Amendments To The Law "on The Enterprise Register Of The Republic Of Latvia"

Original Language Title: Grozījumi likumā "Par Latvijas Republikas Uzņēmumu reģistru"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on enterprise register of the Republic of Latvia" make law "on the enterprise register of the Republic of Latvia (Republic of Latvia Supreme Council and the Government of the rapporteur, 1990, 49. no; 1991, 27.-28. No. 18/19; 1992. no; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, nr. 1; 1997, 5, no. 11; in 1998, no 1; 1999, nr. 24; 2001, no. 15; 2002, no. 23; 2003, no. 14; 2004, 4, 8, no. 22; in 2005, No 7; 2006, no. 14; 2007, nr. 24; 2008, no. 8; 2009, 3., 9., no. 22; Latvian journal 183. nr., 2010; 199. in 2012, no; 13, 97, 228. no; 2014, 25, nr. 257.; 241. in 2016, 31, no.) the following amendments: 1. Express article 2 by the following: ' article 2. Register log carriage company logs in accordance with this law and other regulations, leading companies. " 2. Replace paragraph 3 of article 4, the word "registered" with the words "will not accept a separate decision record". 3. Make the following wording of article 4.4: "4.4 article. Records of the legal basis of the business register officer shall amend the register of records kept registers based on application of the person concerned, the Court's ruling, the decision of the national regulatory authority or the statement, received in the registry on the system of mutual connectivity of foreign registry. The Registrar of companies on the basis of the information in the registry, the population has the right to register in registers kept by not accepting the decision of the individual update news on the individual. The Registrar of companies on the basis of a national address register, have the right to register in registers kept by not accepting the decision of the individual, to update details of addresses. Records based on the decision of the national regulatory authority, the rightholder's suspension, renewal or termination of the case. Records based on the appraisal of the decision of the tax administration of the entity operating the suspension of economic renewal or termination of a corporation, and records on the basis of the decision of the Director of the administration of the insolvency of the insolvency administrator, the registry of companies do not adopt a separate decision. Records on the basis of the statement, received in the registry on the system of mutual connectivity from the foreign register shall be made on a foreign merchant in the branch or cross-border mergers. Entry to the register of companies kept registers or documents shall be submitted for registration to the case in which the application of the relevant entities or legal fact laws governing certain messages on the business register kept registers to be recorded and registered entities or legal facts, as well as: 1) or legal entity registration number facts (except for the application of the holder of the right or legal to record the fact in the relevant business register vest register) and the name of the legal entity; 2) attached to the application documents (document name, number of pages and copies); 3) state the particulars of charges and fees for the record advertising fees, if the regulations provide for the record a call [the payment reference number, the payment reference (if this is not known, — the payment document number), the date of payment, the amount paid, the taxpayer-legal person, the name and registration number or taxpayer — natural persons — name, surname and personal code (if no ID number, date of birth) and the purpose of the payment, government fees or charges for the payment of advertising records]. Message (optional), if payment is made by the register of companies held in the special online form or application added to the payment card, which contains the information referred to in this paragraph; 4 way) will be received in the business register of notaries public; 5) if desired, contact communications, (electronic mail address or telephone number); 6) other information if required by law. Electronic submission of the application use the tīmekļvietn business register available on the special online form if one exists. Register of companies use their action required of other public information system data, to verify the accuracy of the provided data, including personal data, check the status of a person (living or dead), capacity, legal status, and to provide notification of the document to the person. " 4.4.11 article: replace the words "home page" on the internet with the word "tīmekļvietn"; to supplement the first part of paragraph 9 by the following: "9) associations or Foundation." 5. Add to the second chapter of the law with a 4.13 and 4.14 article as follows: "article 4.13. Error correction of the register kept by the Company records if the company registry the registry entries found in the vest of the clerical error, the business register of notaries public shall give notification to the holder of the right in the registered office or the registration of the legal facts of the person logged on to the specified address, or if the address is not specified in the application, to the declared place of residence address (if the error found in the insolvency register entry, notification is sent to the administrator of a site address). The notification shall specify: 1) an error in the record; 2) as the record will be corrected; 3) reasonable deadline for the lifting of the opposition. If the entity or person within the time limit set by the opposition do not travel, register of companies, the public notary shall take a decision on the record the repair and make their mark on the relevant registry entry. Decision on the record the repair company registry shall, at its own expense, shall immediately be published in the Official Gazette "Latvijas journal", if the regulations provide for the publication. The first paragraph of this article shall not apply if a clerical error in the record established by the same legal entity, a person who has applied for registration of the legal facts, the Court administrator in the insolvency register entry, or in the case of the error is obvious. 4.14 article. Register notaries public decision to send electronic mail If the person is not in the official e-mail address of the account, the State notary register of companies on the holder of the right of recording in the register or exclusion from the register, as well as the decision to postpone or refuse the recording of the legal entity shall notify the person of the specified electronic mail address. " 6. Article 6: turn off the first part of paragraph 6, the words "and representation"; turn off the first parts 7, 8 and 9; to supplement the first part of paragraph 11 with the following: "11") affiliate firm, if different from the company (company) company, its legal address and the persons name, surname, personal code and the amount of authority that authorized to represent the company (companies) activities related to the branch. "; to turn off the second part; to make the third and fourth subparagraph by the following: "for individual businesses and farmers (the fishermen) in addition to holding the first part 1-6 business register in the log of the record the following information: 1) owner's name, surname and personal code; 2) If individual companies or farmers (fishermen's) farm managed by the Manager or the collegiate governing body, — the name of the person, the name and ID of the person who is entitled to represent the company; 3) If individual companies or farmers (fishermen's) farm managed by the collegiate governing body, — the collegiate governing body name; 4) of farm land and its location; 5) land ownership or use of the number and the date of issue. On the cooperative society in addition to the first part of this article 1. — paragraph 6 business register in the log of the record the following information: 1) share capital minimum size and nominal value of the shares; 2) Council and Board members, as well as the Director's or manager's name, surname and personal code; 3) Board members, as well as Director or Manager the right to represent the cooperative society, jointly or separately, together with the prokūrist; 4 prokūrist) name, surname and personal code, as well as a reference to the kopprokūr or prokūr of the branch, if one was issued, and the reference to article 34 of the Law referred to in the second subparagraph, if any award granted. '; adding to the fifth subparagraph of the introductory paragraph, after the word "reconstruction" with the word "continuing"; adding to the fifth subparagraph of paragraph 3, after the words "legal address" with the words "the right to be represented by the liquidator of the company (the company) alone or jointly"; turn off the sixth paragraph, the words "or representations"; off the seventh and eighth; turn off the eleventh paragraph, the words "or representations". 7. Article 7: turn off the seventh paragraph, the words "or representations"; turn off the ninth and tenth. 8. Express 7.1 article as follows: "article 7.1. Application for entry or registration document (add file) and the registration certificate must appear in the message entry or registration document (to add) the company shall submit an application to the registry log, indicating the message according to the nature of the application: 1) to the company (the company), the application for registration, in accordance with the terms of the undertaking concerned (companies) regulations governing the register of companies entered in the logbook; 2) in the application for registration of changes in the register of companies, the journal records or recording of a document (to add)-news about the nature of the change and the new message, which for a company (company a) recordable business registry log; 3) reorganization of the reorganization in the application for the type of each, the company involved in the reorganisation of company name, registration number, whether the company (the company) is a plug-in, or be distributed, as well as acquiring encountered in the company (the company), if any; 4 application for enterprise) (the company) the opening of winding-up proceedings — the basis for the termination, the news out of the company (the company) in the register of companies entered in the log it in the event of termination, and the claims of creditors sign and date; 5) the application for the company (the company) banned from the business register journal — reasons Enterprise (company) or its affiliates, removal from the register of companies, the journal, the date on which the official Edition of the "journal" reported on the opening of winding-up proceedings and liquidators, proof that the company (the company) has no outstanding debt and the liquidation was made law. Application for company (companies) adds application for reorganization of the new company (the company) recording company registry log if the reorganisation results in a new company established (company). The company (the company) the registration certificate showing the name of the company (the company), business forms, registration number, date, the entity (company) registered company, registration in a registry log location and date of issue of the registration certificate ". 9. Article 8: turn off paragraph 1 first subparagraph; turn off the fifth; turn off the eighth; replace the twelfth paragraph, the words "its branch or representative office of" with the words "or its affiliates"; replace the thirteenth paragraph, the words "its branches and representative offices" with the words "and it subsidiaries". 10. Turn off article 13. 11. in article 14: turn off paragraph 1 first subparagraph; make the second paragraph as follows: "the competence of the business register does not include: 1) the trader's actual conditions of adoption of the decision of the examination; 2) in accordance with the commercial article 144, first paragraph, points 8 and 9 of the statutes of the Corporation members (shareholders) of a private arrangement inspection. " 12. Turn off the article 18. 13. off 18.4 article. 14. in article 11.6: turn off the second sentence of the second subparagraph; to supplement the article with the third part as follows: "the entry in the register shall submit an application for insolvency, indicating: 1) the debtor's registration number and the name, if the debtor is a legal person; 2) debtor's name, surname, personal code (if the person has no social security number, date of birth, identity document number, issue date, country, and institution that issued the documents) if the debtor is a natural person; 3) the insolvency practitioner's name, certificate or post ID number; 4) record the essence of — convening a creditors ' meeting, stop or cross-border insolvency proceedings; 5) creditors ' meeting date, time and address when applying for the convening of a meeting of creditors; 6) stop the creditors ' meeting and resume the date, time, place of the meeting of creditors, if the log to record the meeting of creditors. " 15. 18.11 and 18.12 article off. 16. in article 18.13: turn off the second sentence of the second subparagraph; to supplement the article with the third part as follows: "the entry or registration document (to add), religious organizations and the institutions thereof shall submit an application to the registry, which specifies the message according to the nature of the application: 1) in the application of religious organizations or the registration authority-news that under the religious authority of the Organization and its laws governing religious organisations and record it in the register of institutions; 2 the application for registration of changes) of religious organizations and the institutions thereof in the register or registration document (add file)-news about the nature of the change and the new messages, what about religious or its body is logged for recording religious organizations and institutions register; 3) the application for the registration of religious organizations, religious organizations or the reorganization, dissolution, or the Elimination of the restore log record nature —. " 17. To complement the 18.14 the second paragraph of article 1 of the paragraph after the words "religious law" with the words "and in this law". 18. off 18.16 article. 19. transitional provisions be supplemented by 24, 25, 26 and 27 the following: "24. This law article 2 and the new version of the amendment, to exclude article 8, first paragraph, point 1, article 13, article 14, paragraph 1, first subparagraph, and article 18.12 in connection with the abandonment of the determination of jurisdiction, shall enter into force on 1 July 2018. 25. This law, 4.11 of the first paragraph of article 9 shall enter into force on 1 July 2017. 26. Article 4.14 of this law shall enter into force on January 1, 2020. 27. Pending its entry into force the amendments to the law "on press and other mass media", which established the media registration certificate shall indicate, in the application for registration, the application of the changes to the media and the application of the media's exclusion from the register shall, in relation to the media, but no longer apply as to 2017 31 December Cabinet of 7 June 2011 rules No. 433 "rules on application forms for the record company registry journal and mass Register and the certificate of registration ", in so far as they do not conflict with this Act." 20. To complement the informative reference to directives of the European Union with paragraph 3 by the following: "3) of the European Parliament and of the Council of 13 June 2012 the 2012/17/EU directive, Council Directive 89/666/EEC and European Parliament and Council Directive 2005/56/EC and 2009/101/EC amending for the central register, commercial register and the register of mutual connectivity." The law takes effect may 1, 2017. The Parliament adopted the law of 23 March 2017. The President r. vējonis Riga 2017 April 5


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