Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/193679

The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009. no) the following amendments : 1. To supplement the law with article 348.1 as follows: "article 348.1. Decision on the implementation of the legal protection process of out-of-court redress process (1) the legal protection process the case out-of-court redress process case the Court examined the writing process, not holding a hearing within 15 days of the date of receipt of the application.
(2) when deciding on the implementation of the legal protection process of out-of-court redress process, the Court did not apply the law 345. the second and third subparagraphs, and article 346.348.
(3) the Court shall decide on the implementation of the legal protection process of out-of-court redress process in the event of insolvency law in article 46.1 of the conditions referred to in the first subparagraph.
(4) in deciding the legal protection process of the implementation of the non-judicial remedies in the case, the Court approved an out-of-court redress process, the action plan establishes the legal protection process implementation deadline, as well as appoint the company recommended at the administrator.
(5) the decision of the Court the legal protection process in the case extrajudicial remedies in the case of the process may not be appealed.
(6) the Court shall issue a copy of the decision process of redress to the applicant and the administrator, as well as send the notified body by law, which shall make entries in the register of insolvency.
(7) the legal protection process cases out-of-court redress process in the event of the provisions of this chapter, except as provided for in this article. "
349. Article 2: replace the title of the article and in the first paragraph, the words "judgment of" with the words "by the ruling";
to supplement the first part with a 1.1 point as follows: "11) pledged company property sales authorization secured creditor;"
replace the words "If in part 1.2 after the delivery of the legal protection process" with the words "If, after the ruling on the implementation of a process of redress."
3. Express article 350.1 as follows: "article 350.1. Decision on termination of the legal protection process (1) the Court shall decide on the termination of the legal protection process on its own initiative or on application by the company.
(2) the Court shall terminate the legal protection process, if: 1) the process of legal protection plan is not supported in the insolvency law and the term;
2) against company in Latvia launches a Council Regulation No 1346/2000 article 3 set out in paragraph 2 of the insolvency proceedings.
(3) a court shall terminate the legal protection process at the company, if the company has fulfilled the legal protection process of the action plan.
(4) the decision on the termination of legal protection of the process of transcription, the Court shall immediately send to the applicant, the administrator, as well as by law the notified body, which shall make entries in the register of insolvency. "
4. To supplement the law with 350.2 article as follows: "article 350.2. Decision on commercial companies declaring insolvency proceedings, termination of legal protection process (1) the Court of Justice, which has adopted a decision on the implementation of legal protection, shall decide on the Declaration of insolvency of the company and the legal protection process termination to company or administrator application.
(2) the decision on the commercial independence of the insolvency proceedings and the legal protection process termination, the Court adopted this law 349 in the fifth subparagraph of article.
(3) the Court shall declare the commercial insolvency and terminating the legal protection process at the company, if the company could not settle the legal protection process in the action plan.
(4) the Court declares the company's insolvency and terminating the legal protection process by the administrator, if the company: 1) in implementing the legal protection process, has not taken the insolvency law or has provided false statements;
2) fulfil the legal protection process of the action plan;
3) violates the law of insolvency action defined in limits.
(5) the Court of Justice, the company declared insolvency and termination of legal protection process, while appointed by the administrator who last filled the duties of an administrator is that commercial companies the legal protection process.
(6) the Court of Justice decision on commercial insolvency proceedings for a declaration of invalidity and termination of legal protection process is determined by the date of accession the insolvency proceedings. About insolvency accession recognised insolvency filing day.
(7) if the insolvency proceedings referred to in article signs is not found, the Court rejected the application for insolvency proceedings and the legal protection process is terminated.
(8) the decision of the commercial delivery of the insolvency proceedings and the legal protection process termination may not be appealed.
(9) the decision of the company declaring insolvency proceedings and termination of legal protection of the process of transcription, the Court shall immediately send to the notified body by law, which shall make entries in the register of insolvency.
(10) the company declared insolvency proceedings and remedies in the event of termination of the process, the Court applied this law, the provisions of chapter, 46.1 except as provided for in this article.
5. in article 363.7: turn off third part name and number "or 6".
to make the seventh part (1) of the following: "1) listens to the views of the administrator and the claims of creditors of the sign-up deadline, if against a debtor in Latvia started in Council Regulation No 1346/2000, article 3, paragraph 1 or 2 specific insolvency proceedings;".
6. in the first subparagraph of article 363.8: turn off paragraph 1;
Add to paragraph 2 with the words "or withdrawal".
7. Express article following 363.9: "363.9 article. Settlement of the legal entity insolvency proceedings

(1) the Court administrator submitted a settlement at any stage of the proceedings to the debtor's property auctions.
(2) a court settlement with creditors meeting must be submitted to the decision on the conclusion of a true reconciliation.
(3) the Court shall confirm the settlement, if it concluded the procedure laid down in the laws and rules are not illegal.
(4) if the Court against a debtor launched a Council Regulation No 1346/2000, article 3, paragraph 2, set out in the insolvency proceedings, it approved a settlement if the settlement is approved, in writing, of that regulation, article 3(1) set out in the insolvency proceedings, the liquidator involved in.
(5) If a debtor in Latvia started in Council Regulation No 1346/2000 article 3 paragraph 2 of the insolvency proceedings and the settlement is not approved by the regulation referred to in article 3(1) set out in the insolvency proceedings, the liquidator involved in court before the settlement approval hearing the liquidator and approve the settlement, if it is established that the Council Regulation No 1346/2000, article 3 (2) in certain insolvency proceedings completion with the settlement does not affect the article 3 of this regulation, set out in paragraph 1 of the insolvency proceedings, the financial interests of the creditors.
(6) the decision on approval of the settlement, the Court shall send a copy of the law to a notified body, which shall make entries in the register of insolvency.
(7) the Court shall cancel the mediation if the debtor fails to fulfil the obligations laid down in it. "
8. in article 363.13: replace the second part of paragraph 2, the word "concluded" with the word "executed";
Add to article 3.1 part as follows: "(31) the application for termination of the insolvency proceedings, if completed, in addition to the bankruptcy proceedings referred to in the third subparagraph of the documents added to your activity report and proof of payment of the cash surplus of Council Regulation No 1346/2000 article 3 paragraph 1 set out in the insolvency liquidator involved if the Court against a debtor initiated the regulation point 2 of article 3 set out in the insolvency proceedings."
9. Replace the third subparagraph of article 363.19 paragraph 3, second sentence, the words "this period may be shorter than seven years" with the words "the Court may set a shorter period than that provided for in article 174 of the law of insolvency in the second part of".
10. Add to 560. the first part of the article to point 7 by the following: ' 7) with regard to the debtor suggested that the legal protection process or accepted the ruling of the legal protection process of the implementation of out-of-court redress process. "
11. Supplement 562. the first paragraph of article with paragraph 10 by the following: ' 10) this Act 560 of the first paragraph of article 7 in the cases provided for in paragraph — until the debtor in respect of the legal protection is terminated, or the Court of law 349 of the first paragraph of article 1.1 in the case referred to in paragraph gives permission to sell the mortgaged property of the company. "
12. transitional provisions be supplemented by the following paragraph 42: "42. This law, article seventh of 363.9 not applicable to court settlements approved by the Court until 30 June 2009."
The law shall enter into force on July 1, 2009.
The Parliament adopted the law of 11 June 2009.
President Valdis Zatlers in Riga V. 26 June 2009 Editorial Note: the law shall enter into force by 1 July 2009.