ccbrcheckrechtspraak
A company can check in the register whether someone is under guardianship or administration. The aim is to prevent unwanted transactions. CCBR check enables companies to recognize persons whose financial matters are under guardianship or administration during onboarding or in a purchasing process. The process can act on this info and prevent the person concerned from becoming a customer, entering into a contract or receiving benefits. In short: The register protects vulnerable persons and companies against undesirable situations, commitments and wastage of money. There are appr. 250,000 persons under administration and +/- 60,000 persons under guardianship (Source: Rechtspraak.nl 2022). NL has 13.3 million 18+ people (Source: CBS 2023). This means that 2.43% of adults are under guardianship or administration.
CCBR check connects with the database of Rechtspraak.nl. The courts publish the data in CCBR. In the registry are:
All guardianships. Data from before 1996 may not be complete, but missing data can be requested from the court.
All administration from 1 January 2014*. Administrations pronounced before this date are often not public, unless the court has decided otherwise.
*Exception: Persons whose financial affairs have been placed under administration due to physical or mental circumstances, of which the court has decided that publication is not necessary
How long has a person been on the register?
If the guardianship or administration ends, the person will be deregistered from the register. Court is responsible for this. Time of deregistration depends on the reason for termination. There is no fixed period. The court determines per person whether he can be deregistered.
Guardianship is a way of protecting someone who cannot take good care of his money, property and personal affairs. The court appoints a curator who does this for him. Someone who is under guardianship is legally incapacitated. He may not enter into contracts independently or have authority over children. The court will only order guardianship if the lighter forms of protection (administration or mentorship) are insufficient. In practice, this concerns people who suffer from a mental disorder, spend too much money or are addicted to alcohol or drugs.
If you are legally incapacitated and perform a legal act, the legal act is voidable. Or if you perform a unilateral legal act, it is null and void. This means that all actions that have been done must be reversed. If it is not possible to reverse an action, compensation must be paid by the company to the curator. All payments go to the curator. Nullity occurs by operation of law. An appeal for nullity is not necessary. CCBR check helps companies to avoid this situation and its consequential damage.
decide on the person's money and property.
pay bills, apply for benefits/allowances, do administration and tax returns.
arranging the care, treatment and supervision of the person concerned.
represent the person concerned during discussions with care providers or institutions.
take action if the person concerned does not receive the care he needs.
report (financially) to the court on the progress of the guardianship.
A person may have 1 or 2 curators. This can be a private curator. Think of a family member or acquaintance. Or a professional curator who supervises more people.
If someone is no longer able to take good care of his money matters, the court can appoint an administrator to manage these money matters. The court checks whether the administrator is doing the right thing. Companies can only enter into contracts or financial affairs with the person after the approval of the administrator (if administration has been registered).
The court can impose a temporary form of protection. He then appoints a (provisional) administrator. This protects the financial and personal interests. Temporary form of protection runs until there is a curator. Or until the court has rejected the request for guardianship.
The administrator can have the person listed in the CCBR register (just like a judge), so that companies must first arrange approval with the administrator. Those who are placed under administration are no longer allowed to know for themselves what they do with their goods and money. That is what an administrator does. However, the person concerned remains legally competent.
Mentorship occurs when someone cannot decide on personal (non-financial) matters such as care, treatment and guidance. Judge appoints a mentor who makes the decisions for him.
With Bluem's CCBR REST API web service, a company connects to the CCBR system. It is a real-time check request with an instant response. The (online) customer doesn’t notice the check and doesn’t have to do anything for it. In seconds your system receives the answer and knows whether a person is in CCBR. Bluem's smart CCBR connnection minimizes the chance of 'false-positives' & '-negatives'. The CCBR service uses the same REST API and Dashboard as other Bluem services.
CCBR check®: Protect vulnerable people & avoid unwanted situations and financial damage for your organization.
