Notary: [ ] did you read the statement well? [ ] is the statement filled in completely? [ ] is the username on page 1 exactly the same as the username on the Website? [ ] is the address on page 1 the same as the address on the Website? [ ] is every page initialed by you and did you place your signature on page 3? [ ] is your signature legalized by a notary? (check page 4) [ ] are all attachments attached? Think about: [ ] A by the notary certified copy of your proof of identity (check page 4, point d); [ ] in case you act on behalf of a power of attorney: a copy of the power of attorney. [ ] in case you would like to bid on behalf of a legal entity/company: a recent extract from the Trade Register that substantiates your authority to act on behalf of the legal entity/company (if the legal entity/company is managed by another legal entity/company, please add a recent extract from the Trade Register of this legal entity/company); If you are solely jointly authorized to represent a legal entity, please fill in the details of both/all of the authorized persons on page 1, sign both on page 3 and legalize both of the signatures. If you have checked all of the points above, send the original documents to the Platform Civil-law Notary. Nysingh Advocaten-Notarissen N.V., Afdeling Veilingen, attn. Ms. E.M. Dutmer PO Box. 9220, 6800 KA Arnhem (Velperweg 10, 6824 BH Arnhem). If the Auction you would like to participate in will take place on short term and timely transmission by post is impossible, this signed and legalized statement including attachments can be shipped forward by mail to: veilingen@nysingh.nl or by fax: by the notary who has done the legalization. Please send the original as quick as possible by post afterwards. You will receive a receipt confirmation by mail as quickly as possible by Nysingh. Page 5 of 5