Amendments To The Commercial Law Of The Entry Into Force Of The Act

Original Language Title: Grozījumi Komerclikuma spēkā stāšanās kārtības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/201233

The Saeima has adopted and the President promulgated the following laws: the amendments to the commercial law of the entry into force of the law in order to make the entry into force of the commercial law of the order (the Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, no. 2; 2004, nr. 9, 23; 2005, 14 no, no 1, 2009) the following amendments: 1. Add to article 2 to the fifth subparagraph by the following: "(5) by 1 January 2010 in the decisions on entry in the register of companies for refusal to do this record, or for entry of the suspension on the undertakings (companies), branches, departments or agencies, which eliminates this law, in article 19, adopted within 30 days from the date of receipt of the application. "
2. Turn off the second paragraph of article 15, article 16, third paragraph, article 17, on the second and fourth part number and the word "(article 19)".
3. Article 19: adding to the fifth subparagraph following the words ' removal from the register of companies "with the words" this article is part of the fourth or the eleventh order ";
replace the seventh paragraph, first sentence, the word "take" with the word "start";
to supplement the first sentence of the seventh paragraph with the words and figures "and ensure that the company (the company) the liquidator to be appointed no later than 1 January 2010.";
Replace in the second sentence of the seventh paragraph, the words "winding-up costs" with the words "If the liquidation commenced and the liquidator appointed in accordance with the procedure laid down in this article, the expenses of liquidation";
Add to article at the eighth, ninth, tenth, eleventh, twelfth and thirteenth part as follows: "(8) where up to 2010 January 1 commercial register authority has received an application for the appointment of a liquidator under the seventh paragraph of this article, the provisions of the company (the company) the governing bodies of the law and the statutes shall lose the rights and business owner or a member of the company (shareholders) loses the right to dispose (including gifted) it holds in the company or the company's shares (the shares).
(9) If, by January 1, 2010 the commercial register authority has received an application for the appointment of a liquidator under the seventh paragraph of this article, the provisions of the undertaking (company), a subsidiary, Division or subsidiary disposed and the claims of creditors are satisfied of this law, 19.2, 19.3, 19.1, 19.4 19.5 19.6 19.7, 19.8, and, in accordance with the procedure laid down in article 12.4.
(10) under the seventh paragraph of this article, the liquidation process initiated transactions until 31 December 2011, applying for registration in the register of the company.
(11) If, by January 1, 2012 the commercial register authority has received an application for the seventh part of this article that the liquidation process has been completed and the company (the company), branch, Department, or agency banned from the business register, the company (company), a subsidiary, Division or subsidiary with the commercial register of the Authority's decision to exclude from the register of companies. This condition does not apply if the company is declared insolvent (companies).
(12) of the company (the company), branch, Department, or agency banned from the business register, the eleventh part of this article, in the sixth paragraph of article 19.3, 12.4 and in the second paragraph of article 23 in the fifth article in the case referred to in the commercial register authority shall inform such public record and the register of movable property holders: 1) the land registry;
2) register of vessels;
3) vehicles and their drivers in the national register;
4) implements, trailers and implements the driver information system;
5) State agencies "agricultural data centre" information system.
(13) in accordance with the procedure laid down in this article is the appointed liquidator is responsible for the fault of his own damage. "
4. To supplement the law with 19.1, 19.2, 19.3, 19.4, 19.5, 19.6, 19.7, 19.8, and 12.4 article as follows: "article 19.1. A business owner or a member of the company (shareholders) of the application for the appointment of a liquidator (1) By this law, article 19 of the eighth deadline ends the commercial register Authority published the newspaper "journal" of the company (the company), affiliates, chapters and of representations, for which article 19 of this law in accordance with the procedures specified in the received notifications of claims of creditors and which are not submitted to the company (the company) the application for the appointment of a liquidator. Publication Notes: 1) of company, branch, Department, or agency registration number and name (firm);
2) that, within one month from the date of publication, business owner, or a member of the company (shareholders) may submit the application to the commercial register authority for the appointment of a liquidator.
(2) within one month from the date of publication, business owner, or a member of the company (shareholders) may submit the application to the commercial register authority for the appointment of a liquidator. The application shall specify the liquidator's name, surname, personal code and residence. The application shall be accompanied by a notary or commercial register Authority officials verify the signature of the liquidator.
(3) the authority shall make the register entry concerning the appointment of a liquidator, based only on the first application.
(4) the owner of a company or of a company participant (shareholder) who submitted the third part of this article the said application shall be borne by the liquidation costs.
(5) the company (company), a subsidiary, Division or liquidation of missions carried out in this law, 19.8 19.7 19.5, 19.6, and in accordance with the procedure laid down in article 12.4.
19.2 article. A business owner or a member of the company (shareholders) the appointed liquidator (1) of this Act in accordance with the procedure laid down in article 19.1 of the appointed liquidator may be revoked by the appointment of a new trustee: 1) business owner or a member of the company (shareholders) who submitted the article 19.1 of this law the application referred to in the third subparagraph;
2) with all the members (shareholders).
(2) if the liquidator is repealed with all participants (shareholders) of a decision of the liquidation costs shall be borne by all participants (shareholders) by mutual agreement.
(3) all the members (shareholders) the decision on the abolition of the liquidator shall provide the new liquidator of commercial register authority within three days from the date of the decision.
19.3 article. The vendor application for the appointment of a liquidator

(1) By this law, in the second paragraph of article 19.1 deadline ends the commercial register Authority published the newspaper "journal" of the company (the company), affiliates, chapters and of representations, which are not of this law in accordance with the procedure laid down in article 19.1 filed a business owner or a member of the company (shareholders) of the application for the appointment of a liquidator. Publication Notes: 1) of company, branch, Department, or agency registration number and name (firm);
2) that, within one month from the date of publication, the creditors may submit the application to the commercial register authority for the appointment of a liquidator.
(2) within one month from the date of the publication of company, branch, Department, or agency, that the creditors, in accordance with article 19 of this law the provisions of the third paragraph is declared commercial register authority of their claims, may submit the application to the commercial register authority for the appointment of a liquidator. The application shall specify the liquidator's name, surname, personal code and residence. The application shall be accompanied by a notary or commercial register Authority officials verify the signature of the liquidator.
(3) the authority shall make the register entry concerning the appointment of a liquidator, based only on the first application.
(4) a creditor who submitted this article referred to in the third paragraph, the application shall be borne by the liquidation costs.
(5) the company (company), a subsidiary, Division or liquidation of missions carried out in this law, 19.8 19.7 19.5, 19.6, and in accordance with the procedure laid down in article 12.4.
(6) If the second subparagraph within the time limit referred to in the commercial register authority any applications for the appointment of a liquidator, is received by the company (company), a subsidiary, Division or subsidiary with the commercial register of the Authority's decision to exclude from the register of companies.
(7) the assets remaining after the company (the company), branch, Department, or agency in the removal from the register of companies of the sixth part of this article in accordance with the procedures specified in the bezmantiniek property of the comparable under Section 417 of the article.
Article 19.4. The liquidator appointed by the creditors (1) of this Act in accordance with the procedure laid down in article 19.3 of the appointed liquidator may cancel a new liquidator: 1) a creditor who submitted this law, the third paragraph of article 19.3 of the said application;
2) with their creditors, which in accordance with article 19 of this law the provisions of the third paragraph is declared commercial register authority for their claims.
(2) if the liquidator is repealed by decision of the creditors, the liquidation costs shall be borne by vendor, by agreement.
(3) the decision of the liquidator's accounts payable cancellation of the new liquidator shall submit to the institution of the commercial register within three days from the date of the decision.
19.5 article. The liquidator's rights, duties and responsibilities (1) The liquidator may be incapacitated individual.
(2) the liquidator shall: 1) identify and evaluate the company's (the company), branch, Department, or agency property;
2) identify and examine the claims of creditors who, in accordance with article 19 of this law the provisions of the third paragraph is declared commercial register authority of their claims;
3) sale of company, branch, Department, or agency, including property claims;
4) satisfy the claims of creditors;
5) other actions laid down in this law.
(3) If an undertaking (company), branch, Department, or agency, not the liquidator's remuneration shall not exceed five minimum monthly salaries.
(4) If an undertaking (company), branch, Department, or agency is a treasure, the liquidator's remuneration amount shall not exceed the following rates: 1) if the property or selling recovered resulting conceived funds does not exceed 15 000 lats, the minimum monthly salary, ten;
2 If the or property recovered) sales in the cash absorbed more than 15 000 lats, the minimum monthly salary, ten plus five percent of recoveries or sales of property funds take in excess of 15 000 lats, but no greater than 100 000 lats;
3) if property sales or recovered the result exceeds the funds absorbed 100 000 LVL 10 minimum monthly salary, plus 5 percent of the recovered or in sales of property conceived of cash which exceeds 15 000 lats, but no greater than 100 000 lats, plus three percent of recoveries or sales of property funds take in which exceeds 100 000 lats, but not more than 1 000 000 lats , plus one percent of recoveries or sales of property funds take in which exceeds 1 000 000 lats.
(5) the liquidator is responsible for the fault of his own injury.
(6) at the time of the winding-up of company, branch, Department, or agency name, add the word "kill" or "kill".
12.2 article. Company (company), a branch, Division, or agency identification and evaluation of assets (1) within three months from the date of the appointment of a liquidator shall identify and assess the company's (the company), branch, Department, or agency property.
(2) If an undertaking (company), branch, Department, or agency not possessions, the liquidator shall submit an application to the commercial register Office of the company from the register of companies. The application of the liquidator declares that the company (the company), branch, Department, or agency not possessions.
19.7 article. Vendor information and claims of creditors maintenance (1) where an undertaking (company), branch, Department, or agency is property, the liquidator shall send a notice of the commencement of the winding up of company, branch, Department, or agency of the creditors who, in accordance with article 19 of this law the provisions of the third paragraph is declared commercial register authority for their claims. Invite the vendor notification within one month from the date of dispatch of the notice to notify the liquidator on his claim.
(2) vendor notify the specified period that the liquidator their claims against diet company (company), a subsidiary, Division, or agency, and submit supporting documents claim.
(3) After the first part of this article, the end of the statutory period, the liquidator shall prepare the opening of winding-up of financial statements.

(4) If the creditor has not announced the commercial register authority of their claims in accordance with article 19 of this law the provisions of the third paragraph or not in accordance with the second paragraph of this article, the liquidator announced on his claim, the creditor shall be deemed abandoned the claim against the company (companies).
19.8 article. The cost of liquidation and creditors recovery procedure (1) the company (the company), branch, Department, or agency in the liquidator shall draw up the sales vendor recovery plan, which also shows the use of the funds to cover the expenses of liquidation. Accounts payable recovery plan shall be sent to the creditors who announced their claim to the maintenance of this law in accordance with the procedure laid down in article 19.7.
(2) of the company (the company), branch, Department, or agency features the first fully repay creditors liquidation costs covered. If the company (the company), branch, Department, or agency in is impossible to repay the cost of the liquidation, the creditor has a claim against the company or the owner of the company participants (shareholders) of the costs of liquidation.
(3) the costs of the liquidation of the members (shareholders) are jointly and severally responsible. Members (shareholders) that satisfied his creditor's claim in the second case referred to, can be claimed from the other participants (shareholders) remuneration corresponding to the participation of enterprise (company), branch, Department, or agency.
(4) if the company (the company), branch, Department, or agency things are not enough to fully satisfy all justified claims of creditors, the relevant claims upheld in proportion to the amount owed to each creditor.
(5) a month from the date of the creditors ' recovery plan sent to creditors, the creditors can challenge it in court, filing a suit against the liquidators, while the requirements for informing the liquidator. The action brought in a court determined by the company (the company), branch, Department, or agency legal addresses.
(6) if the vendor of the recovery plan is not challenged in court in the fifth subparagraph, of this article in the order, the liquidator distributes the company's (the company), branch, Department, or agency property among the creditors in accordance with the satisfaction of claims of creditors compiled plan.
(7) if the creditor in accordance with the provisions of the fifth paragraph is brought before the courts, the liquidator shall be deposited with the company (the company), branches, departments or offices in funds in court by company (the company), branch, Department, or agency legal addresses. Deposited the money paid to creditors after the completion of the legal proceedings.
(8) After satisfaction of the claims of creditors if they intended to deposit the funds in a liquidation the liquidator shall draw up a closing financial report and submitted to the commercial register authority application for completion.
(9) in the eighth part of this article, the application shall be accompanied by the closing of the liquidation of the financial statements and accounts payable recovery plan. The application of the liquidator declares that the claims of creditors are fully or partially satisfied or of company, branch, Department, or Agency cash deposited in court.
(10) After the sixth part of this article provides for the recovery of the property left after the company (the company), branch, Department, or agency in the removal from the register of companies: 1) equates to the bezmantiniek according to the civil law, the provisions of article 417, if liquidation process initiated this law in accordance with the procedure laid down in article 19.3;
2 divided between companies) participants (shareholders) in proportion to their suspension parts (shares) or a candidate for the business owner, if the winding up process started in this law, in accordance with the procedure laid down in article 19.1.
12.4 article. (1) the termination of the liquidation in accordance with this law and article 19.1 19.3 the liquidation process initiated transactions until 31 December 2011, applying for registration in the register of the company.
(2) If by 2012 January 1, commercial register authority has received an application for a company (the company), branch, Department, or agency, and the completion of company, branch, Department, or agency banned from the business register, the company (company), a subsidiary, Division or subsidiary with the commercial register of the Authority's decision to exclude from the register of companies.
(3) the assets remaining after the company (the company), branch, Department, or agency off the register in the second part of this article in accordance with the procedure laid down in the bezmantiniek property of the comparable under Section 417 article. "
5. Supplement article 23 with the fifth and sixth the following: "(5) If by 2012 January 1, commercial register authority has received an application for the first and second subparagraph, liquidation process is complete and the company (the company), branch, Department, or agency banned from the business register, the company (company), a subsidiary, Division or subsidiary with the commercial register of the Authority's decision to exclude from the register of companies.
(6) the assets remaining after the company (the company), branch, Department, or agency in the removal from the register of companies in the fifth subparagraph, of this article in accordance with the procedure laid down, like the bezmantiniek of the civil code, in accordance with the provisions of article 417. "
6. Replace the first subparagraph of article 25.3, the number and the word "article" with numbers and words "19, 19.1, 19.2, 19.3, 19.4, 19.5, 19.6, 19.7, 19.8, and article 12.4".
7. transitional provisions be supplemented with paragraph 9 by the following: "9. The commercial register authority up to the year 2010 April 1 inform the article 19 of this law the twelfth referred to in the public register and movable property registers of holders of the company (companies), branches, departments and agencies, which article 19 of this law, the procedure laid down in the fourth paragraph are excluded from the business register up to 1 January 2010."
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 19 November 2009.
President Valdis Zatlers in Riga 2009 V 1 December