Please note that the documents submitted to the registrar are disclosed in the commercial register and are visible to everyone. The management board of the apartement association must ensure that these documents do not contain personal data and other senisitive discussions. A full-lenght protocol should be sent to the registrar only if it does not contain mentioned information. Otherwise an extract of the minutes signed by the management board should be used.
The Commercial Register Act entered into force as of 1.02.2023. It regulates the obligation to submit documents that constitute the grounds for the entry to the register and also where these documents are stored in the commercial register. The Commercial Register Act also applies to appartmenet associations.
Commercial Register Act § 37 stipulates that an entry in commercial register is based on a petition. In accordance to § 37 section 2 a legal person must submit the documents providing the grounds for an entry or amendment thereof to the registrar. The data and documents submitted to the registrar by a legal person are disclosed in the public file of commercial register (see § 25 section 1) and everyone has the right to examine these (see § 30). We would like to draw your attention that in accordance to § 25 section 1 the registrar has an obligation to disclose submitted documents and data.
The document that constitutes the grounds for an entry can be, for example, minutes of a meeting. As this can be very detailed and contain personal data or sensitiive discussions that should not be disclosed, we would like to draw attention to the fact that in accordance to CRA § 37 section 3 an extract from the minutes which contains only the resolution providing the grounds for the register data, may be submitted to the registrar instead of the full-lenght minutes of the meeting. An example template of the protocol extract can be found on the Help website: https://abiinfo.rik.ee/en/applications-and-dashboard/templates/changes-management-board (see e.g. extending the term of office of a member of the management board).