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/189656

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, no. 2; Latvian journal, 2009, 27 No.) the following amendments: 1. Supplement article 2 with the sixth part as follows: "(6) the Bank for the transfer of the provisions of this law apply if a Bank takeover of the Act does not provide otherwise."
2. in article 12: express first and second subparagraph by the following: "(1) where public participation is the Ministry, this statutory shareholders decisions of the State Secretary of the Ministry or with the Secretary of the order of certain other officials of the Ministry, which has all of the legislation that the holder of the shares representative of the rights, duties and responsibilities.
(2) the first paragraph of this article of the officials of the Ministry in the absence of the State Secretary of the Ministry are eligible shareholders to accept the decision or even to the officials in the absence of this decision powers other Ministry officials. The Secretary of State in the absence of the relevant decisions of the person executing the duties of the Secretary of State. ";
turn off the third;
to make the fourth and fifth by the following: "(4) the State Secretary of the Ministry of the Environment Ministry official appointed person (hereinafter referred to as the responsible employee) that provide the necessary information to him or by order of the Secretary of State for a particular official in the performance of the capital, a representative of the holder as well as preparing documents to the Secretary of State or the officer could perform the functions of the capital the private corporation or accept the members (shareholders) meeting decisions the State Corporation.
(5) the shareholders ' representative and responsible employee shareholders and representatives of employees perform the duties of the responsible person in accordance with his obligations laid down by the Ministry concerned and compensation for the duties of the post in question receives a fixed salary. Shareholders ' representative and responsible employee shall not receive remuneration for any legal transactions concluded with the Corporation. "
3. To make article 13, third subparagraph by the following: "(3) If shareholders delegate: Minister, he shares the duties of the representative of the holder fulfils its obligations and remuneration for the duties of the post in question receives a fixed salary. The Minister as part of the capital, a representative of the holder may not receive remuneration for any legal transactions concluded with the Corporation. "
4. To make article 14, sixth subparagraph by the following: "(6) the remuneration of the capital municipality of the holder's representative and the employee responsible, unless the shareholders ' representative and responsible duties of his Office and remuneration for the duties of the post in question receives a fixed salary, determined by the municipality in accordance with the provisions of the Cabinet of Ministers. Shareholders ' representative and responsible employee must be remunerated for any court by Vate transactions concluded with the Corporation. "
5. Express article 15 of the fourth subparagraph by the following: "(4) the shareholders ' representative and responsible employee shareholders and representatives of employees perform the duties of the responsible person according to the determined by him in that capacity in the institutions and remuneration for the duties of the post in question receives a fixed salary. Shareholders ' representative and responsible employee shall not receive remuneration for any legal transactions concluded with the Corporation. "
6. turn off the article 29, the words "if any".
7. Turn off the third subparagraph of article 35, the words "if any".
8. Turn off article 38 in the fourth paragraph, the words "and the Council".
9. Article 47: make the first paragraph by the following: "(1) a member of the management, the players meeting and the Management Board. ';
to supplement the article with the third part as follows: "(3) the company will not be created by the Council."
10. Article 48, first paragraph, point 4: turn off;
turn off paragraph 6, the words "or" Council ";
turn off paragraph 8, the words "and the Council".
11. in article 52: turn off in the first paragraph, the words ' the Council (if any) ";
to turn off the second paragraph, the words "and to the Council (if any)".
12. Article 55: turn off in the first paragraph, the words "all members";
off in the third paragraph, the words "the members of the Council".
13. Article 56 in the second subparagraph of paragraph 1: turn off the words "members of the Council";
turn off paragraph 2, the words "and the Council".
14. Article 57 of the turn in the second paragraph, the words "and the Council".
15. off 59. the second part of paragraph 9, the words "and the Council".
16. Article 60 off.
17. Article 61: make the third paragraph as follows: "(3) 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. "
to supplement the article with the fifth, sixth and seventh subparagraph by the following: "(5) 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, State or municipal corporation.
(6) 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.

(7) 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. "
18. Replace article 64, first paragraph, the words "meeting of members as well as the Council (if any)" with the words "as well as meeting participants."
19. Replace article 75, first paragraph, the words "the Executive Board and the Council" with the words "the Executive Board and the Board (if any)".
20. Article 76: make the first part of paragraph 3 as follows: "3) Council members, [unless the Council members are appointed by the Cabinet of Ministers (article 89, paragraph 2)] appointment and revocation, if society according to article 89 of this law, the provisions of the first subparagraph is made by the Council, as well as the appointment of the auditor and withdrawal;";
Add to article 1.1 part as follows: "(11) If a society according to article 89 of this law, the provisions of the first subparagraph are not created by the Council, only the shareholders ' meeting has the right to adopt this law, article 88 of the decisions referred to in the first paragraph."
21. Article 79: replace the second paragraph, the words "it shall be convened by the Council" with the words "it shall be convened by the Council (if any) or even a stock holder";
in the fourth paragraph, replace the words "the Council" with the words "If the society is the Council, and it";
supplemented with the sentence of the fourth subparagraph by the following: "where the Board (society in which no Council) in the second case referred to does not convene a shareholders meeting without good reason, you can cancel the shareholders ' meeting Board members."
22. Article 80: to supplement the first and second subparagraph after the word "Council" (fold) with the words "(if any)";
replace the sixth paragraph, the words "the holder of the shares may propose to the Council to cancel the Board members" with the words "stock holder may cancel or even to propose to the Council (if any) cancel the Board members".
23. Article 83: to supplement the first subparagraph following the words "members of the Council" with the words "(if society is the Council)";
to complement the fourth paragraph after the words "the members of the Council" with the words "(if society is the Council)".
24. in the second paragraph of article 84: Express (1) of the following: 1) of the members of the Council (if society is the Council), the members of the Management Board (society in which no Council), the liquidator or auditor's withdrawal; ";
Add to paragraph 2 by the words "the members of the Council" with the words "(if society is the Council)".
25. To complement the article 87 paragraph 9 of the second paragraph, after the words "the members of the Council" with the words "(if society is the Council)".
26. Article 89: express the title as follows: "article 89. Council building conditions, the number of Council members, their appointment and recall ";
make the first part as follows: "(1) the society is created by the Council only if the company's financial year, meet at least two of the following characteristics: 1) net turnover of more than 23 million lats;
2) balance sheet total of more than 15 million lats;
3) average number of employees is greater than 250. ";
Add to article 1.1 and 1.2 of the part as follows: "(11) in the first paragraph of this article, the company's turnover balance sheet total and the procedure for determining the number of employees is regulated by the Cabinet of Ministers.
(12) Council composed of three members. ";
replace the second paragraph, the word "Cancel" with the word "reference";
to supplement the article with third, fourth and fifth paragraph as follows: "(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, 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. "
27. in article 94(1): put the name of the article as follows: "article 94. The number of Board members and Board members ' limitations;
to supplement the article with the second, third and fourth subparagraph by the following: "(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, 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 ' remuneration. ";
believe the current text of article about the first part.
28. Replace article 95 in the first paragraph, the word "Council" with the words "the Council, if any, or the shareholders ' meeting (society in which no Council)".
29. the express article 96, second subparagraph by the following: "(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. "
30. Add to article 98, the second subparagraph of paragraph 4 by the following: "4) all in the fourth paragraph of this article, in these matters, if the society will not be created by the Council."
31. the transitional provisions be supplemented by 22, 23, 24, 25, 26, 27, 28 and 29 by the following:

22. "a Person who is a member of the Council or the Executive Board more than two private, State or municipal corporation, not later than until 1 May 2009 to take the necessary steps to comply with this law, in article 61, the fifth part of the third subparagraph of article 89 or article 94 of the second part. If private, State or municipal corporation governing body after 1 May 2009, finds that its Executive Board or Council Member violates this law article 61 in the fifth paragraph, the third subparagraph of article 89 or article 94 in the second part of the restrictions (on national and municipal corporation Council and Board member of the connection), the governing body shall, no later than 15 May 2009. the amendments made to the Corporation's basic documents.
23. If national or local authorities with limited liability company 2009. April 1 has been created by the Council, the governing body of the society no later than May 1, 2009. According to article 47 of this law the requirements of the third paragraph (that the State and local societies with limited liability will not be created by the Council) for the amendment of the company statutes.
24. Article 61 of this law in the sixth, 89 of the fourth paragraph of article and article 94 of the third part (regarding the language, work experience, education and qualifications) those applicable state and municipal corporation of Board and Council members, who are appointed in this position after the 1 April 2009.
25. The Cabinet of Ministers until 2009 April 1 issue this law, article 14 of the sixth part of these provisions, which govern the local shareholders and representatives of the responsible employee remuneration arrangements.
26. national or local joint stock company, which does not comply with this law, the first paragraph of article 89 criteria no later than May 1, 2009, to make the relevant amendments to the company's articles of Association and States that that society will not be created by the Council.
27. If a national or local joint stock company complies with this law, the first paragraph of article 89 of the criteria, but the Council of the society has more than three members of the Governing Council, the governing body of the society no later than May 1, 2009. According to article 89 of this law, the requirements of paragraph 1.2 shall amend the statutes of the public and in accordance with the requirements of the Law Society Council members shall be appointed.
28. the national or municipal corporation's Board members, who are appointed to the 2009 April 1, according to article 61 of this law, the third or the second subparagraph of article 96 requirements agreed remuneration is calculated and paid, starting with may 1, 2009.
29. The Cabinet of Ministers until May 1, 2009 to issue rules governing: 1) article 61 of this law, third paragraph, and article 96 in the second part of these State and local capital company size criteria and raksturojošo according to the size of the company remuneration applicable to the maximum coefficient;
2) article 89 of this law, referred to in paragraph 1.1 the public turnover, balance sheet total and the procedure for determining the number of employees. "
The law shall enter into force on 1 April 2009.
The law adopted by the Parliament in the March 12, 2009.
President Valdis Zatlers in Riga V. 25 March 2009 Editorial Note: the law shall enter into force on the 1 April 2009.