Amendments To The Law "on State And Local Government Owned Capital Shares And Enterprises"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību kapitāla daļām un kapitālsabiedrībām"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/203001

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on State and local government owned capital shares and enterprises" to make the law "on State and local government owned capital shares and enterprises" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2002, No 21; 2003, 6, 15; 2004, nr. 18, 23 no; 2005, 2., no. 15; 2006, no. 24, no. 1; 2008; 2009, 2., 6., 9. , No 12, 14; Latvian journal, 2009, 136 no). the following amendments: 1. Replace article 2 of the second subparagraph of paragraph 7, the word "compensation" with the words "pay".
2. in article 7.1: expressions of third part 1 of the first sentence of the paragraph by the following: "Board members a monthly salary does not exceed the Central Administration of statistics official statistics published in the notice of the State public sector workers the previous year's average monthly wage and rounded to full lats and which the Corporation describes the size of the criteria can be applied to the factor, which must not be greater than 6. ';
replace the third paragraph 1, second sentence, the word "reward" (fold) with the word "salary" (fold);
turn off the third part in paragraph 2, the words "or compensation to the extent laid down in the Treaty, but";
Replace paragraph 2 of the third paragraph, the words "two months" in the amount of remuneration with the words "two months" about;
Add to paragraph 2, the third paragraph with the sentence the following wording: "the severance allowance shall not be paid if the Board revoked the powers of the coarse, infringement or improper execution of the event, as well as in the event of damage to the interests of the Corporation.";
express the sixth part as follows: "(6) the provisions of this article shall not apply to a corporation in which the State or a municipal corporation has acquired all of the capital or of the voting shares and works as a credit institution, an investment management company or registered foreign corporation."
3. Article 48: make the first part of paragraph 8 by the following: ' 8) monthly salary of the members of the Executive Board, the social guarantees (benefits, compensation, insurance) and after approval of the annual report, incentives or other material stimulus; ";
to supplement the first part with 8.1 points as follows: ' 81) the amount of remuneration to the Auditors; "
to supplement the article with the third part as follows: "(3) the participants in the meeting under the appropriate labour relations regulatory legislation drawn up by the Board of the public employees ' remuneration and benefits, the most important conditions for compensation expenses, incentives and other material to the stimulus, a salary (wages) ceilings, as well as other restrictive conditions."
4. in article 61: make the first sentence of the third paragraph the following wording: "the salary of the members of the Board shall be determined according to the Central Statistical administration official statistics notification for the previous full lats year's monthly average of about the wage, rounded to full lats and which according to the size of public targeted criteria can be applied to the factor that must not be greater than 6. ';
replace the third paragraph in the second and third sentence, the word "reward" (fold) with the word "salary" (fold);
off the seventh paragraph, the words "or compensation to the extent laid down in the Treaty, but";
replace the seventh paragraph, the words "two months" in the amount of remuneration with the words "two months" about;
to complement the seventh subparagraph with the sentence the following wording: "the severance allowance shall not be paid if the Board revoked the powers of the coarse, infringement or improper execution of the event, as well as the case harmed the public interest."
5. Article 76: make the first part of paragraph 8 by the following: ' 8) monthly salary of the members of the Executive Board, the social guarantees (benefits, compensation, insurance) and after approval of the annual report, incentives or other material stimulus; ";
to supplement the first part with 8.1 points as follows: ' 81) the amount of remuneration to the Auditors; "
to supplement the article with the third part as follows: "(3) the meeting of shareholders under the appropriate labour relations regulatory legislation drawn up by the Board of the remuneration of public employees the most important conditions for the determination of benefits and compensation, expenses, incentives and other material to the stimulus, a salary (wages) ceilings, as well as other restrictive conditions."
6. Article 94 of the fourth part: to exclude the words "or compensation to the extent laid down in the Treaty, but";
replace the words "two months" in the amount of remuneration with the words "two months" about;
Add to part with the sentence the following wording: "the severance allowance shall not be paid if the Board revoked the powers of the coarse, infringement or improper execution of the event, as well as the case harmed the public interest."
7. Article 96: to replace the title of the article, in the first and second subparagraph the word "reward" (fold) with the word "salary" (fold);
make the first sentence of the second paragraph the following wording: "the salary of the members of the Board shall be determined according to the Central Statistical administration official statistics notification for the previous full lats year's monthly average of about the wage, rounded to full lats and which according to the size of public targeted criteria can be applied to the factor that must not be greater than 6. '
8. in the first subparagraph of article 98.2: make paragraph 8 by the following: ' 8) monthly salary of the members of the Executive Board, the social guarantees (benefits, compensation, insurance) and after approval of the annual report, incentives or other material stimulus; ";
Add to part with 8.1 points as follows: ' 81) the amount of remuneration to the auditor. "
9. Express 98.13 of the first paragraph of article 2 of the following paragraph: "2) to determine the salary of the members of the Executive Board, social guarantees (benefits, compensation, insurance) and after approval of the annual report, incentives or other material incentives."
10. Add to 98.14 fifth article with the sentence the following wording: "the severance allowance shall not be paid if the Board revoked the powers of the coarse, infringement or improper execution of the event, as well as the case harmed the public interest."
11. Replace article naming and 98.17 text, the words "the claims" (fold) with the word "salary" (fold).
12. in the fourth subparagraph of article 98.19: turn off "or compensation to the extent laid down in the Treaty, but";
replace the words "two months" in the amount of remuneration with the words "two months" about;
Add to part with the sentence the following wording: "the severance allowance shall not be paid if the Board revoked the powers of the coarse, infringement or improper execution of the event, as well as the case harmed the public interest."
13. in article: 98.21 replace article name first and in the second paragraph, the word "reward" (fold) with the word "salary" (fold);
make the first sentence of the second paragraph the following wording: "the salary of the members of the Board shall be determined according to the Central Statistical administration official statistics notification for the previous full lats year's monthly average of about the wage, rounded to full lats and which according to the size of public targeted criteria can be applied to the factor that must not be greater than 6. '
14. the third paragraph of article 149.2: turn off "or compensation to the extent laid down in the Treaty, but";
replace the words "two months" in the amount of remuneration with the words "two months" about;
Add to part with the sentence the following wording: "the severance allowance shall not be paid if the Board revoked the powers of the coarse, infringement or improper execution of the event, as well as in the event of damage to the interests of the Corporation."
15. To supplement the law with article 149.3 as follows: "article 149.3. Restrictions on remuneration in the private corporation in public members (shareholders) meeting under the appropriate labour relations legislation governing board made public a private corporation's employee remuneration and benefits, the most important conditions for compensation expenses, incentives and other material to the stimulus, a salary (wages) ceilings, as well as other restrictive conditions. "
16. transitional provisions be supplemented with 44, 45, 46, 47, 48, 49 and 50 as follows:

"44.2010 and 2011 National Corporation, a municipal corporation, a private corporation to the public, as well as in Latvia registered Corporation in which all shares belong to the Corporation, the Corporation of the municipality or a private corporation, the public will not pay bonuses and prize money, material incentives, but the benefits are paid in accordance with State and local officials and employees of the institutions of the law of compensation, except for the transitional provisions referred to in paragraph 45 of the cases.
45. The transitional provisions set out in paragraph 44 of the policy does not apply to those enterprises that are included in a special list drawn up by the Cabinet, if these enterprises: 1) is not a tax debt to a State or local government;
2) 2009 and 2010. the year under review has been a profit or not for profit, but the damage had been scheduled to conduct the Corporation's development (investment) program, and they have not incurred in the Board's unlawful act or omission.
46. The transitional provisions referred to in paragraph 45 of the Corporation a list shall be drawn up by the Cabinet of Ministers until March 1, 2010. The Cabinet list may include such corporations that have a significant impact on the national economy which meets the specific Cabinet certain qualification criteria. In determining a corporation's qualifying criteria to be taken into account in its financial indicators, sources of funding, the economic sectors in which the Corporation operates, as well as the Corporation's economic impact on the country's economy.
47. A corporation that satisfies the provisions of this paragraph 45 of the transitional requirements in 2010 and 2011 may be paid in bonuses and prize money, as well as other material incentives, in one calendar year with no more than 20 percent of the Fund. Bonuses, prize money, other stimulus materials, as well as the amount of the payment of benefits and procedures of members of the Board of the Corporation no later than March 1, 2010, the Cabinet of Ministers.
48. The amendments to this law, the third subparagraph of article 7.1 (1), the third subparagraph of article 61, article 96, second paragraph and the second paragraph of article 98.21 (by which it is determined that the monthly salary of the members of the Executive Board of the Central Statistical Bureau associate of the official statistics notification for the previous full lats year's average monthly wage and the maximum applicable factor-6) enters into force on 1 April 2010.
49. in 2010, setting the national and municipal corporation of Board members (the third part of article 61, article 96, second paragraph), the private corporation to the public members of the Board (the first part of the article 149.2), a corporation in which the State Corporation, a municipal corporation or a public private corporation owns all of the capital, the members of the Management Board (article 7.1 of the third subparagraph of paragraph 1) as well as State and municipal corporation, which operates as a credit institution or investment management company , Council and Board members (98.17, 98.21, the second part of the article), it will be reconciled monthly Central Administration of statistics official statistics notification for the previous full lats year's average monthly wage around the first half of 2009, rounded full lats, i.e. 471 lats.
50. The Cabinet of Ministers shall assess and up to July 1, 2010, adopt a separate decision on the country's corporations, which according to the scientific activities of regulatory laws is established as a scientific institution, state capital share (stock) transfer without consideration of public people-derived Scientific Institute or University in the State — owned if: 1) the evaluation of the activities of the Corporation, the Cabinet took the decision to integrate different scientific Institute or University;
2) Scientific Institute or the National University clearly has expressed willingness to accept the National Corporation shares (shares). "
The law shall enter into force on January 1, 2010.
The Parliament adopted the law of 17 December.
President Valdis Zatlers in Riga V 2009 December 30