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"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/196586

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; 2004, nr. 15, no. 23; 2005, 2., no. 15; 2006, no. 24, no. 1; 2008; 2009, 2., 6., no. 9; Latvian journal, 2009, 78, 100). the amendments are as follows: 1. Article 1: to make the first part of paragraph 6 by the following: "6) private corporation — a corporation in which the shares or shares owned by the State or the municipality and other people (except the staff shareholders);";
to supplement the first part with 6.1 points by the following: ' 61) public private corporation — a corporation in which the shares or shares owned: a) more authorities, b), (c) the State and local Government to the State and more) authorities. ";
turn off the first part of paragraph 7 and 8;
make the second paragraph as follows: "(2) other terms used in this law, commercial law and law of the group."
2. in article 2: Add to second part of paragraph 4 after the words "private corporation" with the words "public private corporation";
Replace paragraph 5 of the second paragraph, the words "becomes a private corporation with a State or local Government of the capital" with the words "becomes a private corporation or public private corporation";
to make the second part of paragraph 6 by the following: "6) are managed in the public corporations and private corporations in which the Government or municipal corporation has gained a decisive influence;"
Add to the second part of paragraph 7 the following reaction: ' 7) are created by the Executive Board and determine the remuneration of the members of the Management Board of the private corporation to the public. ";
turn off the third;
turn off 3.1 part.
3. Article 3: turn off the title, the words "State and local control in the Corporation";
make first and second subparagraph by the following: "(1) the cabinet shall determine the public corporation and national crucial impact on existing corporations minimum dividends paid profit (as a percentage of the company's net profit), as well as the order in which the State Corporation and the State crucial affect existing corporations in State budget contributions dividends payable profit (as a percentage of the company's net profits).
(2) the Municipal Council determines municipal corporations and municipal crucial impact on existing corporations minimum dividends paid profit (as a percentage of the company's net profit), as well as the order in which the municipal corporation and local governments affect the crucial contributions of the existing local government Corporation dividend to be paid in profit (as a percentage of the net profits of the company). ";
Add to article 2.1 part as follows: "(21) If a State or municipal Corporation acquired the decisive influence in another corporation, it ensures that the Corporation paid dividends the profit share (percentage of a company's net earnings) that is not less than the minimum in accordance with the first or the second part of the dividends paid to certain profit (percentage of net profit). This condition does not apply to State and local capital company, which is a credit institution or an investment management company, as well as State or municipal corporation a crucial affect existing credit institutions or investment management companies. "
4. in article 5: make the first paragraph by the following: "(1) State-own shares may be transferred free of charge to local property with an order of the Cabinet of Ministers, pursuant to commercial law and the relevant provisions of the Statute of the capital company.";
to turn off the second part;
turn off the fourth paragraph, the words "and privatization".
5. To make article 6 by the following: "article 6. The municipality of the capital transfer to the State or to another municipality (1) municipality of own shares may be transferred free of charge to a State or municipal property in the local Government Council, subject to the decision of the commercial law and the relevant provisions of the Statute of the Corporation.
(2) the capital of the municipality can be put in the public domain, if Cabinet has made such a request and adopted by the protokollēmum.
(3) the authorities of the capital may be transferred municipal property, if the municipality has made such a request and handed down its decision.
(4) the transfer of State shares or other property of a municipality is not suited to this law, the provisions on the disposal of assets. "
6. in article 7: make the first, second, third and fourth subparagraph by the following: "(1) a decision on the country's crucial impact acquisition Corporation, the Cabinet of Ministers adopted a decision on local governments, but the decisive influence in obtaining the Corporation adopted the Municipal Council.
(2) the decision of the National Corporation for the acquisition of crucial impact in another corporation, the Cabinet of Ministers adopted a decision on municipalities, but companies taking a decisive impact in another municipal corporation adopts Municipal Council.
(3) the decision of the National Corporation of decisive influence in obtaining the municipal corporation accepts the Cabinet, if a corporation's shareholders have made such a request and the Municipal Council has given its consent, but a decision on municipal corporations crucial influence in obtaining the State Corporation accepted the Municipal Council, where the Cabinet has given the consent and adopted the relevant protokollēmum.
(4) State or local Corporation between may conclude the Group statutory management contract or management and profit-transfer agreement. Decision on the conclusion of the contract and the Group adopted the amendment to the Cabinet or local Council. ";
to supplement the article with the seventh subparagraph by the following: "(7) in the first, fourth and fifth are not subject to the Corporation, which operates as a credit institution or an investment management company."
7. Supplement article 7.1, sixth subparagraph by the following:

"(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 or an investment management company."
8. Express article 8 by the following: ' article 8. Decisive effect of termination (1) the decision on the termination of State critical impact on the Corporation accepts the Cabinet, but the decision on the termination of the decisive impact of the municipal corporation shall adopt in the Municipal Council.
(2) the decision of the National Corporation for the decisive impact of the termination of another Corporation in the Cabinet of Ministers adopted a decision on the municipal corporation but decisive influence termination in another municipal corporation adopts Municipal Council.
(3) the decision on the termination of State or municipal corporation, private corporations in the public and private corporations in adopting respectively the Cabinet or local Council.
(4) the provisions of this article shall not apply to the Corporation, which operates as a credit institution or an investment management company, as well as enterprises in which the State or municipal corporation has acquired all of the capital or of the voting shares and works as a credit institution or an investment management company. "
9. Replace article 10 paragraph 2 of the first paragraph "c", "d" and "e", in article 12, in the fourth paragraph of article 13, second paragraph, fifth subparagraph, of article 14, the third subparagraph of article 15, article 16, first paragraph, the third subparagraph 1., 2., 3., 4. and in paragraph 6, in the title of article 17, first and second subparagraphs, article 18, title, first and third subparagraphs, article 19 and the name of the first paragraph, the words "private corporations" (fold) with the words "public or private corporation a private corporation" (fold).
10. Replace article 19 in the third paragraph, the words "national or local government controlled corporation" with the words "Corporation in which the State or the municipality's decisive influence".
11. To supplement the law with article 25.1 the following: ' article 15.6. State or municipal corporation basis for the formation of State and local governments are entitled to establish the Corporation public administration facilities in the cases specified by law. "
12. Article 34 be expressed as follows: "article 34. The members of the Management Board, Member (shareholder) and shares the responsibility of the holder (1) the members of the Management Board shall not be responsible for damage caused by a capital company, if they acted in accordance with the participant (shareholder) or of the capital held a legitimate decision.
(2) the fact that the Council has approved the action of the Board, does not exclude the liability of the members of the Board of the Corporation.
(3) If the second part of this article, the case is referred to the Board members, Board members and members of the Council shall be jointly and severally liable.
(4) if the loss suffered by a corporation to the members (shareholders) or of the capital held them responsible for the decisions of the members (shareholders) or part of the capital.
(5) a corporation may be exempted from liability for the Board members or close to her settlement (commercial law within the meaning of article 173) if the decision of the shareholders. "
13. Express article 35 the third subparagraph by the following: "(3) this article referred to in the second paragraph of the lapse of three months, the claims of the other members of the Executive Board, Council, if any, members or shareholders have known of the violation of the prohibition of competition, but not later than five years from the date of the offence."
14. Replace article 61 in the fifth paragraph the word "private" with the words "public private, private."
15. Replace the second paragraph of article 94, the word "private" with the words "public private, private."
16. To complement the E section of chapter IV with the following: "chapter IV. The public corporation, the organization that acts as a credit institution or an investment management company 98.1 article. Governing body (1) State and local government corporation that acts as a credit institution or an investment management company (hereinafter in this chapter-society), the Government implemented a shareholder — the State or local government, the meeting of shareholders, the Executive Board and the Council.
(2) the competence of the general meeting decisions are representative of the holder of the shares.
98.2 article. The right of the general meeting (1) only shareholders ' meeting has the right to decide on: 1) the company's annual report;
2) last year's profit;
3) Council members, [unless the Council members are appointed by the Cabinet of Ministers (98.14)] and the appointment and removal of the auditor;
4) action against the members of the Council and of the Auditors or the waiver of claims against them, as well as the appointment of a member of the public claims for maintenance against the members of the Council;
5 the business approval), which the company negotiated with the Council;
6 approval of the Statute of the company) and modification (except where the statutes shall be approved by the Cabinet of Ministers);
7) public issue of securities and the conversion;
8) remuneration of Board members and Auditors;
9) share capital increases or decreases (except where the statutes approved by the Cabinet of Ministers);
10) company reorganisation (except where the statutes shall be approved by the Cabinet of Ministers);
11) the appointment and removal of the liquidator;
12) other cases provided for in this Act.
(2) the shareholders ' meeting upon the request of the Executive Board shall consider and decide such matters within the competence of the Board, that the Board needed for decision by the Council or the prior consent of the general meeting (98.23).
98.3 article. Shareholders: the State or municipality — competence (1) shareholder, the State or municipality — shall decide on the termination of the public or continuation.
(2) of this article, the decision referred to in the first paragraph shall be adopted, on behalf of the Cabinet of Ministers and on behalf of the municipality, the Municipal Council.
(3) If under the law of the national society statutes approved by the Cabinet of Ministers, it also adopted decisions on: 1) the reorganization of the company;
2 the company's share capital increase) and reduction.
98.4 article. The shareholders ' meeting Is convened (1) in the ordinary and extraordinary general meeting of the shareholders meeting.
(2) the general meeting shall be convened by the Board, except as provided in this law.

98.5 article. Ordinary shareholders ' meeting and its agenda (1) convened another shareholders meeting shall be convened by the Management Board, which provides the ability to approve the annual accounts within the time limit provided for in the law.
(2) If the Board has no current shareholders meeting within the prescribed time limit, it shall be convened by the Council no later than five working days from the date on which the Board had to convene a shareholders ' meeting.
(3) if the Council has not an ordinary shareholders meeting in the second case referred to and within a decision on the convening of the general meeting shall adopt the same shares no later than five working days from the date of the Council was to convene a shareholders ' meeting.
98.6 article. Extraordinary shareholders ' meeting and its agenda (1) convening of extraordinary general meeting the Board called sa, on its own initiative or when requested in writing by the Council, auditor or shareholders.
(2) extraordinary general meeting convening agent request indicates the reasons for calling the meeting and agenda. The request for convening the meeting shall be submitted to the Executive Board and the Council and shall notify the auditor and shareholder.
(3) the Board shall convene the extraordinary meeting of shareholders not later than within two weeks after receipt of the request.
(4) if the Management Board does not has the extraordinary general meeting referred to in the third subparagraph within the time limit, it can convene an extraordinary shareholders meeting himself calling the agent.
(5) If the matter at issue a decision has to be taken urgently, the extraordinary shareholders ' meeting in the term of sasaucam, which enables you to receive timely notification of the convening of the general meeting of the shareholders ' meeting, as well as draft decisions and other material. This period may not be shorter than seven days. The urgency justify it in writing, which proposed the urgent to convene a shareholders ' meeting.
61.3 article. Meeting of shareholders of the procedure called sa if the company suffered damage shareholders ' meeting convocation if the company suffered damage, occurs in commercial law.
98.8 article. The convening of the general meeting, if the company is dissolved (1) If a decision on the liquidation of the company, the liquidator shall convene a general meeting.
(2) the ordinary general meeting shall be convened by the liquidator, which provides the ability to approve the annual accounts within the time limit provided for in the law.
(3) an emergency shareholders ' meeting convened by the liquidator, on his own initiative or when requested in writing by an auditor or shareholders.
(4) the extraordinary shareholders ' meeting convocation request agent indicates the reasons for calling the meeting and agenda. The request for convening the meeting shall be submitted to the liquidator and Auditor and notify the holder of the shares.
(5) If the matter at issue a decision has to be taken urgently, the extraordinary shareholders ' meeting of sasaucam of this Act in the fifth subparagraph of article 98.6.
(6) If the liquidator is not convened the routine or extraordinary shareholders meeting within the prescribed time limit, it shall be convened by the option holder.
(7) If the liquidator does not convene a shareholders meeting without good reason, you can cancel the shareholders ' meeting of liquidators.
(8) If a dispute arises as to whether the action of the liquidator has reasonable cause, the burden of proof is the liquidator.
98.9 article. Notice of convocation of the general meeting (1) notice of the convocation of the general meeting, the Management Board shall send to the holder of the shares, all members of the Council and the auditor no later than two weeks before the meeting.
(2) if the society's staff shares, a statement shall also be sent to the holders of shares of the staff.
(3) the notice shall state the general meeting location and time, the type of meeting, which requested institutions to convene the meeting, the agenda of the general meeting, draft decisions, as well as other information related to the convening and conduct of the meeting.
(4) If the shareholders ' meeting is convened this law in the fifth subparagraph of article 98.6 in that order, the convening of the meeting proposer to provide shareholders, Board members and auditors meeting draft decisions and other materials receive no later than three days prior to the meeting.
98.10 article. Shareholders ' meeting, pending issues and adoption of decisions (1) the general meeting may adopt decisions only in those matters specified in this law, the notification provided for in article 98.9, the exception provided for in the second subparagraph of article.
(2) the general meeting may adopt decisions in such matters (even if they have not been specified in this law, the notification provided for in article 98.9): 1) Council members, the liquidator or auditor for the revocation;
2) bringing to the Board and to the members of the Council, Auditor, liquidator or if in the meeting addressed the question of the company's annual report;
3) new general meeting or the date of determination.
(3) the general meeting may adopt decisions only if this Act has been complied with in the convocation of the general meeting and method.
98.11 article. The agenda of the meeting of shareholders (1) shareholders ' representative discovered and managed by the shareholders meeting.
(2) a shareholder representative appointed by the Secretary of the meeting of shareholders (Registrar).
98.12 article. Meeting of shareholders decision-making procedures (1) representative of the holder of the shares after the issue, notify its decision with regard to the matters dealt with. Decision of the shareholders ' meeting.
(2) if the society's staff shares their owners do not participate in decision making and not vote on the decision made by the projects.
98.13 article. (1) the Council for the Council are as follows: 1) elect and recall members of the Executive Board, the standing to control functioning of the Board;
2) to determine the remuneration of the members of the Management Board;
3) to monitor the public things are sorted in accordance with the laws, statutes, and decisions of the general meeting;
4) examine society's annual report and the Board's proposal on the use of profit and, together with its report, submit them to the general meeting;
5) represent the Court in all public companies brought requirements against the members of the Management Board as well as Board members brought requirements against the society;
6) confirm the transaction between the company and Management Board or auditor;
7) to examine any matter, which is a shareholder, national or local — competence or the competence of the general meeting or by the Board members proposed for the consideration of the general meeting and to give an opinion on them.
(2) the Council shall submit to the general meeting a report assessing the company's performance and the Board's report, as well as, if necessary, make proposals for improving the functioning of society.

98.14 article. Shares of the company, the number of Council members, their appointment and revocation of (1) the Council consist of three members.
(2) Council members shall be appointed and the reference shareholders ' meeting. The Cabinet of Ministers of the Council members shall be appointed and, if this is provided for by law.
(3) a member of the Council of the Society at the same time can be a corporation or a member of the Executive Council of not more than two private, public, private, State or municipal corporation.
(4) the company's Board may be a natural person who manages the national language of work experience, training and qualifications of the members of the Council provides the professional execution of tasks.
(5) a member of the Council of the public must not receive severance pay or any other form of compensation if he is removed from Office before the end of the term.
98.15 article. The arrangements for the convening of meetings of the Council (1) the right to request the convening of the meeting of the Council's Member for each Council, Board and shareholder meetings, motivating the need and purpose.
(2) If the Council meeting agenda includes 98.13 this law referred to in the first subparagraph of article issues, but the Council is not valid because the hearing does not participate in the required number of Council members, this question does not review the Council shall not be an impediment to the consideration of shareholders and shareholders ' meeting.
98.16 article. Decision-making in the Council meetings and the signing of the Protocol (1) a Council Member may vote only if participating in a Council meeting.
(2) the minutes of meetings of the Council shall be signed by the person who chaired the meeting of the Council, the Registrar, as well as meeting all members of the Council who participate in the meeting.
98.17 article. Remuneration of Board members the remuneration of the members of the Council determines the shareholders ' meeting in accordance with the provisions of the Cabinet according to the public (the Group's) representative of the size criteria.
for 98.18 article. Shares of the company's representation of the Board (1) the members of the Management Board shall represent the company jointly.
(2) a model statute and articles of the company may not require that the members of the Management Board shall represent the company jointly with prokūrist.
98.19 article. Shares of the company, the number of members of the Management Board and limits members of the Executive Board (1) the number of members of the Board shall be determined in accordance with the provisions of the Cabinet according to the public (the Group's) representative of the size criteria.
(2) the Board of the company at the same time can be a corporation or a member of the Executive Council of not more than two private, public, private, State or municipal corporation.
(3) the Management Board of the company may be the individual who manages the national language of work experience, training and qualifications of the members of the Executive Board provides the professional execution of tasks.
(4) if the Board member is removed from Office before the expiry of the time limit and if the contract of employment or in any other agreement concluded in civil law provides for the severance pay or any other form of compensation, then he has the right to receive severance pay or compensation to the extent specified in the contract but not more than two months in the amount of remuneration.
98.20 article. The company's recall of the members of the Executive Board (1) the Management Board may be revoked by the Council, if you have a compelling reason.
(2) For important reasons in any case be considered as a violation of the terms, gross failure of law or statutory obstacles to this position or meeting of shareholders expressed no confidence in.
98.21 article. Remuneration of the company's Board members (1) the Board shall receive remuneration corresponding to his burden and the economic realities of society.
(2) the members of the Management Board remuneration determined in accordance with the Central Administration of statistics official statistics published in the notice of the State public sector workers the previous year's average monthly wage around who rounded full lats and which according to the size of the public representative of the criteria can be applied to the factor that must not be greater than 5. remuneration of the members of the Board of adjustment each year and recalculate the consideration to be paid by the start of the year April 1. Public size raksturojošo criteria and according to the size of the company remuneration applicable to the maximum coefficient shall be determined by the Cabinet of Ministers.
98.22 article. The company's Board members set additional restrictions (1) in addition to the applicable limitations in the shareholders ' meeting may provide that the Board shall not be employed or hold elected positions in other companies, State or municipal authorities, organizations and institutions.
(2) the drafting of model statutes may provide further restrictions on board members.
98.23 article. The shareholders ' meeting and the consent of the Governing Board of the Council for action (1) the Management Board takes decisions on all matters of public activities, except where a decision in accordance with this Act and the statutes of the company adopt the shareholders — the State or municipality, the shareholders meeting and the Board.
(2) the Board requires the prior consent of the general meeting, the following issues: 1) for decision to the acquisition of other companies, they increase or decrease;
2 acquisition or disposal);
3) cessation of existing activities and launching of new activities.
(3) a model statute may determine other questions that the Management Board of the general meeting must obtain prior written consent.
(4) the Board requires the prior consent of the Council in such matters: 1) affiliates and representative offices opening or closing;
2) closing of transactions that exceed the statutes or decisions of the Council of the specified amount;
3) lending, not connected with the company's normal business activities;
4) real property acquisitions, disposals and keeping with the case law;
5) issue of credit public employees;
6) general business principles.
(5) the drafting of model statutes may provide for other matters for decision to the Governing Board must obtain the prior consent of the Council.
(6) if the Council rejects a proposal from the Executive Board of this article fourth and fifth questions referred, the Governing Board shall have the right to put this issue to the general meeting, which shall take a decision in the matter. "
17. To supplement the law with the 99.1 and 99.2 article as follows: "article 99.1. The winding up of the Corporation, if the Corporation has delegated administration tasks

(1) the decision on the termination of State corporations and delegated the task to transfer authority to the Cabinet of Ministers adopted, on the basis of the proposal of the Minister of the sector concerned.
(2) the decision on the termination of the municipal corporation and delegated the task of the Authority adopted a transfer of Municipal Council.
(3) the decision on the termination of a corporation and delegated the task of putting the authority publishes the newspaper "Gazette" and notify all known creditors of the Corporation.
(4) the Corporation's creditors after a period of three months referred to in the third subparagraph of decision publication in the newspaper "journal" has the right to lodge their claims to the liquidator.
99.2 article. The decision on the liquidation of a corporation, and delegated the task of putting the body in addition to the provisions of the commercial law in the decision of dissolution of the Corporation and delegated the task of putting the institution determines: 1) the termination of a corporation's purpose and the body will be transferred to public administration tasks.
2) conditions of termination;
3) the period within which the tasks of public administration shall be the authority;
4) direct or immediate tasks of regulatory authorities for the enforcement of the decision;
5), whose transposition is required for future government tasks;
6) financial resources and assets that need government tasks. "
18. the express article 104 of the fourth subparagraph by the following: "(4) the property which is required to satisfy the claims of creditors, the liquidator shall not be entitled to sell, unless the decision on the termination of the Corporation not otherwise specified."
19. Replace the fifth subparagraph of article 107 and article 108, third paragraph, the words "private corporation" with the words "in the public, private, or private corporation".
20. Make 109. the third part as follows: "(3) a State or local government reorganization of a corporation can be made into a public private enterprise in accordance with the procedure laid down in this title."
21. Replace the name and article 121 first paragraph, article 124 of the title and paragraph 1, first subparagraph, article 129, in the second paragraph of section I in chapter I of title and the title, the words "private corporation" (fold) with the words "public or private corporation a private corporation" (fold).
22. Replace article 130, the words "private corporation" with the words "public or private corporation a private Corporation (referred to in this section-private corporation)".
23. the express article 131 the following: ' article 131. Ways of attracting public or municipal corporation, sold the shares, could become a private corporation: 1 increasing the share capital of a capital company) with the specific purpose (article 132);
2) reorganizing the Corporation (133);
3) State and local government by transferring shares without consideration of the State or local authority (articles 5 and 6). "
24. the express article 133 as follows: "article 133. Corporations forms of reorganization the reorganization under way a corporation can become a private corporation: 1) adding a Corporation (referred to in this section — corporations);
2) connecting to a Corporation (referred to in this section — joining the Corporation);
3) interpenetrating Corporation (hereinafter in this section: the fusion with the Corporation);
4) dividing the Corporation if the acquiring Corporation is a private Corporation (hereinafter in this section — joining the private corporation as a result of the Division). "
25. To complement the chapter I section with V1 as follows: "V1. The Board and the Council building to the public in article 149.1 of the private corporation. Private corporations to the public administration (1) public private corporation is not formed by the Council.
(2) public private corporations shareholders meeting shall perform the tasks of the Council under article 292 of the Law of the first part.
(3) the public Board of the private corporation must receive the consent of the general meeting of the commercial law 294 in the first subparagraph of article specific questions for decision.
Article 149.2. Public private Corporation Board (1) the public private corporations, the number of members of the Management Board and the remuneration determined by this law, 61, 94 and 96 in accordance with the procedure laid down in article and.
(2) the Board may at the Council or Board Member for a maximum of two public private, private, public or municipal corporation.
(3) If a public private Corporation Board member is removed from Office before the expiry of the time limit and the work contract or in any other agreement concluded in civil law provides for the severance pay or any other form of compensation, they shall have the right to receive severance pay or compensation to the extent specified in the contract but not more than two months in the amount of remuneration. "
26. Make a title I, chapter VI, by the following: "chapter VI. State or municipal corporation reorganization of a private corporation article 150. State or municipal corporation reorganization of capital company involved in the reorganisation process (1) may involve only by limited liability companies and joint stock companies.
(2) the process of acquiring the company is public or municipal corporation, but that the company is a corporation that is incorporated.
(3) the accession process of the company being acquired is a State or municipal corporation, but the acquiring company is a corporation to which.
(4) the process of convergence of the companies that have State and local capital company or public corporation and private corporation, but the acquiring company is a capital company encountered.
(5) the private company as a result of the Division is the process in which a State or a municipal corporation is the company being divided and distributed to the public is the company being acquired, but the acquiring company is a private corporation.
151. article. Decision on a reorganisation of the initiation

(1) on the basis of the proposal of the holder of the shares and the Minister's proposal, the Cabinet of Ministers issued an order for reorganization of the State Corporation, the Corporation shall determine which can be added to the State Corporation.
(2) the local Government Council shall take a decision on the reorganization of the municipal corporation that controls the Corporation which can be added to the municipal corporation.
(3) on the basis of the proposal of the holder of the shares and the Minister's proposal, the Cabinet of Ministers issued an order for reorganization of State corporations, determining that the Corporation may add National Corporation.
(4) the local Government Council shall take a decision on the reorganization of the municipal corporation, the Corporation shall determine which can add to the municipal corporation.
(5) on the basis of the proposal of the holder of the shares and the Minister's proposal, the Cabinet of Ministers issued an order for reorganization of the State Corporation, the Corporation shall determine to which State of the merging Corporation.
(6) the local Government Council shall take a decision on the reorganization of the municipal corporation that controls the Corporation with the merging of the municipal corporation.
(7) on the basis of the proposal of the holder of the shares and the Minister's proposal, the Cabinet of Ministers issued an order for reorganization of State firms, the setting for which the Corporation may add National Corporation of its splitting.
(8) the local Government Council shall take a decision on the reorganization of the municipal corporation, the Corporation shall determine which can add to the municipal corporation in its splitting.
152. article. State or municipal corporation of reorganisation conditions, the Cabinet of Ministers and Municipal Council has the right to determine the conditions of reorganisation. If, by reorganizing the State or municipal corporation, a private corporation in which the shares or shares are held by several municipalities or the State and municipal authorities, or more about the conditions of the reorganisation Corporation founders agree before a decision on the reorganization.
Article 153. State or municipal corporation reorganization procedure (1) the reorganisation takes place in accordance with the provisions of commercial law, subject to the provisions of this law.
(2) a reorganisation agreement in addition to be a period when private corporations sasaucam members (shareholders) meeting. If the State or municipal corporation is reorganized or blends of accession or by adding it to the Corporation as a result of the reorganization of the Division, in addition to the contract shall be the State or local Government of the capital, representatives of the holder of a private corporation and the Board of Directors of the Board (if any).
(3) the reorganisation project to be added to the agreement in the private kapitālsabied the draft amendments of the Statute of the electronics and the full text of the Statute as amended.
(4) the national or municipal corporation may not prepare a reorganisation prospectus.
(5) a decision provided for in the Law on State or municipal corporation's reorganisation (343) and the reorganisation of the treaty signature of the holder of the shares.
(6) State or local shareholders decision about reorganization of the Court cannot be challenged by the commercial law article 346 of the person referred to in the first subparagraph.
(7) the Board of a corporation reorganization within the time limit set in the Treaty shall be convened by the private corporation's members (shareholders) meeting that the reorganisation will result. The meeting approved the statutes of the private corporation, elected by the supervisory authority and the Executive Body and other actions provided for in the law. Private corporations statutes approved by not less than three fourths of the members present and voting, and at the following meeting to apply this law, rules governing the Corporation's members (shareholders) the convening and conduct of the meeting. Members (shareholders) meeting indicate those members (shareholders), who voted against approval of the Statute.
(8) in addition to the documents mentioned in the commercial law to be submitted to the commercial register authority that entry on the reorganization, the Corporation shall also submit this law referred to in article 151 of the Cabinet or local Government Council (Council) decision. "
27. the transitional provisions be supplemented with 38, 39, 40, 41, 42 and 43, as follows: "38. Public private corporation's Board members, who are appointed as such until September 1, 2009, according to this law, the first paragraph of article 149.2 requirements agreed remuneration is calculated and paid, starting with November 1, 2009.
39. If the private corporation to the public until 1 September 2009. we have established a Council of members (shareholders) meeting, no later than 1 November 2009. According to this law, the requirements of article 149.1 (that the public not private corporation is created by the Council) for the amendment of the company statutes.
40. private corporations to the public members of the Board are to be considered as withdrawn from the Council by 1 September 2009.
41. Public private Corporation Board members until the 2009 October 1 shall ensure compliance with this law, the activities of the second paragraph of article 149.2. If private corporations to the public authorities by October 1, 2009 finds that its Board Member violates this law, in the second paragraph of article 149.2 limits, the Corporation's members (shareholders) meeting not later than 15 November of 2009 made appropriate amendments to the Corporation's basic documents.
42. the national or municipal corporation, which operates as a credit institution or an investment management company, the shareholders ' meeting not later than 1 October 2009. According to this law, the first paragraph of article 98.14 requirements made necessary amendments to the Statute of the public and in accordance with the requirements of the Law Society Council members shall be appointed.
43. the national or municipal corporation, which operates as a credit institution or an investment management company, the members of the Council who are appointed as such until September 1, 2009, according to this law, the requirements of article 98.17 agreed remuneration is calculated and paid, starting with October 1, 2009. "
The law shall enter into force on 1 September 2009.
The law in the Parliament adopted 20 august 2009.

President Valdis Zatlers in Riga V. 27 august 2009. Editorial Note: the law shall enter into force by 1 September 2009.