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Let's clarify the concepts.
This article discusses whether special service recipients are also signatories
No, a special service recipient is not a signatory. These two roles serve entirely different functions within a company, and it is important to understand their distinction.
What is a Special Recipient of Service?
A special service recipient is a person appointed by the company to receive official documents, such as letters from authorities or courts, when the company does not have any authorized representatives (such as a board member or CEO) residing in Sweden. This requirement particularly applies if the company's management is located outside the European Economic Area.
(Bolagsverket).
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The task of the service recipient is to ensure that the company can be contacted in legal matters, but they have no authority to act on the company's behalf in other business or legal matters.
A signatory, on the other hand, is a person authorized to represent the company and enter into binding agreements or business transactions on its behalf.
The signatory can be a board member, CEO, or another person granted this authority by the company's board. The signatory is thus the one who can officially sign contracts and other legal documents that are binding for the company.
The Difference Between the Roles
The biggest difference between a special service recipient and a signatory lies in their legal responsibility and authority.
Special Service Recipient: Has no right to sign on behalf of the company or make business decisions for the company. This person has a very limited role, only responsible for receiving legal and official documents.
Signatory: Has the right to enter into legally binding agreements on behalf of the company and can make business decisions. The role carries more responsibility and authority compared to a service recipient.
It is therefore entirely possible for a company to have a special service recipient without that person having any right to act as a signatory. These functions can be completely separate and assigned to different individuals depending on the company's needs and structure (Bolagsverket).
A special service recipient has a strictly limited function within a company and is not the same as a signatory. The Special Recipient of Service is responsible for receiving important legal documents, while the signatory has the right to sign agreements and make decisions that affect the company’s operations.
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