The Amendments To The Law On Associations And Foundations Of The

Original Language Title: Grozījumi Biedrību un nodibinājumu likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/204912

The Saeima has adopted and the President promulgated the following laws: the law on associations and foundations to make society and Foundation Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2003, nr. 23; 2004, nr. 20; 2006, nr. 24) the following amendments: 1. To supplement article 6, third paragraph, after the word "register" with the words "or other" registry authority records.
2. Turn off the second paragraph of article 14 of the third sentence.
3. in article 15: turn off in paragraph 4, the words "and signed the Statute";
make point 7 by the following: ' 7) news about the society or a public foundation or other withdrawals, dissolution, continuation, or the Foundation of the society's proceedings for a declaration of invalidity and termination, liquidation and reorganization; ";
make paragraph 9 by the following: "9) news of the appointment of an administrator of insolvency cases, specifying the administrator's name, surname, personal code, and the number of the certificate;"
4. in article 16: replace the first part of the numbers and words "(the third part of article 52, article 95 quarter and article 102)" with a number and the words "(article 95, fourth part)";
to supplement the article with the fourth paragraph as follows: "(4) Any entry for the necessary documents and other documents prescribed by law is submitted to the authority of the register on paper or electronically. If the application is submitted electronically, using internet registry authority homepage available in a special online form. "
5. Express article 17, the second subparagraph by the following: "(2) the application of the society or Foundation in the register recording all the founders or at least two meeting for the formation of the authorized persons, but for the Foundation, wills estate, heirs or patron."
6. To express the second subparagraph of article 26 (3) of the following: "3) each Board Member's written consent to be a Board member."
7. Express article 33 the second subparagraph by the following: "(2) in addition to the first part of the said authorities the statutes may provide for the meeting of the representatives (article 41), as well as other authorities, in determining their policy and competence."
8. Replace article 36 in the fourth paragraph, the words "no later than" the word "minimum".
9. Article 37: replace the first paragraph, the words "and if the statutes do not set higher quorum" with the words "if not otherwise specified in the statutes";
to supplement the first sentence with the following: "with regard to the amendment of the statutes the members meeting is valid if at least one half of the members, if the statutes do not set a higher quorum.";
make the first sentence of the second paragraph the following wording: "If a meeting of members is not entitled to take decisions under the first paragraph of this article, the Executive Board not later than after five weeks, pursuant to article 36 of this law the provisions of the fourth subparagraph, shall convene the members meeting with the same agenda.";
Add to article 4.1 part as follows: "(41) members ' meeting shall state: 1) the name of the society;
2) institutions (person), which convened the meeting of members;
3) membership meeting location and time;
4) time when members announced the convening of a meeting of members, and the type of notification;
5) total number of members of the society and, if in the meeting in accordance with the statutes of the society participate representatives of members — the total number of representatives of members necessary to be represented in all members;
6) meeting attendance members (member representatives);
7) agenda items;
8) agenda of the consultation process and content;
9) the results of the vote, giving the number of votes "for" or "against" for every decision;
10) decisions. "
10. Article 39: put the name of the article as follows: "article 39. The amendments to the Statute ";
turn off the first part.
11. off 52. in the third subparagraph, the words "and the registry authority".
12. Supplement article 54 after the words, "If you vote" with the words "more than".
13. Express article 55 the following: ' article 55. Dissolution of the society, the opening of bankruptcy proceedings terminated the order in which the activities of the society in the event of bankruptcy, insolvency law established. "
14. Replace article 57 of the second paragraph of the introductory part, the words ' the State revenue service territorial institution "with the words" the State revenue service ".
15. off article 59 in the fourth paragraph, the words "with the place of residence in Latvia".
16. Add to article 62 of the second part of the sentence the following wording: "If the assets of the society has been assigned a public good status of the Organization in accordance with the law of the Organization of the public good, the liquidator shall inform the institution which, in accordance with the said law shall take decisions on the organisation of the public good status and deprivation for the liquidation process started."
17. Article 64 of the expression as follows: "article 64. Insolvency filing If, in the course of liquidation revealed that the assets of the society's property is insufficient to satisfy all justified claims of creditors, the liquidator must submit an application for insolvency proceedings in accordance with the procedure prescribed by law. "
18. Supplement article 68 with 5.1 part as follows: "(51) society, which is a public good, as well as the Organization of the society that the public good is deprived of the status of the Organization, but that previous calendar year prior to the opening of winding-up proceedings as a public benefit organization has received in donations, the Division of property in case of liquidation is carried out in accordance with the Organization of the public good."
19. Article 90: make the first part of paragraph 7 as follows: "7) appointment of the members of the Executive Board and the suspension arrangements, their levels, the right of representation and action;";
to supplement the article with the third part as follows: "(3) the Statute shall be signed by all the founders or the Foundation at least two of their authorized representatives, but by establishing the Foundation, wills, estate, heirs or patron."
20. the express article 92 the second subparagraph by the following: "(2) the application shall be signed by all the founders or the Foundation at least two of their authorized representatives, but by establishing the Foundation, wills, estate, heirs or patron."
21. Supplement article 104 to 2.1 as follows: "21) with the decision of the Board;".
22. Replace the third subparagraph of article 105 of the introductory part, the words ' the State revenue service territorial institution "with the words" the State revenue service ".
23. To supplement the law with article 105.1 as follows: "article 105.1. Foundation termination with the decision of the Board of Directors (1) the Board's decision on the dissolution of the Foundation shall be deemed to be accepted if for it vote more than two-thirds of the members of the Management Board, if the Statute does not provide for a larger majority.
(2) the Statute may provide that the decision on the termination of the Foundation requires other administrative bodies. "
24. Article 106 of the expression by the following: ' article 106. Foundation activities, the opening of bankruptcy proceedings in which the order of Foundation activity terminated in the event of bankruptcy, insolvency law established. "
25. Replace the third paragraph of article 107 of the numbers and the words "in paragraph 2 or 4" with numbers and words "2, 2.1 or paragraph 4".
26. Supplement article 108 with 2.1 part as follows: "(21) Foundation, which is a public good of the Organization, as well as the Foundation, which the public good is deprived of the status of the Organization, but who in the previous calendar year, before the opening of winding-up proceedings as a public benefit organization has received donations, the Division of property in case of liquidation is carried out in accordance with the Organization of the public good."
27. the transitional provisions be supplemented with 3, 4 and 5 of paragraph by the following: "3. the amendment to article 6 of this law, in the third paragraph, shall enter into force simultaneously with the amendments to the law" on the enterprise register of the Republic of Latvia ", which provides the name and registration comply with the condition that the name applied for may not be the same as the registry authority registers recording or record a log on name.
4. Amendment of article 6 of this law, the third part of the name of atšķiramīb in other institutions records of the register already registered names do not affect the society and Foundation the right to the name entered in the register, until the entry into force of the amendments.
5. Amendment of article 68 of this law with the addition of 5.1 and article 108 replenishment with 2.1 part shall enter into force on July 1, 2010. "
The Parliament adopted the law of 21 January 2010.
The President of the Parliament instead of the President g. Many Riga 2010 February 10