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(1914) [MARC] Author: Joseph Guinchard
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698

XII. SYNOPSIS OF TRADE AND INDUSTRIAL LEGISLATION.

Certain other occupations are subjected to special restrictions, thus," for instance,
chimney-sweeping in towns. Then again, chauffeurs and motor-cab owners
require certificates of competence (Ordinance of 1906).

A special license is required for the exhibition of Cinematograph films both
in town and country, and all films have to pass censure, except those
representing events of the day (Ordinance of 1911).

A special license is required for keeping a registry office for servants
(Ordinance of 1884), or an emigrants agency (Ordinance of 1893).

The relations of manufacturers or traders to the workmen in their
employ come under various Acts; thus, for instance the Liberty of Trade
Ordinance, the Ordinance of 1896 providing for measures to prevent
necrosis among workmen engaged in match factories, the Sale of Lucifer
(Phosphorus) Matches Ordinance of 1900, the Protection of Workers Act
of 1912, and so forth. For a more detailed account of legislation on this
subject see the section Legislation for the Protection of Workers (p. I, 704).

Companies.

The Swedish Companies Acts distinguish between three different kinds
of companies, namely handelsbolag, or partnership, enkelt bolag, or
private company, and aktiebolag, or joint-stock company.

A handelsbolag, (literally: trading company) or partnership, is a company
formed by two or more persons for the purpose of any kind of trade in which
the keeping of merchant’s books is obligatory (Law of 1895). The obligation
to keep books devolves on all persons, companies, or societies, that carry on
business, wholesale or retail, or manufacture goods with a view to profit
(Ordinance of 1855; law of 1895). A handelsbolag is at Swedish law a legal
persona, which as such, can acquire rights, incur liabilities, and enter into legal
proceedings. The rights and liabilities of the partners during the life of the firm
are determined by contract. Each of the partners is, as a rule, entitled to act
on behalf of the firm. Profit and loss are distributed between the partners pro
rata. If certain principles have been agreed upon for the distribution of profit
"solely or loss solely, they shall hold good in the distribution both of profit and
of loss. Partner is not liable, at the instigation of his co-partners, to advance
■capital beyond the amount of his share. Apart from agreement, each of the
partners binds the firm. The members of a handelsbolag are jointly and severally
liable for firm debts. (Law of 1895.)

Besides the ordinary handelsbolag, which as will have been seen corresponds
approximately to a partnership in England, the Swedish law recognizes limited
partnerships, or partnerships in commandite (kommanditbolag). What constitutes
a kommanditbolag, is that one or more (not all together) of its members have
reserved themselves the right of not being liable for more than he or they have
invested, or have engaged to invest, in the company. A firm of this kind shall
•contain the word "kommanditbolag". Unless otherwise agreed, a member of
a kommanditbolag (which very nearly corresponds to a "sleeping partner in
England") is not entitled to participate in the management of the business,
and his acts do not bind the firm. (Law of 1895.)

Enkelt bolag, (literally: simple company) is the Swedish term for what in
English would be called a private company. Should an enkelt bolag be
registered, as sometimes happens, it is deemed to be a handelsbolag. An enkelt

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