Amended Cooperative Society Law

Original Language Title: Grozījumi Kooperatīvo sabiedrību likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/154.2


The Saeima has adopted and the President promulgated the following laws: the law on cooperative societies do cooperative societies Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, 6. no; 2000, no. 10; 2002, 16, 22; 2006, 21 no no; 2007, no. 23, no. 14, 2009) follows: 1. Article 1: express the following in paragraph 11: "11) profit (the relevant agricultural service cooperative society and the relevant forestry services cooperative society — surplus) — cooperative society profit (surplus) by this law and the statutes of the company duly paid members of society according to their cooperative society used services; "; Add to article 12.2 and 12.3 of the paragraph by the following: "122) forestry services cooperative society, forest owners ' cooperative society, which provides forestry and forestry products sales services, but does not deal with the production of forestry; 123) forestry services cooperative society-forestry services cooperative society, which meets the criteria laid down in the legislation; " express the following paragraph 13: "13) a surplus corresponding agricultural service cooperative society and the relevant forestry services cooperative society-annual report of the public revenue in the excess over the cost of the financial year concerned." 2. Make article 3 paragraph 4 by the following: "4) cooperative society capital and controls, as well as for profit (the relevant agricultural service cooperative society and the relevant forestry services cooperative society — surplus) divided its members;". 3. To make article 6 by the following: "article 6. Cooperative society cooperative society the status of authorized economic operator is the operator, except for agricultural service cooperatives, forestry services cooperative society, housing cooperatives, the owner of the car in the garage owners ' cooperatives, boat owners in the garage of cooperatives and the cooperative society of horticulture. " 4. To supplement the law with article 6.1 as follows: "article 6.1. Trade secrets trade secrets in the cooperative society is established and protected pursuant to the provisions of the commercial law. "
5. Supplement article 7 of the first part of the sentence by the following: "forestry services cooperative society must also be in the title the words" forestry service "." 6. To supplement the law with article 7.1 as follows: "article 7.1. Criminal or administrative violation process constraints for natural person (1) If a natural person on the basis of the framework decision in criminal proceedings, deprived of the right to perform all types of commercial activities or a specific ruling concerned the prohibition laid down in the period it is prohibited to: 1) to be a founding member of the cooperative society; 2) become a member of the cooperative society, except in the case of joint stock cooperative society are inherited; 3) become a trustee authorized cooperative society meeting; 4) to be a cooperative society Board Member, Director or Manager; 5) to be a cooperative society Council Member; 6) to be a cooperative society Audit Committee (Auditor);
7) to be a cooperative society of liquidation of the Member of the Commission; 8) to advise, instruct the persons referred to in this paragraph or otherwise affect them. (2) If a natural person deprived of the right to carry out certain types of commercial activities, under the first paragraph of this article apply only to prohibitions in the judgment concerned the specific business lines. If such legal person status allows you to make decisions or represent the cooperative society of cooperative societies, it does not have voting rights and are prohibited from representing the cooperative society of the respective business lines specified in the ruling. (3) If a natural person on the basis of the criminal or administrative offence procedure rulings, deprived of the right to occupy certain positions in the cooperative society or its authorities, it is forbidden to be a cooperative society: 1) Board Member, Director or Manager; 2) Council members; 3) member of the Audit Commission (Auditor); 4) wound up as a member of the Commission. (4) in the first and second part of certain prohibitions applicable in the cooperative society in accordance with the provisions of the Act deems the merchant. (5) If a natural person deprived of the right to carry out all the way or a specific business or take positions cooperative society or its governing body, they are obliged to immediately after the entry into force of the decision to notify the public of the cooperative and its members. (6) in this article, the limitation of the right of representation shall not apply to any third parties. " 7. Make the fourth paragraph of article 8 of the second sentence by the following: "agricultural service cooperative society and forestry services cooperative society founder must not be less than five." 8. Supplement article 11 with the fifth subparagraph by the following: "(5) the forestry services cooperative society the founders may be natural or legal persons that are forest owners, as well as other forestry services cooperative society." 9. Make article 13, first paragraph, the following paragraph 12: ' 12) profit (the relevant agricultural service cooperative society and the relevant forestry services cooperative society — surplus) distribution and loss settlement; ". 10. in article 18: make the second paragraph as follows: "(2) the written application of the Person for membership in the cooperative society Board appearance in three months from the filing date. The Board's decision on the admission of new members to be approved by the next general meeting of members (authorised meeting) following the adoption of the decision. '; make the last sentence of the third paragraph the following wording: "refuse to pick up new members can be only those cooperatives that serve only as required by the Statute for its members and unable to successfully serve a larger number of members, as well as its cooperative society whose members comply with this law and with the company's statutory membership status criteria."; to make a fifth by the following: "(5) the rights and obligations of a member in force at the moment when the Board decided on his admission to the cooperative society (unless otherwise provided for in the statutes). It is the duty of the members during the month when the statutes set a longer period in which to fully settle the charges associated with the membership. If the Member with the Member of the associated payments are not passed on time or the general meeting of members (authorised meeting) has been approved by the decision of the Board of Directors for membership admission, this decision will be considered void and returned payments made back to the payer. Agricultural service cooperatives or forestry services cooperative society member to vote is obtained after the general meeting of members (authorised meeting) has approved the decision of the Board of Directors for his reception. "; to supplement the article with the ninth subparagraph by the following: "(9) for the forestry service of the members of the cooperative society may be a natural or legal person who is the owner of the forest and use of forest service cooperative society services in accordance with the requirements of the Statute, as well as other forestry services cooperative society."

11. Article 20: make the first part of the second sentence by the following: "agricultural service cooperatives or forestry services cooperative society members receive a profit (the relevant agricultural service cooperative society and the relevant forestry services cooperative society — surplus) repayment according to the volume used, but in the event of liquidation of the company, liquidation quota according to the number of shares owned by the members."; make the second paragraph as follows: "(2) the Shares or membership card issued by the Management Board of the cooperative society. Cooperative society member you can get a paper or electronic format, and display all the information contained in the register of members of the respective cooperative society members. " 12. Add to article 21, paragraph 2, first subparagraph after the word "society" with the words "and forestry services cooperative society". 13. Article 22, second paragraph: Add to paragraph 5, after the word "society" with the words "and the relevant forestry services cooperative society"; Add to paragraph 6, the words "except for the information that a certain trade secret status". 14. in article 23: Add to the fourth part of the second sentence, after the word "society" with the words "or forestry services cooperative society"; adding to the sixth subparagraph, the first sentence after the word "society" with the words "and the relevant forestry services cooperative society". 15. Express article 24, third subparagraph the second sentence by the following: "housing cooperatives, the owner of the car in the garage of cooperatives of owners, boat owners garage cooperatives, agricultural service cooperatives, forestry services cooperative societies, horticultural cooperative society and the Betterment of the cooperatives share capital minimum size is 200 lats." 16. in article 26: to complement the second subparagraph of paragraph 4, after the word "society" with the words "and the relevant forestry services cooperative society"; to complement the fourth paragraph after the word "society" with the words "and forestry services cooperative society". 17. Article 27: adding to the second paragraph after the word "society" with the words "and forestry services cooperative society"; adding to the third paragraph after the words "agricultural service cooperative society" with the words "or forestry services cooperative society". 18. Make article 31 paragraph 5 of the second paragraph as follows: "5) relevant agricultural service cooperative society and the relevant forestry services cooperative society — do not remove surplus." 19. Article 33: make the name of the article as follows: "article 33. Tax incentives for cooperatives and tax payments to eligible agricultural cooperatives of services and corresponding services forestry cooperatives "; make the second paragraph as follows: "(2) subject to the tax laws, in accordance with established procedure, agricultural service cooperative society and in accordance with the forestry service cooperative society corporate income tax does not pay its own but each eligible agricultural service cooperative society or the relevant forestry services cooperative society pays for the personal income tax or corporate income tax from surplus parts, which it deserves." 20. in article 36.1: Add to the name of the article after the word "society" with the words "and forestry services cooperative society"; make the second paragraph as follows: "(2) the cabinet shall determine the agricultural service cooperatives and cooperatives of forestry services, eligibility criteria and the evaluation procedure. Ministry of agriculture agricultural service cooperatives and cooperatives of forestry services screening equipment of Government can lawfully delegate in private law or a derived public person. If the screening is delegated to a private entity, it has the right to issue administrative acts. " 21. Supplement article 39 paragraph 10 of the second paragraph after the word "society" with the words "and the relevant forestry services cooperative society". 22. the express article 40 the third subparagraph by the following: "(3) a member who, no later than two days before the general meeting of members (authorised meeting) does not benefit from a cooperative society statutes and the general meeting (the meeting authorised) the obligations set out in the decisions or that, on the basis of the framework decision in criminal proceedings, deprived of the right to perform all types of commercial activities, the general meeting (the meeting authorized) do not have voting rights and cannot be to elect the cooperative society in the management and audit bodies. If a member, on the basis of the framework decision in criminal proceedings, deprived of the right to a certain type of business, he has no right to vote on the relevant ruling in specific business lines. " 23. the express article 45 in the fourth subparagraph, the first sentence as follows: "the Council shall be taken by the members of the Council present voting for a simple majority." 24. Expressing article 46 of the sixth subparagraph, the first sentence as follows: "the Management Board takes a decision by voting members of the Board present a simple majority." 25. Article 53: replace paragraph 6, the words "the law" for the company and the companies ' insolvency ' "with the words" the insolvency law "; make paragraph 10 by the following: ' 10) the winding-up Commission arhīvisk cooperative society of valuable documents, subject to the provisions of the law, the archives shall be deposited in the Latvian National Archives, but other documents — one of the members of the cooperative society in Latvia and notify the Latvian National Archives on the site. " 26. the transitional provisions be supplemented with 13, 14, 15 and 16 of the following: ' 13. amendments article 33 of this law the second part (of the appropriate service cooperative society of forestry enterprise income tax in accordance with the forestry service and the cooperative society member's individual income tax payment order) enter into force simultaneously with the amendments to the tax laws and other legislation. 14. The Cabinet of Ministers until March 1, 2013 to prepare and submit to the Parliament the necessary amendments to the tax laws in order to ensure this law, article 33 provided for in the second paragraph of the corresponding services of forestry cooperatives and their members tax rules. 15. The Cabinet of Ministers shall assess this law, article 33 provided for in the second paragraph of the corresponding services of forestry cooperatives and their members ' tax policy and the practical implementation of the results and each year up to October 1 during the period from 2013 to 2016, submit a report to the Parliament. 16. This law 7.1 as well as article 40, third subparagraph, article 45 of the fourth part of the first sentence, and article 46 of the sixth part of the first sentence of the new text (on the voting restrictions, if criminal proceedings a person deprived of the right to carry out all types of commercial activities or a specific) shall enter into force on January 1, 2013. " The Parliament adopted the law in 2012 on September 13. The President of the Parliament instead of the President s. Āboltiņ in Riga 2012 on September 28