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Supervision Of Credit Institutions And Investment Firms Restoration And Settlement Law

Original Language Title: Kredītiestāžu un ieguldījumu brokeru sabiedrību darbības atjaunošanas un noregulējuma likums

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The Saeima has adopted and promulgated the following laws of Valstsprezident: the prudential supervision of credit institutions and investment firms Act of renewal and relief I nodaļaVispārīg rules article 1. (1) the Act is used in the following terms: 1) early intervention measures — measures that are applied to the body or this law, article 2, second paragraph, 2, 3, or 4, the financial company (also: financial institution or company) if it offends or expected in the near term would violate the law of credit institutions, the law on the financial instruments market or financial and capital market Commission's regulatory rules or directly applicable European Union legislation; 2 separation of assets of the instrument), the mechanism by which the President of the authority, the authority shall forward its assets, rights and obligations of the asset management company; 3) asset management company: an entity that has a significant interest in one or more direct or mediated administrations and which is located in the financial and capital market Commission's control and is designed to receive and keep one or more of its authorities or interim authority assets, rights or obligations; 4) commitments: the appropriate authorities or public liability and equity instruments that do not qualify as core tier one equity, the first level of additional equity or second level capital instruments and which are not excluded from the application of internal instrument recapitalisation; 5) restore ability-the ability to renew the authority his financial status after its substantial deterioration; 6) emergency liquidity assistance — national central banks provide funds paying authority or a financial firm's short-term liquidity problems. The assistance referred to in this paragraph is not part of the monetary policy; 7) the relevant capital instrument — the first level of the additional equity instruments or equity instruments of the second level; 8) foreign body: a company whose head office is situated outside the Member State, and which, if any commercial activities in the EU, regarded as the authority of this Act; 9) foreign parent company — the parent company of the financial holding company, the parent or the parent of a mixed financial holding company, which does business in a foreign country; 10) foreign proceedings — a process carried out in accordance with foreign law, in order to manage the foreign authorities or the foreign parent company's insolvency, and to target and expected results are comparable in this statutory relief activities; 11) central bank's mechanism, the Member State central banks monetary policy authority or public financial assistance; 12) parent company of the European Union: the European Union's parent body, the European Union, the financial holding company of the mother or the mother's mixed financial holding company; 13) subsidiary of the European Union — the body that conducts commercial activities in one of the Member States and which is a subsidiary of a foreign entity or foreign parent company; 14) financial contracts are: (a) securities, including contract) securities, securities or securities of the group index and the hope of the disposal agreement, b), including contracts of goods goods transfer contracts with delivery in the future and hope of the contract, c) regulated market traded future contracts not traded on a regulated market and future contracts for any other goods, property, services, the transfer of rights for a fixed price at some future date, d) swaps , hope contracts on interest rates, foreign currency exchange contracts, a derivative contract relating to climate change, as well as any agreements referred to in this subparagraph similar to the contract or transaction, e) interbank loan agreements where the loan term is up to three months, f) roof in the contract "a", "b", "c", "d" and "e" referred to in the contract; 15) main areas of activity: the areas of activity and related services, which is important for the institution or group of income, profit or the franchise value of the source; 16) group — the parent company and its subsidiaries; 17) funding mechanism of the Group: the group-level authorities of the Member State responsible for the funding mechanism or mechanisms; 18) group level adjustment authority-the President of the authority in the Member State in which the institution of consolidated supervision; 19) group relief plan: a plan developed for the purpose of adjustment of the Group; the President of the Group of 20): one of the following: (a) the President of the step) parent company or consolidated supervision for the authority level b) interlocutory relief authorities instrument and the application of the relief coordination of implementation of the law in relation to the Group companies that fulfil the conditions of the application; 21) group company, a legal person in a group; 22) internal recapitalisation instrument — the mechanism by which the President of the Authority implementing the write-off or conversion rights with respect to its obligations of the authority; 23) institution, a credit institution or investment firm; 24) termination rights — the right to terminate the contract, to speed up the fulfillment of obligations, delete or set off any liabilities or similar provision, suspending, amending or deleting the obligations of a Contracting Party, or a rule that prevents the occurrence of the obligations under the Treaty; 25) transfer of ownership of instruments — equities, instruments with ownership, instruments that can be converted into shares and ownership instruments, which gives the right to purchase the shares or the transfer of ownership of the tools and instruments, which certifies the ownership of resulting therefrom; conversion factor-26) score, which determines their shares or other instruments of ownership number of will be converted to a certain category of undertakings on the basis of one of the relevant categories of debt instruments or clarify the claim value of unit; 27) critical functions, activities or services that stop in one or more Member States might lead to significant disruption of the provision of services in the economy or disassemble the financial stability of an institution or group size, market share, external and internal complexity or interconnectedness cross-border activities, particularly in the light of this action or service substitution; 28) crisis prevention measures: the right to prevent flaws or barriers to settlement activities, the early application of the intervention measures, the appointment of a trustee or a write-off or conversion rights; 29) crisis management measures, settlement activity or the appointment of a special manager or authorized representative appointed; 30) contractual instrument internal recapitalisation — a tool that according to the terms of the contract is scrapped or converted to the extent that it is necessary to other relevant obligations before the write-off or conversion and the insolvency case is linked to other relevant obligations and which cannot be repaid before another deletion of the corresponding obligations; 31) — liquidation of the public authority or the financial asset sales; 32) micro-enterprise, small and medium-sized enterprise: a company according to the Commission of 17 June 2014 to Regulation No 651/2014, by which certain categories of aid compatible with the internal market, the application of the Treaty and article 107.108 (text with EEA relevance) 1. term used in the annex; 33) transfer rights — the right to transfer shares of the institution, its other proprietary instruments, debt instruments, assets, rights or obligations, or any combination of them to the recipient. 34) secured obligations — obligations which, in the case of creditor's rights to payment or other performance is secured by the pledge of a claim or lien or security agreement, including liabilities arising from repurchase transactions and other title transfer collateral arrangements; 35) write-off or conversion rights — the right to engage in activities that focus on the equity or the reduction of the corresponding obligations or conversion of fixed instruments or other instruments of ownership in accordance with the procedure laid down in this Act; settlement activity — 36) decision to open financial institutions or public proceedings, interlocutory application or the instrument one or more measures, the implementation of the law; 37) settlement authority-financial and capital market Commission or another Member State, the President of the body that is empowered to apply the tools and implement adjustment measures; 38) conditions, the President of the conditions referred to in this law, the President of the activity; 39) adjustable body — authority, financial institution, financial holding company, a mixed financial holding company, a mixed-activity financial holding company, the parent financial holding company in a Member State, the European Union's financial holding company, the parent of a mixed financial holding company in a Member State and the European Union's parent mixed financial holding company, in respect of which the application is made; 40) adjustment measures, the application of the instrument — to achieve one or more of the measures referred to in this law; 41) significant branch-branch, the activities of which the Member State to be recognized as a significant financial market; 42) temporary authorities instrument — the mechanism by which its authorities issued shares or other ownership instruments or adjustable body assets, rights or liabilities transferred temporary authority; 43) debt instruments, bonds and other transferable securities, instruments, or recognize the resulting debt, and instruments, which give the right to buy debt instruments; 44) cross-border group — a group that consists of a group of companies, which does business in more than one Member State; 45) recipient — the society of adjustable body is passed to the ownership of shares, other instruments, debt instruments, assets, rights or obligations, or any combination thereof; 46) includes a contract — a contract, under which the number of claims or liabilities can be converted in one claim where the execution is accelerated fulfilment of the obligations of the Contracting Parties and should be immediately enforceable or terminated; 47) delete — mutual agreement contract, under which two or more claims or liabilities between the institution and its contracting parties can also be deleted. 48) systemic crisis: the financial system, which may have a serious negative impact on the economy; 49) sales tool — the mechanism by which the authority shall forward the application to the authority issued its shares or other ownership instruments or assets, rights or obligations of the buyer, not the interim authority; 50) State aid — business support business support Control Act; 51) State aid regulatory framework — the regulatory framework to support the control of commercial law within the meaning of article 4. (2) other terms used in the Act are consistent with the European Parliament and of the Council of 26 June 2013 in Regulation No 575/2013 for the prudenciālaj requirements for credit institutions and investment firms, and amending Regulation (EC) No 648/2012 (text with EEA relevance) (hereinafter Regulation No 575/2013) of the European Parliament and of the Council of 4 July 2012 in Regulation No 648/2012 for OTC derivatives, central counterparties and business registers (text with EEA relevance) used terms. 2. article. (1) the objective of this law is to ensure that recovery and relief measures for institutions and financial corporations contribute to a stable financial system, as well as to protect the interests of depositors and to reduce the possibility of financial institutions and the society for rescue use State budget funds. (2) this law shall determine the activities and measures with regard to: 1); 2) financial institutions which are credit institutions, investment firms or those parts 3 and 4 of the public referred to in paragraph subsidiary for such subsidiary under the consolidated supervision of the parent in accordance with Regulation (EC) no 575/2013; financial holding company, 3) mixed financial holding companies and mixed-activity holding company; 4) of the Republic of Latvia on financial holding company, the parent of the parent of the European Union, the financial holding company of the Republic of Latvia parent mixed financial holding company and the European Union's parent mixed financial holding company; 5 branches of foreign institutions) in the Republic of Latvia in the cases provided for in this Act. (3) the application of this law, financial and capital market Commission takes into account the institutions referred to in the second subparagraph and the financial community about the nature of the business, the composition of the shareholders or members, legal form, risk profile, scope and complexity and their significance to the financial system. (4) the authority and the financial community, the subject of this Act, if it is carried out in relation to the settlement activity, also apply the law of credit institutions and financial instruments market law provisions, in so far as this law provides otherwise. 3. article. (1) in the Republic of Latvia with the restore and the settlement of related transactions shall take financial and capital market Commission, taking into account the law, financial and capital market laws and regulations issued by the Commission, directly applicable European Union legislation and subject to the requirements of the European banking authority issued guidelines. (2) the financial and capital market Commission, acting in accordance with this law, take into account the potential impact of insolvency proceedings in all Member States in which the institution or group, and reduce negative impacts on the country's financial stability. (3) the financial and capital market Commission shall inform the Ministry of finance and the Bank of Latvia on the decisions it intends to take under this Act, and shall receive: 1) Ministry of reconciliation before making decisions that have a direct fiscal impact; 2) Latvian Bank reconciliation before such a decision is not accepted, can result in systemic crisis. (4) the financial and capital market Commission has the right to issue normative provisions according to this law, purpose and the scope and the European banking authority issued guidelines. 4. article. (1) taking into account the impact on financial markets, institutions, financing conditions or to the economy could lead to institution's possible insolvency and commercial nature of this authority, the extent, composition of the shareholders or members, legal form, risk profile and the importance of the financial system as a whole, the financial and capital market Commission, within its field of competence is entitled to determine the relief to the following requirements: 1) reconstruction and relief plan content and the frequency of updating; 2) from the authorities of the information would be content; 3) this statutory assessment of level of detail noregulējamīb. (2) implementation of the first paragraph of this article, financial and capital market Commission, if necessary, consult with the Bank of Latvia. (3) institutions which are subject to the direct monitoring of the European Central bank in accordance with the Council's October 15, 2013 Regulation (EU) no 1024/2013 European Central bank entrusted with specific tasks concerning policies relating to the supervision of credit institutions prudenciāl article 6, paragraph 4, or which constitute a substantial part of the financial system, develop its business recovery plans, and the individual adjustment plans. (4) the Authority considers important the financial system if you run any of the following conditions: 1) authorities, the total value of the assets exceeding eur 30 000 000 000; 2) authorities of the total value of the assets to the national GDP exceeds 20 percent, unless the total value of its assets is not less than eur 5 000 000 000. (II) the recovery plans of the nodaļaDarbīb article 5. (1) each institution that are not contained in a group that consolidated supervision applied to, establish and maintain operational recovery plan containing specific measures that the authority to restore their financial health after its significant deterioration. Operational recovery plans consider the internal control system of the basic elements of the law of credit institutions within the meaning of article 34.1. (2) recovery plan of the institution shall be submitted to the financial and capital market Commission. (3) the authority review its operational recovery plan at least once a year or after such changes to the appropriate authorities the legal form or organisational structure, business or financial position that would significantly affect the operation of the recovery plan or the need to amend the renewal plan. (4) renewal plans, it does not provide for the receipt of State aid. (5) recovery plan of action after the financial and capital market Commission's request included an analysis of how and when the authority under the conditions described in the plan may apply to the central bank, and help identify those assets, which will be qualified as security. (6) the financial and capital market Commission determine the activities to be included in the recovery plan the content of the information and the submission of this plan. (7) the authority renewal plan shall contain information on the financial situation of the institution, which carries out the plan referred to in the corresponding restore operation. The authority shall ensure the regular monitoring of these indicators and controls. (8) the authority is obliged to act in accordance with its action plan for the recovery, if the financial situation of the indicators have not yet been met. (9) decision to undertake activities in the recovery plan the authority shall immediately notify the financial and capital market Commission. 6. article. (1) the financial and capital market Commission six months after the receipt of the renewal plan, in consultation with the supervisory bodies of the Member State in which the relevant branches, assesses the submitted a recovery plan of action, taking into account that: 1) the implementation of the measures provided for to be able to save or restore the institution concerned or the financial stability of the Group; 2) solutions can be implemented quickly and effectively, preventing any significant negative effect on the financial system. (2) the evaluation of the compliance of the recovery plan of activity, financial and capital market Commission takes into account the institution's capital structure and financing sources, the organisational structure of the authority and the degree of complexity of the risk profile. (3) the evaluation of the action plan, the renewal of the financial and capital market Commission checks that the plan contains all the measures which may adversely affect the authorities noregulējamīb. (4) If, in assessing the activities of recovery plans, the financial and capital market Commission finds that there are significant deficiencies, it shall inform the relevant authority or the group parent company and request to the authority, within two months, the shortcomings noted deficiencies. (5) if the financial and capital market Commission considers that deficiencies in the activities specified in the recovery plan is not prevented, it can ask the body to carry out repeated adjustments in the plan. (6) If the authority does not submit an updated recovery plan for the activities or financial and capital market Commission finds that with the actions specified recovery plan is not adequately corrected its initial assessment shows the weaknesses or the body is unable to properly prevent the identified deficiencies, financial and capital market Commission, the authority shall, within a reasonable time to provide information about the changes that it can make in your business. (7) If the authority does not submit the following changes in the financial and capital market within the time limit fixed by the Commission or if the financial and capital market Commission finds that authorities appropriately of the proposed action does not prevent the identified deficiencies, financial and capital market Commission is entitled to ask the authority to take such measures as financial and capital market Commission deems necessary and proportionate, having regard to the seriousness of the deficiencies and the impact of these measures on the business of the authority. (8) the financial and capital market Commission is entitled to request that the authority performs one or more of the following measures: 1) reduces the risk profile of the institution, including liquidity risk; 2) provides the ability to implement a timely recapitalisation measures; 3) review the strategy and structure of the authority; 4) the amendment of the financing strategy in order to improve the primary scope and critical function of sustainability; 5) makes changes to the organisational structure of the authority. 7. article. (1) if the registered in the Republic of Latvia is the parent company of the European Union, it shall formulate and submit to the financial and capital market Commission's recovery plan group activities. The Group's activities in the recovery plan includes a recovery plan for the whole of the Republic of Latvia, a Member State of the parent company established for the group as a whole. The Group's activities in the recovery plan defines measures which may require the registered in the Republic of Latvia in the European Union's parent company and subsidiary company of each individual level. (2) the financial and capital market Commission is entitled to require the subsidiary to develop and submit individual transactions, recovery plans. (3) the financial and capital market Commission sends the Group recovery plan: 1) group company and the College of supervisors shall supervise institutions; 2) supervisory authorities in those Member States where significant branches as far as recovery plan of activity relates to the above branch; 3) the President of the subsidiary bodies. (4) recovery plan of activity of the Group's goal is to have all or any of the group this group is settling, the institution where it is in financial difficulties, in order to eliminate the root causes, which is based on the following conditions and restore the authority of the group or the relevant financial stability, while taking into account the different financial position of the group. (5) the Group's activities in the recovery plan includes the mechanisms of coordination and coherence of the measures, which are to be established in the Republic of Latvia in the European Union at the level of the parent of this Act 2 the second paragraph of article 3 and the public referred to in paragraph 4, the level, as well as measures to be taken and significant subsidiary affiliate level. (6) the activities of the Group recovery plan and personal subsidiary plans to include in article 5 of this law, as well as mechanisms for the internal group financial aid, adopted in accordance with the agreement on the Group's internal financial support, if any. (7) the activities of the Group recovery plan includes a number of restore options. (8) for each option group activities in the recovery plan shall determine whether there are barriers to restore the implementation of measures within the group, including the individual covered by the public plan level, and whether there are material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities or assets within the group. 8. article. (1) in the Republic of Latvia to the European Union established the parent group activities check out the recovery plan and compliance with individual action plans for renewal of the requirements assessed financial and capital market Commission, together with the relevant supervisory bodies of branches, as it relates to the relevant branch. This inspection and conformity assessment shall be carried out in accordance with the institutions, which are not part of the group, the recovery plans of action established procedure, in the light of the reorganisation measures with potential impact on financial stability in all Member States in which the Group operates. (2) the financial and capital market Commission and the supervision of the subsidiary bodies, the joint consultation and agreement of views, adopted decision (hereinafter referred to as a coherent decision) on: 1) recovery plan group activities and assessment; 2) solo transactions the renewal plans need institutions that are group; 3) this law article 6 application of the measures laid down in. (3) the supervisory authority shall adopt coordinated decision within four months from the date of the financial and capital market Commission sent a group of them operational recovery plan. (4) If the supervisory authorities do not adopt concerted decisions regarding the operation of the Group recovery plan test and evaluation or of any measures established in the Republic of Latvia in the European Union's parent company asked to take a decision on these matters shall adopt financial and capital market Commission, taking into account the views of the other supervisory authorities that it communicated the decision agreed deadline. Financial and capital market Commission of Latvia Republic the decision of the European Union established in the parent company and other supervisory bodies. (5) if any of the supervisory bodies coordinated decision deadline has approached the European banking authority with a request to provide coordinated support to the decision making of the European Parliament and of the Council of 24 November 2010 Regulation No. 1093/2010 establishing a European supervisory authority (European banking authority), amending Decision No 716/2009/EC repeals Commission decision 2009/78/EC (hereinafter Regulation No 1093/2010) article 19 of Financial and capital market Commission postponed making a decision and implementing the measures under the European banking the Authority's decision. If the European banking authority shall take a decision within one month, the decision to accept the financial and capital market Commission. (6) If the supervisory authorities agreed the decision deadline does not adopt harmonised decision on individual action plans for renewal of the authority and the need for this law, article 6 of the application of the measures set out in the subsidiary level, subsidiaries of the supervisory organ shall be entitled to make decisions within the framework of the surveillance, unless the financial and capital market Commission or other supervisory bodies involved is not contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19. The supervisory authorities, which have no dispute may take a coordinated decision on the Group's activities in the recovery plan, covering a group of companies that are under their supervision. (7) the financial and capital market Commission agreed the decision deadline are entitled to turn to the European banking authority with a request to provide aid according to the sixth paragraph of this article and in accordance with the laid down in Regulation No 1093/2010 article 19 of recovery plans and article 6 of this law in particular, as well as the measures in accordance with Regulation No 1093/2010 article 31, point "c" for assistance in a coordinated decision making. 9. article. (1) the financial and capital market Commission, as other Member States of the European Union of the Republic of Latvia, the parent company of subsidiaries established in the supervisory organ participate in a coordinated decision on the Group's assessment of the recovery plan. (2) If within four months from the date on which the Member State of the European Union supervisory bodies of the parent group's activities forwarded to the recovery plan, agreed the decision taken on recovery plan group activities and assessment or decision of any European Union Member State of the parent company to the measures to be taken, financial and capital market Commission implement measures according to the Member State of the European Union supervisory bodies of the parent's decision and the European banking authority agreed decision If one of the participating supervisory bodies have contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 and the European banking authority has taken a decision within one month. (3) If a decision on coordinated action and restore the individual plans of the institutions and the need for this law, article 6 of the application of the measures set out in the subsidiary company level has not been adopted within a particular period, the financial and capital market Commission has the power to take individual decisions in relation to the Republic of Latvia established subsidiary companies. If one of the participating supervisory bodies have contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 of the decision with respect to the Republic of Latvia established subsidiary companies and the European banking authority has adopted the following decision within one month from the date on which the relevant management authority contacted for help, financial and capital market Commission implementing measures in accordance with the European banking authority decision. (4) the financial and capital market Commission agreed the decision deadline are entitled to turn to the European banking authority with a request to provide aid according to the second paragraph of this article and in accordance with the laid down in Regulation No 1093/2010 article 19 of recovery plans and article 6 of this law in particular, as well as the measures in accordance with Regulation No 1093/2010 article 31, point "c" for assistance in a coordinated decision making. 10. article. 8 and 9 of this Act referred to in article coherent decisions and decisions adopted by the supervisory bodies are considered binding settlement to authorities in the Member State concerned, and apply to the supervisory authorities in the Member States concerned. (Iii) article 11 of the nodaļaNoregulējum plans. (1) after the financial and capital market Commission has held consultations with the authorities of the Member States of the application areas where significant branches, develop a plan for the President of each institution, which is not a member of the group covered by the consolidated supervision. The plan is for the President of the settlement activities, which the President of the Office may be made if the institution meets the conditions for carrying out the settlement. (2) the Settlement Plan provides for several variants, as well as the fact that insolvency can be very specific, or it may occur in the whole financial sector instability. Relief plans, it does not provide state aid and emergency liquidity assistance. (3) the President of the authority specified in the plan assets that are classified as security when logging on to the central bank of the Member State assistance. (4) the institutions are obliged to provide financial and capital market Commission needed information on settlement development and updating of the plan. Adjustment plan report once a year and updates each time the authorities legal structure or organisational structure, business or financial position significant changes that could significantly influence the effectiveness of the plan or settlement plan needs change. (5) the authority shall inform without delay the financial and capital market Commission of any changes, which makes it necessary to amend the settlement plan. (6) the measures provided for in the plan is the possibility of the application of instruments and measures for the application of the law to the authority. Settlement plans: 1) key elements of the plan summary; 2) summary of the major changes that have taken place over the authority after the latest submitted with the adjustment-related information; 3) how it would be possible to the extent necessary legal and economical to separate critical functions and main areas of activity of the other functions, to ensure continuity in the event of the insolvency of the institution; 4) all relevant aspects of the execution plan, expected time frame; 5) noregulējamīb a detailed description of the assessment; 6) a description of the measures to be taken in respect of measures to overcome or eliminate the barriers identified in the evaluation of the noregulējamīb; 7) a description of the critical functions of the authority, the main area of activity, as well as the procedure for determining the value of assets; 8) detailed description of the mechanisms which will ensure that the requested relief from the institutions required for the plan the information is updated and is President of the authorities; 9) financial and capital market Commission's explanation of the relief funding opportunities, providing national support and emergency liquidity assistance; 10) for a detailed description of the different adjustment strategies that could be applied to possible solution options, and a timetable; 11) a description of the institution's major mutual commitments with other institutions; 12) a description of the facilities to maintain access to payment and clearing services infrastructure, as well as other infrastructure and client position portability; 13) analysis of the impact of the plan, the staff of the body, including any associated cost estimate and a description of the procedures for consultation with employees in the course of application; 14) plan for communicating with the media and the public; 15) the minimum equity requirements and consistent with the obligations and time-limits the amount of that amount; 16) equity and contractual instruments internal recapitalisation minimum amount, if any, and the time limit provided for in the said scale; 17) description of measures authorities operational processes to ensure continuous operation; 18) views on the settlement of the Authority's plan, if any. (7) the financial and capital market Commission has the right to ask to have the authority and the finance company maintains detailed documentation of the financial agreement. Financial and capital market Commission may set a time limit within which the authority and the finance company presented with documentation of financial contracts. Financial and capital market Commission may set different deadlines for different types of financial contracts. (8) the financial and capital market Commission shall immediately forward to the settlement plan, the President of the other Member States concerned to the institutions. 12. article. The authority is bound by the financial and capital market Commission's request, the President plans to cooperate in design and provide all relief plans for the development and implementation of the necessary information. 13. article. (1) the financial and capital market Commission, together with the President of the subsidiary bodies, in consultation with the above important relief institutions branches, develop a plan of Group President of the Republic of Latvia to the European Union established in the parent company of the group in anticipation of either settlement established in the Republic of Latvia in the European Union at the level of the parent, or a division of the Group and the President of the subsidiary. (2) the financial and capital market Commission has the right to involve the Group's relief plan in the development and maintenance of foreign relief institutions located in the territory of the country, the Group has registered a subsidiary company or financial holding company, subsidiaries or significant. (3) the President of the group plan determines the adjustment measures: 1) registered in the Republic of Latvia in the European Union's parent company; 2) group comprises the subsidiaries located in the Member State; 3) companies, referred to in this law, article 2 of the second paragraph of point 3 and 4; 4) group comprises the subsidiaries, which are not located in a Member State. (4) the President of the Group's plans, on the basis of the information provided in accordance with article 12 of this law. (5) the President of the group plan shall specify: 1) interlocutory actions that need to take, in respect of the Group companies: both actions with respect to the application of this law article 2, second paragraph, point 3 and 4 referred to, the parent company and the subsidiary companies and the concerted action relief for subsidiaries of different variants of possible solutions; 2) evaluation of how relief tool could be used for the Group's companies in the Member States, as well as measures that would allow a third party to buy the entire group or individual, or its scope transactions carried out by several groups in the public or a specific group of companies; 3) information about cooperation with foreign national authorities concerned and the effects of the application in the Member States, if the group contains a foreign registered companies; 4) information on the measures required to facilitate the settlement of the group, if the conditions for making the application is established; 5) for information on measures to deal with the Group; 6) group relief information for funding sources and, if necessary, would require agreement on financing arrangements and principles for responsibility sharing between Member States ' funding providers for the funding. (6) the President of the group plan provides for State aid and emergency liquidity assistance. Principles relating to the attribution of responsibility between the Member States ' funding providers are determined based on fair criteria and taking into account the financing plan and its effects on financial stability in all participating Member States. (7) the assessment of the noregulējamīb of the group is being developed simultaneously with the President of the Group's updated plan. Group relief plan includes detailed description of noregulējamīb assessment. (8) the President of a group plan may have a disproportionate impact in any of the Member States. 14. article. (1) registered in the Republic of Latvia in the European Union's parent company provides financial and capital market Commission for the information which it is entitled to request, in accordance with article 12 of this law, and which applies to the Republic of Latvia to the European Union established in the parent company and to each of the Group companies, including on this law, article 2, second paragraph, point 3 and 4 referred to. (2) the financial and capital market Commission received information relating to the European banking authority in connection with the Group's relief plans and each respective subsidiary or affiliate, shall be relevant to the European banking authority, the President of the subsidiary bodies, the President of the member institutions, the major branches, the College of supervisors participating supervisory bodies and the national authorities responsible for the supervision of this law, in article 2, second paragraph, point 3 and 4 in the financial corporations carrying out commercial activities in the territory of the Member State concerned. Financial and capital market Commission not sending information relating to a foreign subsidiary, without the appropriate foreign supervisory authorities or relief authorities consent. (3) the financial and capital market Commission of Latvia in the report registered The European Union's parent company group relief plan and asked it to update once a year and whenever the group or groups in the form of the company or organisational structure, activity or financial position, changes that could significantly affect the plan. (4) registered in the Republic of Latvia in the European Union of the parent-led group of relief plan adopted by financial and capital market Commission and the President of the subsidiary bodies coordinated decision within four months from the date of the financial and capital market Commission has sent the information referred to in the second subparagraph. (5) if the financial and capital market Commission and the President of the authority concerned agreed the decision deadline does not adopt coordinated decision, the decision on the application of the Group's plan to adopt the financial and capital market Commission, taking into account the views of the other supervisory bodies. Financial and capital market Commission shall submit the decision to the Republic of Latvia to the European Union established in the parent company. (6) If one of the participating authorities agreed to the interlocutory decision deadline has approached the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19, financial and capital market Commission postponed making a decision and implementing measures, in accordance with the European banking authority decision. If the European banking authority shall take a decision within one month, the decision to accept the financial and capital market Commission. (7) If the President of the institutions concerned agreed a decision is not taken within a specified period, for each subsidiary company in charge of settlement authority is entitled to make decisions and to develop and maintain its supervision of the application of the public plan, unless the financial and capital market Commission or other supervisory bodies involved is not contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19. The supervisory authorities, which have no disagreement, may take a decision on the harmonised application of the Group's plan, including the supervision of existing groups. (8) the financial and capital market Commission agreed the decision specified period can apply to the European banking authority with a request to provide support under the seventh paragraph of this article in accordance with the laid down in Regulation No 1093/2010 article 19, unless one of the parties to the settlement, bodies do not consider that issue on which agreement has been reached, you can compromise the authority of that relief fiscal responsibility and in accordance with Regulation (EC) no 1093/2010 article 31, point "c" to help harmonize the decision making. (9) If the President of the authority concerned considered that the settlement plan with the Group's related question for which there is no agreement, may threaten the President of the authority referred to fiscal policy, financial and capital market Commission started the group relief plan, including evaluating the minimum equity requirements and the corresponding obligations. (10) the financial and capital market Commission shall forward to the registered in the Republic of Latvia in the European Union of the parent group's settlement plan for the supervisory bodies concerned. 15. article. (1) the financial and capital market Commission, as other Member States of the European Union of the Republic of Latvia, the parent company of subsidiaries established in the settlement authority shall participate in the decision on the harmonised application of the group plan. (2) If within four months from the date on which the other Member States of the European Union the President of the parent body has sent financial and capital market Commission, other Member States of the European Union's parent company submitted information which is of importance in the Republic of Latvia registered subsidiaries relief plan is adopted a decision on the harmonised application of the group plan, the financial and capital market Commission are binding on the other Member States of the European Union on the adjustment of the parent of the authority and the European banking authority agreed a decision on the settlement plan If one of the participating supervisory bodies have contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 and the European banking authority has taken a decision within one month. (3) If the President of the institutions concerned agreed decision is taken within a particular period, the financial and capital market Commission is entitled to take individual decisions in relation to the Republic of Latvia established a subsidiary, as well as to establish and maintain institutions registered in the Republic of Latvia, the President's plans. In that decision, the financial and capital market Commission sets out the reasons for the objections to the proposed settlement of the Group's plan and take into account the overall supervisory authorities and authorities responsible for opinions. (4) If a decision is taken on the agreed deadline for settlement in one of the participating institutions have approached the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 and the European banking authority has taken a decision within one month from the date of the application concerned authority contacted for help, financial and capital market Commission implementing measures in accordance with the European banking authority, except in the case of decisions When one of the parties to the settlement, bodies, finds that the European banking authority raised the matter passed to the Member State concerned may present a risk to the financial sector's stability. (5) the financial and capital market Commission agreed the decision deadline are entitled to turn to the European banking authority with a request to provide aid according to the second paragraph of this article and in accordance with the laid down in Regulation No 1093/2010 article 19 on the assessment of the recovery plan of activity, except where one of the participating relief agencies believe that the issues on which agreement has been reached, you can compromise the authority of that relief fiscal responsibility as well as in accordance with Regulation (EC) no 1093/2010 article 31, point "c" for assistance in a coordinated decision making. (6) If a decision is taken on the agreed settlement plan of the Group and the financial and capital market Commission is of the opinion that the application of the Group's plan for the related question for which there is no agreement, may threaten Latvia's fiscal policy, financial and capital market Commission asked the other Member States of the European Union the President of the parent body start a group settlement plan assessment, including assessing the minimum equity and liabilities in accordance with requirements. 16. article. This law, articles 14 and 15 of the said decision and decisions agreed that relief authorities, the absence of a coherent decision, are considered final and are applied to the President of the authorities concerned in the Member States concerned. NodaļaNoregulējum IV of the interinstitutional cooperation article 17. (1) the financial and capital market Commission after consultation with the authorities of the Member States of the application areas where significant branches, assess the extent to which the authority is not in a group, it is possible to tune without State aid. (2) the Authority considers adjustable if the authority concerned, applying the various adjustment instruments and rights, its maximum to avoid a significant negative impact on the Republic of Latvia or another Member State of the financial system, as well as from the broader financial instability or systemic crises and achieve the objective of ensuring institutions critically important function of the continuity. Financial and capital market Commission shall inform the European banking authority, if the Authority considers that the application is not possible. (3) the financial and capital market Commission shall lay down the requirements for the assessment of the application. (4) the evaluation of the Noregulējamīb pursuant to this article, the authority shall take measures simultaneously with the settlement plan and the updating of the preparation. 18. article. (1) in the Republic of Latvia to the European Union established the parent groups of adjustment carried out assessments of the financial and capital market Commission, together with the President of the subsidiary bodies and subsidiary bodies, as well as the monitoring of the application of the Member States authorities in areas where significant branches. (2) the Group considers that if, in applying its group of units responsible for the instruments and the rights to its maximum to avoid a significant negative impact on those Member States in which the Group companies or other financial systems of the Member States, as well as from the broader systemic financial instability or crisis, and to achieve the objective of ensuring the public is critical of the group function continuity. If the financial and capital market Commission believes that the President is not the authority may inform the European banking authority. (3) the evaluation of the noregulējamīb appearance of the Group settlement of the College. (4) the financial and capital market Commission issued rules and regulations set out the requirements established in the Republic of Latvia is a member of the parent group's assessment of the application. (5) the assessment of the Noregulējamīb pursuant to this article shall be drawn up at the Group's relief plan. 19. article. Financial and capital market Commission, as other Member States of the European Union's parent company subsidiary settlement authority participates in other European Union Member State of the parent company of the Group's relief assessment in accordance with this law, 15, 16 and article 20. 20. article. (1) if the financial and capital market Commission authority not contained in a group of noregulējamīb assessment concluded that there are significant obstacles to the peaceful settlement of relevant authorities, financial and capital market Commission shall notify that fact to the institution concerned and to the authorities of the Member States of the application areas where significant branches. (2) relief plan is halted until the financial and capital market Commission approved measures relevant to the noregulējamīb barriers or acted to implement one or more of the fourth paragraph of this article, these measures. (3) within a period of four months from the date on which the authority has received financial and capital market Commission notice on the application of the authority identified obstacles, it shall inform the financial and capital market Commission of the possible measures referred to in the relevant notification to reduce or eliminate barriers. Financial and capital market Commission, or with those measures can effectively reduce or eliminate the identified obstacles to the application of the authority. (4) if the financial and capital market Commission believes that possible measures for which the authority is notifying, the obstacles it is not possible to effectively reduce or eliminate the financial and capital market Commission is entitled to make one or more of the following measures: 1) request the authority to review the Group's internal financing mechanisms or the lack of it, the appearance or prepare service agreements, to ensure that critical functions; 2) require that the authority limits the maximum amount of exposures; 3) request specific additional information or regular relief purposes; 4) require that the body disposes of specific assets; 5) request the authority to limit or terminate specific start and planned activities; 6) request the authority to limit or eliminate new or existing, developments of the scope or a new or existing product sales; 7) require that you make changes to the institutions or companies in which the group or the Group company has a participation, legal structure or organizational structure to ensure that critical functions can legally and organisationally separated from the other functions, the application of the measures; 8) request, to the authority or the parent company of the Member State set up a financial holding company of the mother or the mother's financial holding company; 9) request, to the authority or the financial community attracting new provisional commitments in accordance with the preparation of the assessment; 10) request, to the authority or the finance company shall take other measures in order to ensure its compliance with the minimum of own funds and the corresponding obligations, as well as the requirement that the eligible liabilities, the first level of the additional equity instruments or equity instruments of the second level which it emits or attracted, can implement any interlocutory decision to write off or convert these obligations or instruments in accordance with the legislation of the Member State concerning those obligations or instruments; 11) if the institution is a mixed-activity holding company subsidiary company — request that the mixed-activity holding company creates a separate financial holding companies that control the authority, if necessary, to facilitate the application of the authority and prevent relief instruments and law negatively affects the part of the group that is not directly related to the the provision of financial services. (5) Before the fourth part of this article for the implementation of the measures set out in the financial and capital market Commission, if necessary, together with the Bank of Latvia will give due consideration to the possible impact of measures on a particular body, the internal market for financial services, financial stability in other Member States-each individually and as a whole. (6) the authority within one month after the fourth paragraph of this article, the measures laid down are obliged to submit financial and capital market Commission of the measure the execution plan. 21. article. (1) registered in the Republic of Latvia in the European Union the President of the parent group President of the College in the assessment of the financial and capital market Commission, together with the President of the subsidiary bodies of the Board after consultation with the supervisors and the authorities of the Member States of the application areas where significant branches to make a coherent decision about this law, article 20 of the fourth part of the application of the measures laid down in regard to all institutions that are part of the group. (2) the financial and capital market Commission, in cooperation with the European banking authority shall prepare and submit a report to the Republic of Latvia to the European Union established in the parent company, the President of the subsidiary bodies, which puts it in control of its existing subsidiary companies and the authorities responsible for the territories of the Member States where significant branches. The report shall contain information about the major obstacles to adjustment tool for the effective application and settlement rights for the group, as well as information on the impact on the Authority's operations model and suggests proportionate and targeted measures that financial and capital market Commission deems necessary or appropriate in these obstacles. (3) within a period of four months from the date of receipt of the report of the Republic of Latvia in the European Union registered parent company can submit their observations to the financial and capital market Commission and advise them on possible measures reported obstacles. (4) the financial and capital market Commission shall inform the European banking authority, the President of the subsidiary bodies and the President of the authority, other Member States, which are important for all branches in the Republic of Latvia, a Member State of the parent company established in the measures proposed. Financial and capital market Commission and the President of the subsidiary body after consultation with the President of the supervisory authorities and authorities in the territory of the Member State in which the relevant branches, the President of the College shall adopt coordinated decision on the significant barriers to the detection and assessment of established in the Republic of Latvia in the European Union's parent company and the relief measures proposed by the authorities of the measures required to reduce or eliminate obstacles, taking into account the potential impact of these measures in all the Member States in which the Group operates. (5) the agreed decision shall be taken within four months from the fourth paragraph of this article, that the date of submission of the report. Financial and capital market Commission decision notified to the Republic of Latvia to the European Union established in the parent company. (6) if the measures concerned institutions not given period adopted the coordinated decision, financial and capital market Commission, taking into account the different points of view, the application itself decides on this law, article 20 of the fourth part of the measures laid down in the group level. Decision adopted by the financial and capital market Commission shall notify the Republic of Latvia to the European Union established in the parent company. (7) if any of the participating authorities agreed the settlement decision, the deadline has approached the European banking institution with the request to support the concerted adoption of Regulation No 1093/2010 article 19, financial and capital market Commission postponed making a decision and implementing measures, in accordance with the European banking authority decision. If the European banking authority shall take a decision within one month, the financial and capital market Commission's decision. (8) If the agreed decision is adopted, the President of the subsidiary bodies may establish appropriate measures of barriers to a settlement regarding the subsidiary jurisdiction, unless the financial and capital market Commission, or other body is not involved in the settlement urged European banking institution with the request to provide the aid under Regulation No 1093/2010 article 19. (9) the financial and capital market Commission agreed the decision period shall be entitled to turn to the European banking authority with a request to provide aid according to the eighth part of this article in a concerted decision on article 20 of this law, in the fourth paragraph, the measures under Regulation No 1093/2010 article 19 and Regulation No 1093/2010 article 31, point "c". 22. article. (1) the financial and capital market Commission, as other Member States of the European Union of the Republic of Latvia, the parent company of subsidiaries established in the settlement institution participating in the concerted adoption of this law, article 20 of the fourth part of the application of the measures laid down in regard to all institutions that are part of the group. (2) If within four months from the date of the parent application the Member State authority financial and capital market Commission has sent a report on the application of the significant obstacles for the effective application of the instruments and measures relating to the exercise of the rights group, agreed the decision taken under the first paragraph of this article, the financial and capital market Commission takes into account in another Member State of the European Union the President of the parent bodies and the European banking authority coordinated decision with respect to the Group If one of the participating supervisory bodies have contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 and the European banking authority has taken a decision within one month. (3) If the President of the concerned authorities have not adopted the period specified coordinated decision, financial and capital market Commission is entitled to impose appropriate measures relief barriers with respect to the Republic of Latvia established subsidiary companies. In that decision, the financial and capital market Commission takes into account the views of other relief institutions. Financial and capital market Commission shall notify its decision to the subsidiaries established in the Republic of Latvia society and another Member State of the European Union of the mother the public. (4) If a decision is taken on the agreed deadline for settlement in one of the participating institutions have approached the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 and the European banking authority has taken a decision within one month from the date of the application concerned authority is contacted for help, financial and capital market Commission implementing measures in accordance with the European banking authority decision. (5) the financial and capital market Commission agreed the decision deadline are entitled to turn to the European banking authority with a request to provide aid according to the second part of this article in a concerted decision on this law, article 20 of the fourth parts 7, 8 and 11 of the measures referred to in paragraph in accordance with regulations No. 1093/2010 article 19 and Regulation No 1093/2010 article 31, point "c". 23. article. (1) in this chapter, referred to in the agreed decisions are considered final and binding on the financial and capital market Commission. (2) the European Union's parent company group relief plan is halted until the participating institutions are approved by the President of the European Union's parent company measures proposed or adopted measures for substantial relief of the obstacles. V nodaļaGrup's internal financial support article 24. (1) the parent company of a Member State or of the European Union's parent company or this law, article 2, second paragraph, point 3 and 4 that financial firms and their subsidiaries in other Member States or abroad, which are financial institutions and covered by the consolidated supervision of the parent, may conclude an agreement on financial support to any of the parties to the agreement which comply with the conditions of early intervention, provided compliance with the conditions of this chapter. (2) the agreement on the Group's internal financial support does not affect the Group's internal financial mechanisms, including funding mechanisms and centralized funding mechanism performance, provided that none of such mechanism does not match the activities of participants in early intervention. (3) the absence of the agreement shall not affect: 1) the group financial support to any group company that finds itself in financial difficulties, if the institution decides to provide it, assessing each individual case under the group policy, and if it does not present a risk for the entire group as a whole; 2) group activities in a Member State. (4) the agreement on the Group's internal financial support does not affect the law of credit institutions in the financial and capital market Commission rights on financial stability reasons, impose restrictions on intra-group transactions or be obliged to separate groups or activities that take place within the group. (5) the agreement on the Group's internal financial assistance may apply: 1) on one or more of the Group's subsidiaries and to provide the financial support of the parent-subsidiary company, a subsidiary of the financial support of the parent company, financial support between Group subsidiaries which are party to the agreement; 2) provide financial support by providing loans, guarantees, assets to use as collateral, or any type of financial support referred to a set of one or more transactions, including transactions between the recipient and the third party. (6) If, in accordance with the internal agreement on the Group's financial support terms of company group agrees to provide financial support for other groups in the society, the agreement may provide that the group receiving public aid, in turn, agrees to provide financial support for groups that provide assistance to the public. (7) the agreement on the Group's internal financial aid determines the principles of calculation of remuneration in respect of all transactions carried out in accordance with this agreement. These principles include a requirement to determine the remuneration of financial support. Agreement, the remuneration calculation principles for financial support and the other terms of the agreement comply with the following principles: 1) of the agreement concluded by either party on a voluntary basis; 2) concluding the agreement and determining the remuneration for the provision of financial support, each party will act in a way that best suits its interests, taking into account any direct or indirect benefits which the party can gain financial support; 3) before determining remuneration for the provision of financial support and before deciding on financial support, each providing financial support for the party to fully receive the relevant information from the financial support of the receiving party; 4) determining the remuneration for the provision of financial support, are entitled to take into account the information available on the market, which is the financial support of the assisting party because it is in the same group with the financial support of the receiving party; 5) fixing the remuneration for the provision of financial support the principles of the calculation may take account of any foreseeable impact on the interim market prices caused by events outside the group. (8) the agreement on the Group's internal financial support may be concluded only if the time when the proposed agreement has been drawn up, in accordance with the opinion of the supervisory authorities of the parties, not one of the parties does not comply with the conditions of early intervention. (9) the rights, including the right of action, or action arising from the agreement on the Group's internal financial support can be implemented only the parties to the agreement. 25. article. (1) registered in the Republic of Latvia in the European Union's parent company shall submit financial and capital market Commission an authorisation agreement on the Group's internal financial aid. The application shall set out the content of the proposed agreement and the Group companies have applied to become parties to the agreement. (2) the financial and capital market Commission shall immediately forward to the application of each of the subsidiary who is logged on to become party to the agreement, a monitoring body to achieve a coherent decision. (3) the financial and capital market Commission shall take a decision on the authorisation, if the proposed agreement comply with the Group's internal conditions of financial support. (4) the financial and capital market Commission and the subsidiary concerned control bodies, taking into account the potential impact of execution, as well as the fiscal consequences in all Member States in which the Group operates, within four months from the date of the financial and capital market Commission has received an application, adopt a consistent decision on whether the proposed agreement the conditions meet the Group's internal financial aid conditions. Financial and capital market Commission sends the decision to the applicant. (5) If the time-limit set by the supervisory authorities in the consistent decision is not adopted, a decision on the authorisation of the proposed agreement on the Group's internal financial support to adopt financial and capital market Commission, taking into account the views of the other supervisory bodies, expressed in coherent decision-making within a determined period. Financial and capital market Commission shall notify the decision to the applicant and the other supervisory authorities concerned. (6) if any of the supervisory bodies concerned agreed the decision deadline has approached the European banking authority with a request to support a coordinated decision making in accordance with Regulation No 1093/2010 article 19, financial and capital market Commission postponed making a decision and implementing measures, in accordance with the European banking authority decision. If the European banking authority shall take a decision within one month, the decision to accept the financial and capital market Commission. (7) the financial and capital market Commission agreed the decision specified period can apply to the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 31, point "c" for assistance in a coordinated decision making. 26. article. (1) the financial and capital market Commission as other European Union Member State of the parent company's subsidiaries management authority participates in the coordinated decision on the authorisation of the Member State of establishment of the proposed agreement, the mother of the Group's internal financial support. (2) If within four months from the date on which the other Member States of the European Union supervisory bodies of the parent has received an authorisation agreement on the Group's internal financial aid, agreed the decision is adopted, the financial and capital market Commission are binding on the Member State authority bodies of the mother and the European banking authority decision, if one of the participating supervisory bodies have contacted the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 and the European banking authority has taken a decision within one month. (3) the financial and capital market Commission agreed the decision specified period can apply to the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19 or article 31, point "c" to help harmonise the authorisation decision on the agreement for the Group's internal financial support. 27. article. (1) the agreement on the Group's internal financial support, which is authorised by the supervisory bodies, each submitted for approval to the shareholders of the group meeting of who is logged on to become party to the agreement. In this case, the agreement is valid only for those parties whose agreement is the shareholders ' meeting approved. (2) the shareholders of the Group shall be entitled to authorise the Council of the company or of the Group Executive Board decide that the Group company will provide or receive financial support under the agreement and the conditions of this law. (3) Each company that is party to the agreement, the Council shall annually report to the shareholders on the implementation of the agreement and in the context of the agreement on the implementation of the decisions taken. 28. article. The financial support under the agreement on the Group's internal financial support groups the public is entitled to provide only if all of the following conditions are met: 1) the support provided will prevent significant financial difficulties of the Group company will receive this support; 2) financial support aims to preserve or restore all group or any group company's financial stability, and support is assisting the group in the public interest; 3) financial support granted for consideration; 4) on the basis of the financial support of the public assisting the Group Executive Board or Council of the information available at the time when the decision is taken on the provision of financial support, the Group company which receives aid in consideration for the payment of the aid and, if the support is provided in the form of a loan, the repayment of the loan. If support is provided or any security guarantees, the same conditions shall apply to the obligations of the recipient host if the guarantee or collateral is used; 5) financial support does not undermine the support group community assisting, its liquidity or solvency; 6) financial support does not threaten financial stability in the Republic of Latvia or another Member State; 7) group company that provides support, support it at the moment of the execution of the activities of regulatory requirements and financial support is not the reason for the Group's company violated these requirements unless authorised by the supervisory authority, which is responsible for notifying the company of individual aid; 8) financial support does not support notifying the public of the Group noregulējamīb. 29. article. The decision on the Group's internal financial support or acceptance in accordance with the agreement of its group company, which will provide financial support. This decision is based and shall specify the purpose of the aid and that it meets the financial support. 30. article. (1) the Group company which intends to provide financial support, before the aid in accordance with the agreement on the Group's internal financial support shall notify: 1) financial and capital market Commission; 2) institution of consolidated supervision; 3) companies that will receive financial support, the surveillance authority. 4) the European banking authority. (2) the notice shall include a group established in the Republic of Latvia adopted by the public decision on the Group's internal financial support and detailed information on the proposed financial support, including the agreement on the Group's internal financial aid. (3) the financial and capital market Commission within five working days from the date of receipt of the notification may accept financial support or to prohibit or restrict, if it finds that the failure to comply with this law, referred to in chapter V of the Group's internal financial support. (4) the financial and capital market Commission decision to approve, prohibit or restrict financial aid immediately of: 1) to the institution of consolidated supervision; 2) which will receive financial support, to the supervisory authority; 3) the European banking authority. (5) the Group company which intends to provide financial support, your decision on financial support shall: 1) financial and capital market Commission; 2) institution of consolidated supervision; 3) companies that will receive financial support, to the supervisory authority; 4) the European banking authority. 31. article. (1) if the financial and capital market Commission's consolidated supervision authority or if the financial support of the receiving company is registered in the Republic of Latvia in Group company, which carries out the monitoring of the financial and capital market Commission, a group established in another Member State of the company, which intends to provide financial support, shall communicate to the financial and capital market Commission of the intention to provide financial support, as well as send the decision on the provision of financial support. (2) if the financial and capital market Commission is a group of companies intends to provide financial support, consolidated supervision authority, the financial and capital market Commission shall immediately send the other supervisors and the President of the Board of the College, members of a group which intends to provide financial support received by a management authority of the decision to approve, prohibit or restrict the financial support, as well as send a group society, which intends to provide financial support the decision on the provision of support. (3) if the financial and capital market Commission as a group of companies intends to provide financial support to the institution of the consolidated, which oversees aid to the receiving society, is opposed to the society, which intends to provide financial support, the decision of the supervisory institutions prohibit or restrict financial aid, it is entitled to two days to submit the matter to the European banking authority in accordance with Regulation (EC) no 1093/2010 article 31. (4) if the financial and capital market Commission is a group of companies, which has rejected the financial support, the monitoring institution, and if the Group's activities in the recovery plan includes a reference to the Group's internal financial aid, financial and capital market Commission is entitled to request that the institution of consolidated supervision reassess the Group's recovery plan or, if the recovery plan developed for the individual request to the Republic of Latvia registered subsidiary company submitted a revised recovery plan for the activities. 32. article. Registered in the Republic of Latvia in Group company in your website publishes information on the internet about whether it is or is not involved in the agreement on the Group's internal financial support, giving the General conditions of the agreement and the agreement among the Group of company names as well as yearly updates of the published information. NodaļaAgrīn intervention measures VI article 33. (1) where the authority or soon would violate the law of credit institutions or financial instruments market law, or financial and capital market Commission, the laws, regulations or directly applicable provisions of Union law and deteriorating financial position of the authority, the financial and capital market Commission in addition to the other laws and its rights to apply the surveillance measures shall have the right, setting a deadline for the execution of measures, subject to such early intervention measures : 1) require that the authority carries out one or more activities in the recovery plan measures or actions raise the recovery plan when the circumstances that led to early intervention, different from the original recovery plan of action set out in the allegations, and in implementing the statutory period of one or more of the updated plan envisaged measures; 2) require that the authority according to the situation, measures should be any found to solve problems and draw up a programme of action to resolve these problems and the timetable for implementation; 3) require that the Management Board of the authority shall convene the general meeting or, if the Board does not meet this requirement, to convene a shareholders ' meeting, in both cases, setting the agenda and asking shareholders to decide on specific decisions; 4) demand that is canceled or newly appointed by one or more of the Board, Council or senior management members, if the persons concerned in accordance with the laws and requirements laid down in them are considered unsuitable for the performance of their tasks; 5) require that the authority shall draw up plans for negotiations with its creditors on a debt restructuring under the recovery plan of action; 6) require that you make changes in the strategy of the institution; 7) require that you make changes in the organisational structure of the authority; 8) get all the authorities responsible for the updating of the plan, the possible settlement and assets and liabilities of the authority the information required for assessment, including on-the-spot checks, and request that you submit all the required information. (2) the financial and capital market Commission has the right to require the authority to contact potential customers, thus preparing for the application of the authority, subject to the non-disclosure of information (confidentiality) rules. 34. article. (1) before the early application of the intervention arrangements or the appointment of Governors established in the Republic of Latvia in the European Union's parent company in the Financial and capital market Commission shall inform the European banking authority, consult with other members of the College of supervisors and shall take a decision on the early application of the intervention arrangements or the appointment of a trustee, which shall inform the European banking authority and monitored by members of the College. In adopting that decision, the financial and capital market Commission takes account of its impact on group companies in other Member States. (2) if the registered in the Republic of Latvia is a Member State of the subsidiary of the parent company shall inform the supervisory authority of financial and capital market Commission of the intention to apply early intervention measures or to appoint a trustee, financial and capital market Commission within three working days, an evaluation of the planned measures, the impact on the company, group or group companies in other Member States. (3) If more than one registered in the Republic of Latvia is a Member State of the parent-led group firm surveillance authority intends to apply early intervention measures or to appoint a trustee, financial and capital market Commission and the rest of the supervisory authorities consider the appointment of the Governors of all the same companies involved or early intervention measures for several institutions. Five days after the financial and capital market Commission has informed about the European banking authority and monitored by members of the College, the financial and capital market Commission and the supervisory authorities concerned shall adopt a coherent decision, notify the Member registered in the Republic of Latvia in the parent company. (4) If a coherent decision is taken within a particular period, the financial and capital market Commission may decide on early application of the intervention arrangements or the appointment of a Governor under the supervision of existing institutions. 35. article. On the financial and capital market Commission's right to appoint Governors and his operational procedures apply to the law of credit institutions and financial instruments market law. 36. article. (1) the financial and capital market Commission as other European Union Member State of the parent company's subsidiaries supervisory body the College of supervisors shall give their views on other groups of public supervisory bodies the planned monitoring measures or the appointment of a Governor under the supervision of existing societies. (2) before the early application of the intervention arrangements or the appointment of the Governors of the other Member States of the European Union's parent company in the Republic of Latvia registered the subsidiary financial and capital market Commission shall inform the European banking authority, and consult with other members of the Board of supervisors. (3) after the second paragraph of this article, the provisions of the financial and capital market Commission within three days of receiving the institution's assessment of consolidated supervision on the planned financial and capital market Commission of the impact of measures on the community, group or group companies in other Member States and, taking this into account, shall take a decision on the early application of the intervention arrangements or the appointment of Governors, announced the members of the College, supervised it. (4) if the intention to apply early intervention measures or to appoint Governors of financial and capital market Commission has regarding the supervision of the other European Union Member State of the parent company of the Group and another group to the management authority for the supervision of groups in the community, financial and capital market Commission participates in the coordinated decision making on one proxy, the appointment of all participating companies or early intervention measures for several institutions. (5) If, within five working days after the other Member States of the European Union supervisory bodies of the parent has informed the members of the College of supervisors, agreed the decision is adopted, the financial and capital market Commission is entitled to adopt a decision on early application of the intervention arrangements or the appointment of a Governor under the supervision of existing institutions. 37. article. (1) by adopting this law, in article 34 of that decision and the application of article 35, the financial and capital market Commission takes account of the different supervision institutions involved, as well as the views of potential impact on financial stability in other Member States. If one of the participating supervisory bodies up to 34 of this Act and referred to in article 35 of the financial and capital market Commission's decisions are brought to the European banking authority with a request to provide the aid under Regulation No 1093/2010 article 19, financial and capital market Commission postponed making a decision and implementing measures, in accordance with the European banking authority decision. If the European banking authority shall take a decision within three days, the decision to adopt the financial and capital market Commission. (2) the financial and capital market Commission agreed the decision period shall be entitled to turn to the European banking authority with a request to support a coordinated decision on the action plan for renewal of the measures laid down in the capital and liquidity necessary for the activities, institutions own funds, access to emergency funds sources, the debt restructuring plan, the activities envisaged, the changes in the strategy of the institution, as well as in accordance with Regulation (EC) no 1093/2010 article 31, point "c". VII nodaļaNoregulējum activity and adjustment instruments article 38. (1) the application of adjustment tools for its authority, Financial and capital market Commission choose the tools which best achieves the following objectives: 1 settlement) guarantee critical continuity of functions; 2) avoid any negative significant influence on financial market stability and maintain market discipline; 3) to protect public funds, reducing the reliance on State aid; 4) protect depositors ' interests; 5) protect customer funds and client assets. (2) the financial and capital market Commission possible, to take steps to reduce settlement costs and does not decrease the value of the assets, unless it is necessary for the attainment of the objectives of the application. (3) all goals are equally important adjustment. Choosing and applying the current relief operation, financial and capital market Commission shall evaluate persons ownership limit of proportionality. 39. article. (1) the financial and capital market Commission carried out relief activities only if all the conditions of the application: 1) financial and capital market Commission finds that the Authority's financial difficulties or, it may end up in financial difficulties; 2 there is no reasonable possibility) that measures the authority can make shareholders or third persons, the measures which could be taken by the financial and capital market Commission and the respective equity write-down or conversion to a reasonable period of time will prevent the Authority's financial difficulties; 3) relief operation is required in the public interest to achieve one or more objectives of the application it is proportionate to those objectives, and if the institution of insolvency proceedings applied, these measures should not be achieved to the same extent. (2) Prior to the early application of the intervention measures should not be considered the basis for relief operation. (3) the authority or the financial company is or may be considered as being financial difficulties if it meets one or more of the following conditions: 1), the authority or the financial company or expected that authority or the finance company soon would violate its laws and regulatory requirements, and would be the basis to decide on the withdrawal of the licence (permit) or financial activities, including If the authority or the financial firm has or may have a loss of compensation which significantly decrease in authorities or public equity; 2) authorities or public assets are less than its liabilities or there are objective facts, on the basis of which it can be established that the authorities or companies active in the near future may be less than its liabilities; 3) institution or finance company could not meet its obligations or there are objective facts, on the basis of which it can be established that the institution or finance company will soon meet its obligations over a given period; 4) the authority or the financial community requires State aid, except where it is provided: (a)) the State guarantee mechanisms of liquidity provided by the Bank of Latvia in accordance with their own conditions, (b)) the State guarantee of new eligible liabilities, created c) equity and equity purchase price of that public authority or financial benefits are not granted, provided that the granting of State aid to the authority at the time or financial company is not, or may not be considered as financial firms in difficulty and not joined the third part of this article 1, paragraph 2 and 3 and article 77 of this Act the conditions referred to in the third subparagraph. (4) the third part of this article, paragraph 4 of the State aid is granted only for institutions that do not get into financial difficulties, and only after the European Commission decision on State aid is compatible with the internal market of the European Union. (5) the finding that financial institution or company meets the conditions of this article, the financial and capital market Commission shall take a decision on further action, also on applicable relief operations or insolvency proceeding. 40. article. (1) the financial and capital market Commission may take measures in respect of a financial institution referred to in article 2 of this law, the second subparagraph of paragraph 2, if both the financial institution and the parent company, covered by the consolidated supervision of this Act have been complied with article 39, first paragraph. (2) the financial and capital market Commission may take measures in respect of a finance company as referred to in article 2 of this law, the second subparagraph of paragraph 3 and 4, if the relief operation conditions are satisfied both in terms of this law, article 2 of the second paragraph of point 3 and 4 listed in the financial community, both in respect of one or more subsidiary undertakings is the establishment, or the When the subsidiary company operating in a foreign country and foreign supervisory authority has determined that it is applicable in accordance with the application of foreign laws. (3) where a financial holding company has a participation in the mixed-activity holding company, a subsidiary of the group relief in respect of a financial holding company, rather than for mixed-activity holding company. (4) If this law article 2, second paragraph, point 3 and 4 listed in the finance company does not meet the relief operation, financial and capital market Commission is entitled to take measures with respect to that company, if one or more subsidiaries which are the authorities comply with the conditions for the pursuit of settlement activities and their assets and liabilities are that this subsidiary may threaten the authority or the insolvency of the group as a whole. In assessing whether in respect of one or more subsidiary undertakings is the Authority satisfied relief operation conditions, the President of the authority, the authority and the financial and capital market Commission as the President of financial public institution may agree that will not apply within the Group implement a capital transfer of income, as well as implement the write-off or conversion rights. Article 41. (1) the application of adjustment tools and implementing relief law, financial and capital market Commission shall comply with the following principles: 1) the first bear adjustable body shareholders and persons who belong to other instruments of ownership; 2) after shareholders and persons who belong to other instruments of ownership, the loss shall be borne by the creditors of the institution in its; 3) is appointed the new Board of the institution, its Board and top management, except where full or partial retention is necessary for the attainment of the objectives of the application; 4) adjustable body Board, Council and senior management shall provide the necessary assistance to achieve the objectives of the settlement; 5) against the same sort of respect equal treatment; 6) are not suffering greater losses than those which they would have incurred if the authority or the financial company is eliminated; 7) cover the deposits are fully protected; 8 the President of the action) is carried out in accordance with this law. (2) if the authority is a company of the group, the financial and capital market Commission, the President of the applied tools and implement the settlement rights so as to minimize the impact on other companies of the Group and to the group as a whole, and minimize the adverse impact on the financial stability of the Member States, in particular, in which the Group operates. (3) the application of adjustment tools and implementing relief law, the authority shall inform the President of the employees ' representatives and consult with them. Article 42. (1) the financial and capital market Commission, abolishing the Council and its bodies, the Executive Board is empowered to appoint a special manager, which is obliged to take all necessary measures, including a capital increase, shareholders and members of the authority for the change of composition or the transfer of the Authority financially and organizationally stable control, to facilitate the attainment of the objectives of the application and implementation of relief operations in accordance with the financial and capital market Commission's decision. (2) in respect of the appointment of the head of the special arrangements apply to the law of credit institutions and the law on the financial instruments market Trustees. As regards the specific operation of the driver applies the law of credit institutions and of financial instruments market law includes rules, in so far as this law provides otherwise. (3) the financial and capital market Commission information on the appointment of a special manager shall publish on its homepage on the internet. (4) special driver has all the shareholders meeting, Board, Council and senior management of the authority the powers which he implemented financial and capital market Commission's control. The driver is not bound to a specific statute or legislation, the Board or the authority of the Council senior management responsibilities, in so far as they are inconsistent with special driving duties. (5) the Special Manager of its mandate at the beginning and end, as well as the financial and capital market Commission's request, shall prepare reports on the adjustable body the economic and financial situation and of the actions he has taken in the performance of their duties. (6) the Special Manager shall be appointed for periods not exceeding one year. In exceptional cases this time limit may be extended if the financial and capital market, the Commission considers that the conditions still exist, in particular the appointment of the Manager. (7) If, together with the financial and capital market Commission of the intention to appoint a special Manager group public in another Member State is also the President of the authority, the financial and capital market Commission and the President of the authority concerned consider the need to appoint the same special driver for all the companies. 43. article. (1) the financial and capital market Commission, the authority or the financial community, which meets the conditions of relief, apply one or more of the following tools: 1) the President of the company's sales; 2 the interim authority); 3 separation of instruments); 4) internal recapitalisation. (2) selecting the President of the applicable instruments, financial and capital market Commission shall consider whether the application of the relief in the case of the instrument vendor, shareholder and the person who owns the other instruments of ownership, the ownership restriction is proportionate to the public interest. Adjustment in the case of authorities or public shareholders, persons who belong to other proprietary tools or vendors due to this statutory compensation. (3) the divestiture of the assets of the instrument can only be applied with any other adjustment tool. (4) If the company's sales tools or instruments of the Provisional Authority used for the transfer of part of the assets of the authority, its rights or obligations, company assets, rights or obligations are transferred pursuant to the objectives of the application, apply to the liquidation. (5) the financial and capital market Commission and the President of the Fund for the financing of activities shall be entitled to reimbursement of all reasonable expenses incurred in connection with the adjustment of the instruments for one or more of the following ways: 1) as a deduction from the compensation received by adjustable or its shareholders, as well as persons who belong to other instruments of ownership; 2) priority creditor, from adjustable body; 3) priority creditor, of the revenue generated by the provisional institutions be removed, or asset management firm. (6) on the adjustable body assets, rights or obligations of separation to another company, applying the adjustment instrument, do not apply the laws and the rights of creditors to challenge the bankruptcy process within the framework of the decisions taken. (7) if the adjustment is provided within the framework of State aid before it is required to provide the European Commission decision on State aid is compatible with the internal market of the European Union. 44. article. (1) If in respect of the authority financial and capital market Commission intends to take action, but the President of the authority, the vendor or vendor group or other insolvency administrator shall submit financial and capital market Commission, bankruptcy, financial and capital market Commission shall adopt a decision rejecting the application. (2) If the authority for financial and capital market Commission does not intend to carry out relief operations, the order in which the authority of the bankruptcy filing, determine the validity of the credit institutions act and the law on the financial instruments market. (3) Against this law, article 2, second paragraph, point 3 and 4 companies in insolvency proceedings the Court may propose to the financial and capital market Commission. The Court upon this law, article 2, second paragraph, point 3 and 4 companies in bankruptcy, inform the financial and capital market Commission. (4) After the third part of this article establishes the obligation of executing court may consider this law, article 2, second paragraph, point 3 and 4 companies in bankruptcy, if the financial and capital market Commission has notified the Court that it does not intend to take any measures in respect of that company, or seven days has not provided an answer. NodaļaVērtējum VIII of article 45. (1) before the interlocutory application or corresponding instruments equity amortization, or conversion rights from direct and unmediated administrations, of the financial and capital market Commission, as well as from public authorities or an independent person, the evaluator (also, evaluator) — prepare a true and unbiased authority or financial assets and liabilities of the company. Assessment be deemed final if all the requirements laid down in this chapter. (2) If the evaluator can not prepare the assessment according to the first paragraph of this article, the assets and liabilities of the provisional rating may make financial and capital market Commission. (3) in order to achieve the objectives of the evaluation, it is necessary to do the following: 1) collect information to establish whether conditions are met the President or equity write-off or conversion conditions; 2) get the information to make a decision on the appropriate application of the President of the instrument; 3) retirement or converting the relevant equity instruments, getting the information to make a decision on the ownership of shares or other instruments for the cancellation or change of the structure and of the respective equity write-down or conversion; 4) application of internal instrument of the recapitalisation to get information to make a decision as to the appropriate related write-off or conversion; 5) applying a provisional authority instrument or asset divestiture tool to get information to make a decision on candidate assets, rights, obligations, shares or other ownership instruments and decision on the remuneration for its authority, paid to shareholders or persons who belong to other instruments of ownership; 6) application of the company's sales tool to get information to make a decision on transferring assets, rights, obligations, shares or other the transfer of ownership of the tools; 7) provide, at the time President of the instruments are applied or implemented the right to deduct or convert the relevant equity instruments, are fully recognized by all authorities or loss of public assets. Article 46. (1) the assessment is based on cautious assumptions, as well as the default risk and the extent of damage. The assessment does not include the assumption that financial institution or the public could be given Government aid and emergency liquidity assistance. (2) the assessment shall take into account that if any adjustment is applied to the instrument: 1) financial and capital market Commission and the relief fund from its authorities can receive reimbursement of all reasonable expenses in accordance with article 43 of this law the fifth part; 2 the President of the Fund) may charge interest and fees on loans or guarantees provided adjustable body. (3) the following shall be added to the rating information reflected in the of public authority or financial accounting records and supporting documents: 1) the updated balance sheet and statement of financial institutions or the financial position of the company; 2) asset structure analysis and estimate of the carrying amount of the assets; 3) list of the outstanding balance and off-balance-sheet liabilities, which is reflected in the authorities or public accounting records and supporting documents, with reference to the relevant credit and priority levels in accordance with the applicable laws governing insolvency. (4) in order to obtain the required information, article 45 of this law by third parts 5 and 6 of this decision, third paragraph of this article, the information referred to in paragraph 2 may be supplemented with the authorities or public assets and liabilities structure analysis and fair value estimates made in the preparation of the assessment day and based on the European Commission approved international accounting standards and international financial reporting standards. (5) the assessment shall indicate a breakdown of the claims of creditors according to priorities rounds level in accordance with the laws governing insolvency and assess conditions could apply to each shareholder, persons holding other instruments of ownership, and the vendor, if the authority or the financial community to start the process of insolvency. This assessment does not apply to evaluation, which shall be drawn up in accordance with article 96 of this Act. 47. article. (1) where either because of the urgency of the situation is impossible to meet the law's requirements of article 46 of this law or in article 45 in the second part of the financial and capital market Commission or the assessor prepares a preliminary assessment. The preliminary assessment includes additional loss reserves accordingly giving reasons. (2) the assessment that does not meet all the requirements of this chapter, be deemed provisional rating until the evaluator has prepared a final evaluation, which fully meets all the requirements of this chapter. The final assessment can be conducted separately from this law referred to in article 96 rating or at the same time, and both ratings can make the same evaluator, but they are considered to be two separate ratings. (3) the preparation of the final evaluation objectives are: 1), to ensure the institutions and financial corporations accounting documents is fully recognised by all authorities or loss of public assets; 2) get the information to make a decision on the renewal of claims of creditors or of the value of the compensation paid in accordance with the requirements of this law. (4) If the final rating is determined that the authorities or the net asset value of the company is estimated to be higher than the authorities or the net asset value of the company's estimates in the preliminary draft assessment, financial and capital market Commission: 1) entitled to exercise its rights to increase in accordance with the internal tool called recapitalisation creditors or persons who belong to the relevant capital instrument, the value of the claim; 2) instruct the provisional authority or asset management company to take further reimbursement payments to the authority for its assets, rights and obligations, or the persons who own the shares or other ownership instruments. (5) the preliminary assessment can be grounds for financial and capital market Commission, the President of the appropriate instruments to take over the control of adjustable body that could become insolvent, or the implementation of the right to deduct or convert the relevant equity instruments. (6) assessment is an integral part of the decision shall apply to the adjustment of the instrument implementing the relief or the respective equity write-off or conversion rights. NodaļaUzņēmum IX sales adjustment tool article 48. (1) the financial and capital market Commission may refer a purchaser who is not a temporary body, adjustable body shares, other proprietary tools, assets, rights or obligations (hereinafter referred to as company sales tool) without any of the shareholders or of the person who owns the other instruments of ownership, consent and without regard to the laws and other requirements regarding the ownership of tools, assets, rights or liabilities. (2) the company's sales tool is applied, on the basis of the civil legal transactions concluded in the agenda, taking into account the evaluation made by the evaluators, as well as in accordance with the regulatory framework of State aid. (3) the buyer's consideration for the sale of the company cost: 1) shareholders and persons who belong to other instruments of ownership, if the company is sold, the buyer directing bodies concerned shareholders ' shares and the person who owns the other instruments of ownership, the ownership of tools; 2) adjustable body, where the company's sales are made to transfer its authority to the proposed acquirer of assets or liabilities. (4) the application of the company's sales of instruments, financial and capital market Commission is empowered with the buyer's consent to transfer the assets of the authority, its rights or liabilities, shares or other ownership instruments original shareholders or those persons who belong to other instruments of ownership. (5) if the application of the company's sales tools, buyer has not received permission to significant acquisitions, such shares or other instruments of ownership transition, the buyer shall enter into force on the following conditions: 1) evaluation period or specific sales period is suspended the voting rights of the purchaser in respect of such shares or other ownership instruments and can be used only in the financial and capital market Commission, there is no obligation to use such voting rights and is responsible for ensuring that has used or refrained to use such voting rights; the evaluation period or 2) the specific sales period for such shares or other instruments for the transition of ownership do not apply penalties for substantial acquisition or reduction requirement violations; 3) if the buyer is authorized to obtain a qualifying holding, the buyer acquires the right to vote in respect of the authority it holds its shares, other instruments of ownership, assets, rights or obligations from the moment it received permission to acquire a qualifying holding adjustable body; 4) if buyer shall prohibit the participation to obtain relevant financial and capital market Commission is entitled to impose an obligation on the purchaser a fixed period to dispose of the bodies it holds its shares or other ownership instruments and, if the buyer does not forfeit, to impose sanctions on a major acquisition requirements; 5) if buyer relief institutions selling period is not disposed to such shares or other ownership instruments, financial and capital market Commission, the buyer is entitled to impose sanctions and other measures on the supervision of credit institutions, the law and the law on the financial instruments market expected significant acquisition or reduction requirements. (6) the buyer can still use its authorities to provide financial services in another Member State and obtain significant participation and presence of the institution in its rights payment system, regulated market organizētājo, investor protection systems and deposit-guarantee schemes, if the buyer meets the membership criteria and essential requirements of acquisition of such systems. If the buyer does not meet the membership criteria or requirements of a qualifying holding in the relevant payment or settlement system in the post, the organizer of the regulated market, the investor protection system or deposit guarantee scheme, the Financial and capital market Commission is entitled to impose a period not exceeding 24 months, during which the buyer can use adjustable authorities the right to membership and access to these systems and that financial and capital market Commission at the purchaser's request, be extended. Access to these systems is not denied on the grounds that the buyer is not the credit rating agency's rating or rating is not required. (7) the Adjustable body shareholders, persons who belong to other proprietary tools or vendors and other third parties whose assets, rights or obligations are not transferred, do not have any rights to the transferred assets, rights or obligations or rights associated with them. 49. article. (1) the financial and capital market Commission ensures that stock, other instruments of ownership, assets, rights or liabilities is not transparent as possible are misleading, it is not a conflict of interest or unfair advantage to a possible buyer, do not apply unreasonable preferential or discriminatory treatment against potential customers, taking into account the actual circumstances, the need to take measures quickly and maintain financial stability. Applying the corporate sales tool, aims to achieve a higher sales price of the relevant shares or other ownership instruments, assets, rights or obligations. (2) the authorities with its sales-related information to the public, which the authority has an obligation to disclose to the public authority through the official storage system, may be postponed, pursuant to European Parliament and Council of 16 April 2014 Regulation No 596/2014 regarding market abuse (market abuse regulation of use) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission directives 2003/124/EC 2003/125/EC and 2004/72/EC (text with EEA relevance) article 17, point 5. (3) the financial and capital market Commission may apply to the company selling tool, not subject to this article, provided for in the first subparagraph if it finds that this requirement and principles could undermine the application of one or more of the objectives and, in particular, if it considers that its authorities financial difficulties or possible bankruptcy creates or increases a significant threat to the financial stability or instability to spreading fundamental market or financial requirements could reduce the company's sales effectiveness tools to overcome this threat. X institutions and active nodaļaPagaid screening instrument in article 50. (1) in order to apply the interim authority's instruments, taking into account the need to maintain the provisional institutions critically important functions, financial and capital market Commission is entitled to pass a temporary authority to one or more of the shares of the authorities, directing other proprietary tools, assets, rights or obligations without adjustable body or person, which shareholders belong to the other instruments of ownership, without the consent of the other the statutory instruments of ownership, assets, rights or liabilities. (2) the authority is a legal person shall meet the following requirements: 1) it is a significant interest for one or more direct or mediated administrations, and it is located in the financial and capital market Commission's supervision; 2) it is designed to receive and keep some or all of its bodies or other proprietary tools or of one or more of its assets, the authorities or undertakings to continue some or all of the functions of the authority, its services and activities. (3) the application of internal instrument recapitalisation does not affect the financial and capital market Commission's power to control the interim authority. (4) the application of the provisional institutions, instruments, financial and capital market Commission shall ensure that the obligations of the interim authority of a total value not exceeding its authority or from other sources of acquired rights and the total value of the assets. (5) compensation for the adjustment tool the application of the Provisional Authority pay the cost: 1) the persons who own the shares or other ownership instruments and whose shares or other ownership instruments passed in the interim authority. 2) adjustable body, where the provisional authority passed the directing authority assets or liabilities. (6) the application of the provisional institutions, financial instruments and capital market the Commission may implement the transfer rights several times to make adjustable body shares or other instruments of ownership or assets, rights or obligations for additional transfers. (7) the financial and capital market Commission, the provisional authority transferred shares, other proprietary tools, assets, rights or obligations may be transferred back to their original shareholders, or other transfer of ownership of tool holders, if such a possibility has been provided through the transfer, or if the shares are transferred or other ownership instruments, assets, rights or liabilities that the transfer was not provided for in the contract. (8) the financial and capital market Commission, the provisional authority transferred shares, other proprietary tools, assets, rights or obligations may be transferred to a third party. (9) the authority may still use its authorities to provide financial services in another Member State, the rights of participation and access to its payment systems authority, regulated market Organizer, investor protection systems and deposit-guarantee schemes, if the buyer meets the membership and participation of relevant criteria in such systems. (10) If the buyer does not comply with the presence or participation of the essential criteria of the relevant payment system, the organizer of the regulated market, the investor protection system or deposit guarantee scheme, the Financial and capital market Commission is entitled to impose a period not exceeding 24 months, during which the buyer can use adjustable authorities the right to membership and access to these systems and that financial and capital market Commission at the purchaser's request, be extended. (11) the access to payment systems is not denied on the grounds that the provisional authority is not the credit rating agency's rating or rating is not required. Other areas of activity the provisional authority can be considered interlocutory institutions asset, liability and successors. (12) the Adjustable body shareholders, persons who belong to other proprietary tools or vendors and other third parties whose assets, rights or obligations are not transferred to the interim authority, have no rights on the transferred assets, rights or obligations, or the rights associated with them. (13) the authority is not an obligation or responsibility in respect of the authority to the shareholders or directing persons who belong to other instruments of ownership, or creditors, and the Board, the Board or senior management is not responsible for such shareholders or persons who belong to other proprietary tools or vendors on the Act or omission in the performance of their duties, except for gross negligence, which directly affect the adjustable body or person, which shareholders belong to the other instruments of ownership , or the interests of creditors. 51. article. (1) the financial and capital market Commission, the Provisional Authority's articles of incorporation and operation strategy, the Council and the Executive Board, as well as the Council and the members of the Management Board remuneration and job responsibilities. The provisional body has the obligation to make laws in certain tasks and functions, which it takes over from the authorities, and its temporary supervision of the financial and capital market Commission. If it is necessary to achieve the objectives of the settlement, the financial and capital market Commission may have for a certain period of time to allow the institutions regulatory legislation. (2) the Management Board of the authority, the Council or the senior management trying to save access to critical features and sell their shares, other proprietary tools, assets, rights or obligations to the private sector buyers with the right conditions, the time limit laid down in this law. (3) the financial and capital market Commission decides that the interim authority loses its status in one of the following cases: 1) Provisional institution merges with another company; 2) it does not meet the provisional authority; 3) most temporary authority assets, rights or obligations are sold to a third party; 4) is a timed temporary authority for a particular period; 5 the Provisional Authority's assets) is fully realized, and its obligations are fully met. (4) a provisional authority to Sell its assets or liabilities, financial and capital market Commission ensures that the sales process is not transparent as possible are misleading and non-discriminatory treatment for potential buyers. The sale shall be conducted in accordance with the civil procedures of the legal transactions concluded in the light of the assessment made by the assessor, as well as in accordance with the regulatory framework of State aid. (5) the financial and capital market Commission terminating the temporary activities of the authority as early as possible, but no later than two years from the date on which the provisional authority last placed adjustable body shares, other instruments of ownership, assets, rights or obligations, using temporary authority. Financial and capital market Commission may extend that period not more than one year, provided that at the expiry of the period so extended loses the status of the provisional authority or that such an extension is necessary to make the most important financial institutions or service continuity. (6) If the provisional authority loses its status, since all its assets, rights or obligations are sold to a third party, or if the temporary authority to use more than one of its authorities for the transfer of assets and liabilities and has sold all the assets, rights and obligations passed from each of the authorities, or is adjustable to the period prescribed for its operation, the provisional authority abolished the statutory general order. (7) income in the interim authority, a result of the termination of the provisional authority is paid to shareholders or to people who belong to other instruments of ownership. 52. article. (1) the financial and capital market Commission shall have the right to provide adjustable or temporary authority assets, rights or obligations to one or more of the asset management company without its body of shareholders or the person who belong to other instruments of ownership, consent and the other the statutory assets, rights or liabilities, where such assets, rights or obligations in the event of liquidation sale could adversely affect the financial stability of the market and if such transfer is necessary to ensure its authority or provisional authorities or maximize revenue from the adjustable body assets, rights or obligations of sales (hereinafter referred to as the asset separation). (2) asset management company manages its assets placed with the objective to increase the value of the sale of assets. (3) the financial and capital market Commission approved by the asset management company's instruments of incorporation and operation strategy, the Council and the Executive Board, as well as the Council and the members of the Management Board remuneration and job responsibilities. (4) the application of the separation of the assets, Financial and capital market Commission under the statutory assessment principles and State aid regulatory framework determines the remuneration for any assets, rights and obligations, shall be transmitted to the asset management company. This consideration may correspond to the nominal value or be lower than the nominal value. (5) remuneration for the asset management company transferred assets, rights or obligations paid in financial and capital market Commission. Compensation may be paid to asset management company's issued debt securities. (6) the financial and capital market Commission is entitled asset management company of assets, rights or obligations put back adjustable body, if the opportunity has been provided for the transfer, or if the assets are transferred, the rights or obligations of the transfer was not provided for in the contract. (7) the Adjustable body shareholders or those persons who belong to other proprietary tools or vendors and other third parties whose assets, rights or obligations are not transferred, do not have any rights to the asset management company transferred assets, rights or obligations, or of equality of rights. (8) the asset management company has obligations and it is not responsible for directing bodies shareholders or those persons who belong to other instruments of ownership, or creditors, and also to the Council, the Executive Board or the senior management shall not be responsible to shareholders and persons who belong to other proprietary tools or vendors on the Act or omission in the performance of their duties, except for gross negligence, which directly affect the adjustable body of shareholders , which owns the other instruments of ownership, or the interests of creditors. NodaļaIekšēj instrument of recapitalisation XI article 53. (1) the financial and capital market Commission internal recapitalisation instrument in accordance with the principles of settlement can be applied to any of the following purposes: 1) to the President of the rekapitalizēt conditions of the financial institution or company to the extent sufficient to restore its ability to comply with the license (permission) to receive, in accordance with the conditions of the law of credit institutions or financial instruments market law; 2) to convert the capital or reduce their claims or debt instrument principal, transferred to the provisional authority in its capital, or passed through the company's sales tools or instruments of separation of assets. (2) the financial and capital market Commission may apply the internal instruments of this recapitalisation of the first paragraph of article 1 in order to achieve that objective, if it is expected that the application of this instrument will help to achieve the relevant goals and measures will the authorities concerned or the financial company's financial stability. (3) If the second subparagraph in these conditions is not met, the financial and capital market Commission may apply other settlement instruments or the first part of the claim referred to in paragraph 2, or the principal of the debt instrument or equity conversion. 54. article. (1) the internal instruments of recapitalisation, apply to all institutions or financial obligations of the public, with the exception of: 1) deposits segto. Financial and capital market Commission is entitled to implement the write-off or conversion rights in relation to any deposit amount exceeding the deposit guarantee law coverage level; 2) secured obligations, including cover bonds and obligations in the form of financial instruments used for hedging purposes. Such commitments constitute the collateral portfolio an integral part and in accordance with the statutory procedures are provided in a similar fashion as the covered bonds; 3) any obligations created by the authorities or the company's holding in client assets, if in accordance with applicable insolvency laws governing such client assets do not include financial institutions or public property list in the insolvency proceedings; 4) of any obligation arising from the operations of trust (trust) between the authority or the financial firm and the client, if in accordance with applicable insolvency laws governing such client assets do not include financial institutions or public property list in the insolvency proceedings; 5) obligations towards the authorities, except in one group with the authority of an existing society, if such obligations have an original maturity of less than seven days; 6) the obligations concerning the systems established in accordance with the law on settlement finality in payment and settlement systems of financial instruments ", or, in the case of such systems providers (operators) or their members, if such obligations are due in less than seven days, and if they are incurred in connection with participation in such a system; 7) concerning the Executive and employee pay, accrued pension cost or other fixed remuneration, except for the variable part of the remuneration which is not governed by a collective agreement. An exception to the variable part of the remuneration which is not governed by a collective agreement, does not apply to the officials or employees whose professional job duties materially affects public authorities or risk profile; 8) concerning the creditor if they arise in connection with the financial institution or company to provide the necessary commercial consumption or basic services, including information technology services, public utilities, as well as room rental, service and maintenance service; 9) obligations due to taxes and other charges (debt) to the State budget and municipal budgets and the State social insurance contributions; 10) concerning the deposit guarantee fund, incurred in accordance with the law on deposit guarantees. (2) the authority or a financial company shall ensure that all assets are collateral for liabilities and are associated with the bond security cover portfolio remains intact and separate and that such assets is sufficient funding. Financial and capital market Commission, if necessary, be entitled to implement the write-off or conversion rights with respect to any part of the obligations secured or secured by the guarantee if it exceeds the value of the secured assets against them, guarantee, pledge or security's value. (3) in order to ensure institutional and group noregulējamīb, financial and capital market Commission, not subject to the provisions of Regulation No 575/2013, the credit institutions act and the financial instruments market law requirements relating to large exposures in accordance with this law, article 20 of the fourth part, the requirements of paragraph 2, shall be entitled to limit the extent of exposure to another authority where such an exposure due to meet the commitments of the instrument the application of internal recapitalisation conditions Apart from those obligations which may arise between the same group of companies. (4) in exceptional cases, when it is applied to the internal recapitalisation instrument, financial and capital market Commission is entitled to adopt a decision to shut or partly exclude from the write-off or conversion obligations established by law in any of the following cases: 1) it is not possible to internally rekapitalizē within a reasonable period; 2) exclusion is necessary and proportionate to secure the adjustable body critical functions and the main areas of action continuity; 3) exclusion is necessary and proportionate in order to avoid negative effects, in particular as regards the physical person and the micro, small and medium-sized enterprises eligible deposits that could significantly complicate the financial market, including financial market infrastructure, so that it would create serious distortions in the Republic of Latvia or to the economy of the European Union; 4) internal application of these instruments of recapitalisation commitments would lead to a decline in the value of that loss that cover other creditors, would be higher than if those obligations excluded from internal recapitalisation. 55. article. (1) if the financial and capital market Commission takes a decision to shut or partly shut the appropriate commitments or obligations under the category, it is entitled to the other relevant commitments to increase the write-off or conversion applicable level provided that, in exercising any such obligations apply to write-off or conversion level, with this law, the first paragraph of article 41 of the principle referred to in paragraph 6. (2) if the financial and capital market Commission takes a decision to shut or partly shut the appropriate commitments or obligations under the category and if you cover the losses with those commitments, not fully transferred to other creditors, from the President of the Fund, contributions may be made to its authority to perform one or both of the following measures: 1) cover with relevant obligations not segto losses and restore the adjustable body net asset value to zero in accordance with article 67 of this law, the first paragraph of point 1; 2) buy shares or other ownership instruments or equity instruments of its authority to rekapitalizēt authority in accordance with article 67 of this law, the first subparagraph of paragraph 2. Article 56. (1) From the President of the Fund may be made this law, article 55 in the second part of the contribution, subject to the following conditions: 1) shareholders and persons who belong to other instruments of ownership, equity instruments concerned and other relevant obligation holders through write-offs, conversion or other method is provided to cover losses and recapitalisation, which is equal to an amount that is not less than 8 percent of its obligations of the authority total capital and reserves, which assessed the duration of the application in accordance with this law, 45, 46 and 47 of the evaluation provided for in article; 2 the President of the Fund contribution) shall not exceed 5 per cent of its liabilities and authority equity and reserves totals, which assessed the duration of the application in accordance with this law, 45, 46 and 47 of the evaluation provided for in article. (2) Article 55 of this law the measures referred to in the second subparagraph the Fund may be financed from the contributions: 1) the President of the Fund the amounts available from the institutions and foreign institutions registered in the Republic of Latvia registered affiliate contributions; 2) amount that can be obtained as a payment under this Act specified in article 122 within three years; 3) amounts resulting from alternative sources of funding, if this part 1 and referred to in paragraph 2, the amounts are insufficient. 57. article. (1) in exceptional cases, financial and capital market Commission is entitled to receive additional funding from alternative sources of funding, subject to the following conditions: 1) has been complied with this law, the first paragraph of article 56 paragraph 2 in the 5 percent limit; 2) all unsecured non-priority and what's not appropriate deposits deposit guarantee law, are fully written down or converted. (2) this article shall have been complied with If the conditions provided for in the first subparagraph, relief fund can make a contribution from the funds obtained from the settlement fund instalments which have not yet been used. (3) subject to this Act, article 56, first paragraph, point 1, of the relief fund may take this law, article 55 in the second part of the contribution, if the following conditions are met: 1) contribution to cover losses and recapitalisation, referred to in article 56 of this law in the first part of paragraph 1, shall be equal to the amount that is not less than 20 percent of adjustable body weighted risk assets; 2) it has the amount of the settlement fund, minus contributions paid contributions to the deposit guarantee fund and that is equal to at least 3 percent of all credit institutions registered in the Republic of Latvia to cover the deposit amount; 3) adjustable volume of assets of the institution in the level of consolidation is less than 900 billion. 58. article. (1) implementing article 54 of this law in the fourth paragraph, and article 55 of the law laid down in the first subparagraph, financial and capital market Commission: 1) the principle that damages shall be borne by the shareholders or the first persons who belong to other instruments of ownership, and then directing authority creditors in order of priority; 2) loss coverage ability, what authority would be in the future-if the obligations or liabilities of be excluded categories; 3) need to maintain sufficient resources to finance the settlement. (2) exclusion of Liability in accordance with this law, the fourth part of article 54 and article 55 the first part applied to the context of writing off completely off or to limit the write-off. (3) after a decision has been taken to implement this law, article 54 and 55 of the fourth part of the first subparagraph of article rights, financial and capital market Commission shall inform the European Commission thereof. If this law article 54 and 55 of the fourth paragraph of the first article in part for the implementation of the law is necessary to use the relief fund or other alternative sources of funding, financial and capital market Commission needs to receive European Commission reconciliation before such a decision is taken. Article 59. (1) the authority shall constantly ensure minimum equity requirements and the corresponding obligations. The minimum equity requirements and appropriate obligations calculated as equity and the corresponding total amount of the liabilities, expressed as a percentage of the Authority's commitment, total capital and reserves, noting that derivative liabilities include liabilities in total, fully recognizing the agreement on derivatives for the Contracting Parties (business partners) including rights. (2) according to the commitments included in the first paragraph of this article, and appropriate capital commitments totaling only if all the following conditions are met: 1) they are issued or linked to and fully paid-up; 2) they have not encountered with regard to the authority and the authority they do not ensure or warrant; 3) Authority has funded the issuance or acquisition; 4) enforcement residual maturity of at least one year. If the holder has the right of early repayment, the due date is the first day when this right arises; 5) its not clear from the derivative; 6) its not clear from the deposit, which is a priority for the insolvency creditors ' recovery. (3) if the undertaking governed by foreign law, financial and capital market Commission is entitled to request authority to prove that every financial and capital market Commission's decision to write off or convert those obligations comply with foreign law of equivalent operations in the case of write-off or conversion obligations, taking into account the regulatory provisions of the Treaty, international agreements on the recognition of proceedings and other binding legislative rules. If the financial and capital market Commission has not gained the conviction that everyone complies with the decision of foreign legislation of equivalent operations in the case of write-off or conversion obligations do not include minimum equity and liabilities in accordance with the requirement calculation. 60. article. (1) the minimum equity requirements and corresponding commitments of each institution in accordance with article 59 of this law, the first paragraph is determined by the financial and capital market Commission, taking into account the following criteria: 1) the need to ensure that the body can be adjusted by applying the adjustment tools, including internal recapitalisation instrument to achieve the objectives of the settlement; 2) the need to ensure that the institution has a sufficient amount of eligible liabilities, in order to guarantee that the internal application of the instrument of the recapitalisation of the loss would be impossible to cover and first level of basic indicators of restore capital at a level that is required to maintain compliance with the authority of a license (permission) to receive, in accordance with the conditions of the law of credit institutions or financial instruments market law; 3) the need to ensure that the case management plan provides that certain categories of eligible liabilities could be excluded from internal recapitalisation of this law in accordance with article 54 of the quarter or that certain categories of eligible liabilities can be completely transferred to the recipient, through the partial transfer, the institution has enough other commitments to ensure adequate opportunity to cover such losses, and that the authorities first level of basic indicators of capital should probably restore the level that is required to maintain compliance with the authority of a license (permission) to receive, in accordance with the conditions of the law of credit institutions or financial instruments market law; 4 the size of the business), model, model of financing and risk profile; 5) the extent to which the deposit guarantee fund can co-finance measures; 6) to what extent institutions bankruptcy would have a negative impact on financial stability and financial system. (2) the authority of this law article 59, first paragraph the minimum equity requirements of the corresponding obligations and respect the individual. Financial and capital market Commission is entitled to adopt a decision on the application of the requirements of this law also article 2, second paragraph, 2, 3, and 4, referred to. 61. article. (1) in addition to article 60 of this law the requirements of the second paragraph in the Republic of Latvia to the European Union established the parent company of this law, article 59, first paragraph, the requirements laid down in respect of the consolidation level. The minimum equity requirements and consistent with the obligations established in the Republic of Latvia in the European Union's parent company consolidation level in accordance with the second, third and fourth paragraph establishes the financial and capital market Commission, at least on the basis of article 60 of this law in the first part of the criteria, and whether the settlement plan in accordance with the Group's foreign subsidiaries are intended to adjust the individual. (2) the financial and capital market Commission and the President of the subsidiary bodies shall take all the measures within their competence in order to adopt a coordinated decision on minimum capital requirements and the corresponding commitment level applicable to the consolidation level. Coherent decisions and financial and capital market Commission of Latvia submitted to the European Union established in the parent company. (3) If within the period of four months following a coherent decision is adopted, the financial and capital market Commission after it has duly taken note of the President of the subsidiary bodies the views expressed, including the objection, adopt a decision on the minimum equity requirements of the commitment and the corresponding level of consolidation. If the four-month period at the end of any of the relevant settlement institutions has transferred the matter to the European banking authority in accordance with Regulation (EC) no 1093/2010 article 19, financial and capital market Commission postponed its decision pending a decision by the European banking authority shall be entitled to adopt, in accordance with Regulation No. 1093/2010 article 19, paragraph 3 and the implementation of measures under the European banking authority decision. (4) After the expiry of four months, or at agreed decision financial and capital market Commission, the question cannot be referred to the European banking authority. If, within one month of the European banking authority has not taken a decision, the Financial and capital market Commission adopted its decision. Financial and capital market Commission decision is reviewed at least annually and, if necessary, make amendments. 62. article. (1) the financial and capital market Commission, as other Member States of the European Union of the Republic of Latvia, the parent company of subsidiaries established in the management authority shall take all measures within their competence in order to together with group-level relief authority adopted a decision on the harmonised minimum equity requirements and the corresponding commitment level applicable to the consolidation level. (2) If within a period of four months following a coherent decision is taken and the level of the Group settlement authority failed to take account of the financial and capital market Commission, the views expressed, including the opposition, finance and capital market Commission is entitled to put the matter to the European banking authority in accordance with Regulation (EC) no 1093/2010 article 19. (3) After the expiry of four months, or at agreed decision financial and capital market Commission is not entitled to refer the matter to the European banking authority. Financial and capital market Commission are binding on the group level the decision of the authority of the President. Article 63. (1) the financial and capital market Commission, as other Member States of the European Union of the Republic of Latvia, the parent company of subsidiaries established in the management authority shall determine the minimum equity requirements and corresponding obligations applicable to that subsidiary individually in accordance with the requirements of this article. This minimum requirement determined by the subsidiary at the appropriate level, taking into account: 1) this law article 60, first paragraph, the criteria laid down, in particular, the subsidiary company size, business model and risk profile, including its own capital; Group 2) minimum level of consolidation. (2) the financial and capital market Commission, as other Member States of the European Union of the Republic of Latvia, the parent company of subsidiaries established in the settlement institution and group level management authority shall take all measures within its competence to adopt a coordinated decision on the minimum equity requirements and the corresponding commitment level applicable to the subsidiary. Coherent decisions and financial and capital market Commission and the President of the group-level authority to make appropriate subsidiary and the parent company of the European Union. (3) If the President of the authorities four months does not accept such a coordinated decision, adopt financial and capital market Commission, taking into account the level of the Group settlement institutions, the views expressed, including a statement of objections. If the four-month period at the end of the level of the President of the Group has delegated the matter to the European banking authority in accordance with Regulation (EC) no 1093/2010 article 19, financial and capital market Commission postponed its decision pending a decision by the European banking authority shall be entitled to adopt, in accordance with Regulation No. 1093/2010 article 19, paragraph 3 and the implementation of measures under the European banking authority decision. (4) After the expiry of four months, or at agreed decision financial and capital market Commission, the question cannot be referred to the European banking authority. If, within one month of the European banking authority has not taken a decision, the Financial and capital market Commission adopted its decision. Financial and capital market Commission decision is reviewed at least annually and, if necessary, make amendments. 64. article. (1) the financial and capital market Commission as registered in the Republic of Latvia in the European Union the President of the parent company shall take all measures within their competence in order to group together with the President of the subsidiary body for the adoption of harmonised decision on minimum capital requirements and the corresponding commitment level applicable to the subsidiary. Consistent decisions, and team President of the subsidiary body and the Financial and capital market Commission to make appropriate subsidiary and registered in the Republic of Latvia in the European Union's parent company. (2) If relief authorities four months does not accept such a coordinated decision and subsidiary of the Group settlement authority failed to take account of the financial and capital market Commission, the views expressed, including the opposition, finance and capital market Commission is entitled to put the matter to the European banking authority in accordance with Regulation (EC) no 1093/2010 article 19. (3) the financial and capital market Commission question cannot be referred to the European banking authority after four months or after the expiry of the agreed decisions, as well as when the Group subsidiary measures prescribed by the minimum equity requirements and the appropriate level of commitment the subsidiary is within one percentage point of the minimum equity requirements and the corresponding commitment level consolidation level. Financial and capital market Commission is bound by the Group's subsidiary responsible for the decision of the authority. Article 65. (1) the financial and capital market Commission are entitled to fully exempt the Republic of Latvia to the European Union registered in the mother's body from the minimum equity capital and the corresponding obligation of compliance with the requirements of the individual, if the following requirements are met: 1) in the Republic of Latvia to the European Union established the mother's authority under article 61 of this law in the first part of the minimum level of consolidation requirements; 2) financial and capital market Commission is fully established in the Republic of Latvia, to become the European Union's parent body of individual capital requirements under regulation No 575/13 paragraph 3 of article 7. (2) the financial and capital market Commission of Latvia registered as a subsidiary settlement authority shall be entitled to fully release the said subsidiary company of this law, article 59, first paragraph compliance with the requirements of the individual, if the following conditions are fulfilled: 1) both the subsidiary and its parent company is licensed in the Republic of Latvia, and supervision of the financial and capital market Commission; 2) subsidiary company is included in the consolidation group of the parent, but the parent company is subject to consolidated supervision; 3) Republic of Latvia registered subsidiaries of the parent body registered in the Republic of Latvia and the European Union, the parent body subkonsolidēt comply with this law, article 59, first paragraph the minimum equity capital and the corresponding obligations of the claim; 4) there is no current or foreseen material practical or legal impediments that would hinder the parent undertaking to carry out the immediate transfer of own funds or repayment of liabilities of the subsidiary; 5) either parent company met financial and capital market Commission requirements for the management of the subsidiary and with the financial and capital market Commission has announced that guarantees the obligations of the subsidiary, or the risks in the subsidiaries are not material; 6) subsidiaries of the risk assessment and control procedures are the same as the parent company's risk assessment and control procedures; 7) parent company have more than 50 percent of the voting rights of a subsidiary, or parent company has the right to appoint or to cancel most of the subsidiaries of the Council or of the members of the Management Board; 8) financial and capital market Commission of Latvia Republic registered subsidiaries management authority is fully exempted it from individual capital requirements in accordance with Regulation No 575/2013 article 7(1). (3) the decisions adopted in accordance with the requirements of this law for the minimum equity capital commitments and requirements determination, may provide that the minimum equity requirements and corresponding obligations in partial fulfillment of the consolidation level or individually, using internal contractual instruments of recapitalisation. 66. article. Financial and capital market Commission shall inform the European banking authority of its existing authority under the supervision of the minimum equity capital commitments and requirements, as well as in accordance with this law, article 65 of the third paragraph of the decision taken. Article 67. (1) the application of internal instrument for recapitalisation, the financial and capital market Commission, based on assessment according to this law, 45, 46 and 47, and assess the article total, consisting of: 1) for which the corresponding commitment to write-offs, to ensure that its institutions net asset value is equal to zero; 2) the amount by which the eligible liabilities are convertible into shares or other equity instruments designed to re-establish or ensure a first level of basic capital indicator adjustable body or temporary authority. (2) the first paragraph of this article assessment determined by the total of the obligations by which the disposal or convertible, this commitment to restore the adjustable or provide temporary authority first level of basic capital indicators, taking into account any capital investments made by the President of the Foundation, and to maintain the market participants and the public's trust in its authority or the authority, as well as at least a year to ensure its compliance with the license (permission) to receive in accordance with the conditions of the credit institutions act or the financial instruments market law. If the financial and capital market Commission intends to use this Law 52. divestiture of assets referred to in article 4, the amount by which the total of the relevant obligations, shall take due account of the asset management company does not need capital, which is determined based on cautious assumptions. (3) the vendor and then shareholders or persons who belong to other instruments of ownership, compensation may be paid, if the following conditions are met: 1) is written off in accordance with this law, 78, 77, 79 and 80. 2) is suitable for internal recapitalisation under the article 53 of the law, the first paragraph; 3) on the basis of the initial assessment in accordance with this law, 45, 46 and 47 articles, found that the amount of the write-off is greater than it would be in comparison with the final assessment in accordance with article 47 of this law the second part. (4) the financial and capital market Commission shall establish and maintain measures to ensure that the assessment referred to in this article is based on a possible updated and complete information on its assets and liabilities of the authority. 68. article. (1) the application of article 53 of this law referred to in the first subparagraph of the instruments or the internal law of the recapitalisation 76. equity instruments referred to in article write-offs or conversions, Financial and capital market Commission in relation to shareholders and persons who belong to other ownership instruments, carried out at least one of the following: 1) supersedes these persons owned shares or other instruments of ownership or to the creditors, which will apply the internal instruments of recapitalisation; 2) If according to the assessment carried out in accordance with this law, 45, 46 and 47, adjustable body has a positive net asset value, change the existing shareholders and the persons who belong to other ownership instruments, composition, converting the shares or other ownership instruments: a) the relevant equity instruments, which is issued by the authority or in accordance with this law, attracted 77. referred to in the second subparagraph of article b) according to the law, the commitments the adjustable body which attracted 85 of this law in accordance with the first paragraph of article 6 of the said law. (2) the first subparagraph of this article referred to in paragraph 2 shall be converted using the conversion factor, which significantly changes the application of the existing share capital and other instruments of ownership ownership of the holder, supposedly. (3) in the first and second subparagraphs carried out also in relation to shareholders and persons who belong to other instruments of ownership and whose shares or other ownership instruments are issued or obtained under the following conditions: 1) after converting debt instruments into shares or other ownership instruments in accordance with the original contract terms of a debt instrument, conversion to occur simultaneously with the financial and capital market Commission's assessment or the assessment before the fact that finance company meets the terms of the settlement; 2) after the equity conversion first level of basic capital instruments in accordance with article 78 of this law. (4) when considering which of the first part of this article the following, make financial and capital market Commission shall take into account: 1) the assessment carried out in accordance with this law, 45, 46 and 47; 2) amount by which its assessment cut in the first level of the basic elements of the capital and in accordance with article 78 of this law, the first paragraph of the relevant disposal or convertible equity instruments; 3) total, which it assessed in accordance with article 67 of this law. (5) the Person in respect of the assessment of a significant acquisition or the proposed increase is made within a reasonable time, not to prevent the internal application of the instrument or recapitalisation equity conversion or not obstructing the relief action objectives. (6) If a person's evaluation of the significant acquisition or building not completed day is applied to the internal tool for recapitalisation or converted to equity instruments, article 48 of this law in the fifth subparagraph, these conditions apply to any benefit obtained or increased a substantial participation, resulting from the application of internal instrument recapitalisation or equity conversion. Article 69. (1) the application of internal instrument for recapitalisation, the Financial and capital market Commission implemented a write-off or conversion rights and in addition to this law, in article 54 and 55 of the obligations referred to in the first subparagraph in cases of successive elimination also takes into account all of the following requirements: 1) first level of basic equity elements are written in accordance with this law, article 78, first paragraph, point 1; 2) financial and capital market Commission scrapped the first level of additional equity in principal to the extent necessary and in accordance with the instrument's capacity to cover losses if, in accordance with the first subparagraph of paragraph 1, the total reduction is less than 68 of this law. the fourth paragraph of article 2 and in the total referred to in paragraph 3; 3) financial and capital market Commission scrapped the second-level principal equity instruments to the extent necessary and in accordance with the instrument's capacity to cover losses if, in accordance with the first subparagraph of paragraph 1 and 2 the total reduction is less than 68 of this law. the fourth paragraph of article 2 and in the total referred to in paragraph 3; 4) financial and capital market Commission scrapped the downstream connection, other than the first level or second level of additional capital, principal to the extent necessary under the accounts of recovery procedures applicable in the event of insolvency proceedings, subject to the first subparagraph of article 1, paragraphs 2 and 3 to get this Law 68. the fourth paragraph of article 2 and 3 of this total if the total shares or other ownership instruments and the corresponding reduction in equity instruments in accordance with the first subparagraph of article 1. , point 2 and 3 is less than 68 of this law. the fourth paragraph of article 2 and in the total referred to in paragraph 3; 5) financial and capital market Commission scrapped the rest according to commitments that are not subordinate to, the principal or the amount outstanding to the extent necessary under the accounts of recovery procedures applicable in the event of insolvency proceedings under this law, 54, 55, 56, 57 and 58 of the article, the subject of the first paragraph of article 1, 2, 3 and 4 to get this Law 68. the fourth paragraph of article 2 and 3 of this total If the total stock or other ownership instruments, the instruments and the corresponding reduction of the commitment in accordance with the first subparagraph of article 1, 2, 3 and 4 is less than 68 of this law. the fourth paragraph of article 2 and paragraph 3 of that total. (2) implementing a write-off or conversion rights, the loss of this law, article 68 of the fourth part 2 and 3 of the total amount referred to in the financial and capital market Commission in proportion between one kind of shares or other ownership instruments and eligible liabilities, respectively, reducing the shares or other ownership instruments and the corresponding obligations of the principal or the amount outstanding in proportion to their value, with the exception of article 54 of this law in the fourth paragraph, and article 55 of the case referred to in the first subparagraph of When different loss distribution among the same priorities are allowed. (3) subject to the requirements of the second subparagraph, the commitments are excluded from internal recapitalisation under the article 54 of this law and article 55 the first part, may apply more favourable conditions than the corresponding obligations, which in the case of insolvency is of the same order. (4) Before the first paragraph of this article 5 referred to write-off or conversion of the application of the financial and capital market Commission scrapped or converted into the first paragraph of this article, 2, 3, and 4. the instruments referred to in paragraph 1, if the principal instruments have not yet been converted and they are binding rules which lay down the instrument's principal write down or converting the instrument into shares or other ownership instruments occur for any occasion relating to financial companies financial situation, solvency or own capital levels. (5) if the principal is written off of the instrument, but not to zero, in accordance with the fourth paragraph of this article, the provisions of the instruments listed in the principal amount of write-offs before the internal application of the instruments of recapitalisation finance and capital market Commission implemented a write-off or conversion rights with respect to the remaining principal amount. (6) in deciding whether the liabilities of disposal or convertible equity, financial and capital market Commission is entitled to convert the category to which the context underlying the liability categories most not be converted or is not written down in share capital, unless it is authorised in accordance with article 54 of this law and article 55 the first part. 70. article. (1) the financial and capital market Commission shall comply with the requirements of this article, implementing the write-off or conversion rights with respect to the obligations arising from derivatives. (2) the financial and capital market Commission implemented a write-off or conversion rights in relation to the obligations resulting from the derivative, just switch the derivatives positions or after closing. Financial and capital market Commission has the right to terminate and close all derivative contracts settlement activity. If the commitments arising from derivative instruments, are excluded from the application of internal instrument in the field of recapitalisation in accordance with article 54 of this law in the fourth and the first paragraph of article 55 of the financial and capital market Commission is not obliged to terminate or close derivative contract. (3) if the derivatives transactions covered by mutual agreement, including the financial and capital market Commission or an assessor in accordance with the provisions of the Treaty lays down the obligations resulting from these transactions in net worth, that is part of this law, 45, 46 and 47 of the assessment provided for in article. (4) the financial and capital market Commission is determined from the derivatives value of the obligations arising under: 1) appropriate methods of derivative instruments category, including, subject to the mutual agreement, including the value of; 2) according to the principles, in order to determine the moment when the determined values of derivatives positions; 3) appropriate methods for impairment caused by derivatives positions and internal closures, compared with their recapitalisation loss amount, which in the case of internal recapitalisation cover derivatives. (5) in the fourth paragraph of this article, these methods and principles of commitment, which produces derivatives, the value shall be determined in accordance with the directly applicable European Union law. 71. article. (1) if the financial and capital market Commission implemented this law, article 77 and 85 in the third subparagraph of the first paragraph of article 6 of that law, the various equity and liability categories may apply different conversion factors in accordance with one or more of the second or the third part of the said principles. (2) conversion factor reflects the appropriate remuneration for the vendor for any losses that they incurred to write-off or conversion rights. (3) If, in accordance with the requirements of the first subparagraph are applied different conversion factor, conversion factor applicable to obligations under applicable insolvency laws governing are considered the highest round of claims is higher than that applied to the underlying obligations. 72. article. If the financial and capital market Commission apply internal instruments, recapitalisation by the appropriate authority or financial and capital market Commission authorized representative appointed to draw up and implement a reorganization plan. 73. article. (1) the authority or the financial and capital market Commission authorized representative appointed within one month after the internal application of the instruments submitted to recapitalising financial and capital market Commission for reorganisation plan which meets the requirements of this article and of the application of the State aid case State aid regulations. (2) If this Act article 53 1 of the first subparagraph, paragraph internal instruments apply recapitalisation two or more group companies, the restructuring plan is drawn up by the European Union's parent body. This plan includes all groups under the authority of this Act 7 and the procedure laid down in article 8, and the mother's authority shall be submitted to the President of the group-level authority. If the financial and capital market Commission are group-level adjustment, it shall send to the authority a reorganisation plan received other relief agencies and the European banking authority. (3) in order to achieve the objectives of the President of the financial and capital market Commission, as President of the directing bodies of the institution or group-level authority, if the application of internal instrument apply recapitalisation two or more group companies, may extend the deadline of a reorganisation plan by not more than two months after the internal instruments of recapitalisation, if the restructuring plan does not involve State aid. (4) a reorganisation plan shall set out the measures, directed to the authorities or part of the firm or of its business in the restoration of long-term viability within a reasonable period of time. These measures are based on assumptions about the economy and the financial market situation in which the institution or finance company will operate. (5) a reorganisation plan shall also take into account the current situation in the financial markets and future forecasts, reflecting assumptions about the potential and disadvantaged most favourable developments that allow for the detection of the public authorities or problematic areas. Assumptions compared with other sectors. (6) a reorganisation plan shall specify at least the following information: 1) detailed analysis of the factors and problems that contributed to the financial institutions or financial difficulties of the company, as well as an analysis of the circumstances that led to these difficulties; 2) a description of the measures intended to implement the authorities or society to restore long-term viability; 3) schedule for the implementation of the measures referred to. (7) in the sixth paragraph of this article, these measures may include: 1) authorities or company reorganisation; 2) changes the financial company systems and infrastructure; 3) injurious activities; 4 current activities) the restructuring that may make competitive; 5) assets or sale of the scope. (8) one month from the date of the financial and capital market Commission filed a reorganisation plan, it will assess the possibility of the implementation of the plan to restore in the case of authorities or the long-term viability of the company. If the financial and capital market Commission considers that with the plan to achieve the goal, the plan approved. (9) if the financial and capital market Commission is not satisfied that the reorganization plan it is possible to restore the authorities or the long-term viability of the company, it shall inform the person responsible for the plan and requested two weeks to amend the plan to deal with problematic questions, and submit it to the financial and capital market Commission. Financial and capital market Commission shall evaluate the amended plan and one week, notify the authority, or problematic issues are resolved and that the necessary additional amendments. (10) the Council of the authority, the Board or the senior management or the financial and capital market Commission authorized representative appointed to implement the financial and capital market Commission approved the reorganization plan and at least once every six months to submit this report to the Commission on the implementation of the plan. (11) the financial company's Board, the Board or the senior management or the financial and capital market Commission authorized representative appointed by a reorganisation plan shall be reviewed if the financial and capital markets, the Commission considers that it is necessary to restore the adjustable body long-term viability, and all amendments shall submit financial and capital market Commission for approval. 74. article. (1) if the financial and capital market Commission implemented this law, article 77 and 85 in the second part of the first paragraph of article 5, 6, 7, 8 and 9 above, or the amount of principal outstanding reductions or conversion shall take effect and be binding immediately adjustable body, its creditors, shareholders and persons who belong to other instruments of ownership. (2) the financial and capital market Commission has the right to request all necessary steps for the implementation of this law, article 77 and 85 in the second part of the first paragraph of article 5, 6, 7, 8 and 9 above, including the right to ask to make all the necessary changes in the relevant records, ask off from trading shares, other proprietary tools or debt instruments, ask to include trade in shares or other ownership instruments as well as ask to include lists of written-off debt instruments without the publication of a prospectus in accordance with the financial instruments market law. (3) if the financial and capital market Commission, through this law, article 85 of the first subparagraph of paragraph 5, the rights to zero reduces the obligations of the principal or of its outstanding amount of these liabilities or obligations arising out of claims that have not occurred at the time when the rights are exercised, shall be considered void. (4) if the financial and capital market Commission, through this law, article 85 of the first subparagraph of paragraph 5, the rights, obligations or its outstanding principal amount reduced partially rather than fully enforceable obligations, reduced amounts and the instrument or agreement which created the original commitments, continue to apply in relation to the remaining principal amount or the amount paid and not subject to any interest amount payable changes to reflect the reduction of the basic amount and any subsequent amendment of the provisions which the financial and capital market Commission is entitled to draw using this law, article 85 of the first subparagraph of paragraph 10 the rights. 75. article. (1) in addition to this law, article 85 of the first paragraph of point 9 financial and capital market Commission, the authority or the financial firm is entitled to impose a requirement to ensure sufficient capital or other opened the first level of the basic instruments, so that when financial and capital market Commission implemented this law, 85 of the first paragraph of article 5 and 6 referred to rights in relation to an institution or a financial company or any of its subsidiary companies , institution or finance company could issue enough new shares or other ownership instruments to enable the effective exercise of the conversion of shares of obligations or other instruments of ownership. (2) the financial and capital market Commission consider whether the authority or the financial firm is basis to determine the first part of this article in relation to the requirements of these authorities or the public, or the President of the Group's plan for the development and maintenance of, taking into account the adjustment provided for in the plan of action. If the settlement plan provides for the possibility to apply internal instrument recapitalisation financial and capital market Commission checks or declared share capital or other first level of basic instruments have capital sufficient to cover this Law 68. the fourth paragraph of article 2 and 3 of this total. (3) the relation of conversion into shares or other ownership instruments does not extend to the applicable requirement laid down in the arrangements for the increase of fixed and members of the right of pre-emption. 76. article. (1) a public authority or financial commitment, current contracts include provisions that provide that the obligations may apply the write-off or conversion rights, if such obligations: 1) is not excluded from the obligations under article 54 of this law the first, second and third; 2) is not the claims of creditors of the charges at the natural persons and micro-enterprises, small and medium-sized enterprises above the guarantee remuneration paid or the amount payable; 3) is governed by foreign law; 4) occurred after the entry into force of this law. (2) the authority or the financial company is not obliged to provide the first part of this article shall, if the requirements of the Republic of Latvia with the relevant foreign country has concluded the agreement for write-off or conversion rights or such rights arise from the relevant foreign laws or regulations. (3) the financial and capital market Commission shall inform the authority or the financial community on this article in the second part of those agreements. (4) If the authority or the financial community had the obligation to ensure the first part of this article the requirements, but this was not done, the financial and capital market Commission is entitled in relation to these commitments to implement a write-off or conversion rights. NodaļaKapitāl write-off of XII and article 77 of the conversion. (1) the right to deduct or convert the relevant equity instruments may be used: 1) regardless of the relief operation; 2) together with the relief operation, if this Law 39. and adjustment referred to in article 40. (2) the financial and capital market Commission is entitled to write off or convert equity instruments concerned authorities or public ownership of shares or other instruments. (3) the financial and capital market Commission to immediately implement the write-off or conversion rights in accordance with article 78 of this law the requirements of the respective equity instruments issued or attracted financial institution or company where it is joined by one of the following cases: 1) before the settlement transaction is found to comply with the law and this 39.40. measures referred to in article; 2) is found when one for the relevant equity instruments will be implemented not write-off or conversion rights, institution or finance company will no longer be able to continue its business; 3) for the capital instruments issued by or attracted to subsidiary, if the equity instruments that meet the same capital requirements and consolidation at the level of the individual, finds that without this instrument write-off or conversion rights for the group no longer able to continue its business; 4) for the relevant equity instruments issued or are attached to a parent company if those equity instruments correspond to the equity requirements for parent company or individual consolidation level, finds that without this instrument write-off or conversion rights for the group no longer able to continue its business; 5) is determined that the authority or the financial community State aid requests, but not yet received them, except that the financial assistance is provided in accordance with article 39 of this law, the third subparagraph of paragraph 4, the provisions of point "c". (4) it is considered that the authority or the financial community, or the group is not able to continue in business if both of the following conditions: 1), the authority or the financial community, or group come or may come into financial difficulties; 2) in the light of the current situation and other relevant conditions, it is not expected that any action, including alternative measures or of the private sector financial and capital market Commission, including early intervention, not equity write-down or conversion, not separately, not together with interlocutory actions prevent the authorities or the public, or the insolvency of the group in the period under review. (5) it is considered that the group come or may come into financial difficulties if it violates or has reason to believe that the period under review climbed it in specific prudenciāl requirements for consolidation level (Group has arisen or could result in losses that will take up the whole of the equity capital or a substantial part of the own funds). (6) the daughter of the company's issued equity instruments in accordance with the third paragraph of article 3 has scrapped more or not converted with worse conditions scrapped or converted to the same priorities of equity instruments of the parent level. (7) if the financial and capital market Commission carried out the third subparagraph of that finding, it shall immediately notify the President of the authority, which is responsible for the particular institution or finance company. (8) before the third part of this article, paragraph 3 of the findings in respect of the subsidiary that issued the relevant equity instruments that meet the same capital requirements and consolidation at the level of the individual, the financial and capital market Commission in terms of this law, article 80 requirements of notification and consultation. (9) Before being implemented equity write-off or conversion rights, financial and capital market Commission shall ensure that the authorities or the public valuation of assets and liabilities in accordance with this law, 45, 46 and 47. This evaluation is based on the calculation of the amortization applicable to the relevant instruments of capital to cover losses and conversion levels applicable to the relevant capital instruments to the financial rekapitalizēt society. (10) For the third subparagraph of that finding is the responsibility of the financial and capital market Commission in accordance with article 79 of this law. 78. article. (1) the execution of this law, article 77, in the financial and capital market Commission implements the write-off or conversion rights according to the claims of creditors meeting procedures applicable in the event of the insolvency proceedings, so as to achieve the following sequence results: 1) first level of basic elements of capital written down in proportion to the losses and damages incurred under this capability, and financial and capital market Commission applies one or both of this law, article 68 of the activities referred to in the first subparagraph in respect of the persons that belongs to the first level of basic capital instruments; 2) first level of additional equity principal scrapped or converted, or both copies and converts the basic first level capital instruments to achieve this law, the application referred to in article 38, or scrapped or converted, or both copies and converts to the appropriate equity in ability to cover losses, whichever is less; 3) second-level equity principal scrapped or converted, or both copies and converts the basic first level capital instruments to achieve this law, the application referred to in article 38, or scrapped or converted, or both copies and converts to the appropriate equity in ability to cover losses, whichever value is smaller. (2) When it is written down in the basic instruments: 1) the reduction in the basic amount is fixed, except any value in accordance with article 67 of this law the remuneration provided for in the third subparagraph, the cost; 2.) for the following amount written off of the instrument no longer remains any liability to persons who belong to the relevant capital instrument, except if the accrued liabilities (obligations that may arise as a result of a partial write-off in respect of interest payments on debt instruments, for which the reporting date of the assessment, prepared for the period from the last interest payment date) and liability for damages that could occur if the judgment of the Court of Justice to be found unlawful scrapped law implementation; 3) persons who owns or owned the relevant equity instruments may be paid remuneration, if it is issued in the first level of the underlying equity instruments in accordance with the fourth paragraph of this article. (3) the second paragraph of this article, paragraph 2 without prejudice to the right to get the first level of basic capital instruments issued in accordance with the fourth subparagraph of this article, the person who owns or owned the instruments concerned. (4) in order to perform the conversion of the respective equity instruments in accordance with the first subparagraph of paragraph 3, of the financial and capital market Commission is entitled to request that the company issued the first level of basic equity instruments to the person who owns or owned the capital instruments. These instruments can be converted only if the following conditions are met: 1) the first level of the underlying equity instruments issued by the authority or a financial firm or financial corporations parent company with financial institutions or the public settlement with the President of the parent institution's consent; 2) above the first level master in equity instruments are issued before the authorities or public stock or other ownership instruments which contribute to emissions of equity made in accordance with the regulatory framework of State aid; 3) above the first level of the basic instruments are placed immediately after the conversion rights; 4) conversion factor that determines the first level of the basic number of equity instruments that are passed to each of the respective equity instruments correspond to article 71 of this law establishes principles and European banking authority issued guidelines. (5) if the authority complies with the conditions of the application and the financial and capital market Commission decides to apply the adjustment to it tools, Financial and capital market Commission of application of the instrument before application make sure has timed this law, article 77 of the cases referred to in the third subparagraph. Article 79. (1) the financial and capital market Commission is responsible for this law, article 77 of the findings referred to in the third subparagraph on the authority or the financial community, if they are issued or the relevant capital instrument attached to meet equity requirements individually, in accordance with Regulation No. 575/2013 article 92 requirements and if that institution or finance company has issued a permit (license) in accordance with the law of credit institutions or financial instruments market law. (2) the financial and capital market Commission is responsible for this law, article 77 of the third subparagraph of paragraph 2 that finding with respect to the authority or the financial community, which is a subsidiary of the company, if they are issued by or associated with equity instruments concerned satisfy the capital requirements of the individual and at the level of consolidation and if that authority or financial firm is issued a permit (license) in accordance with the law of credit institutions or financial instruments market law. (3) the financial and capital market Commission, if it is the institution of consolidated supervision, take all measures within its competence to the Member States, together with the authority responsible for this law, article 77 of the findings referred to in the third subparagraph, make this law, article 77 of the third subparagraph of paragraph 3 that finding a harmonised decision in accordance with article 112 of the law on the quarter in respect of the authority or the financial community that is a subsidiary of that State, if such authorities or public or issued the relevant capital instrument attached to meet equity requirements and consolidation at the level of the individual and where that institution or finance company has issued a permit (license) in accordance with the legislation of the Member State concerned. (4) the financial and capital market Commission distributes all its competence measures together with the authority of a Member State which, under its law is responsible for this law, article 77 of the findings referred to in the third subparagraph the finding of equivalent conduct of the Member State in which the institution of consolidated supervision, perform this law, article 77 of the third subparagraph of paragraph 3 that finding a harmonised decision in accordance with article 113 of the law on the financial institution or company that is the subsidiary of the parent, if these authorities or public or issued the relevant capital instrument attached to meet equity requirements and consolidation at the level of the individual and if that authority or a financial firm is issued a permit (license) in accordance with the law of credit institutions or financial instruments market law. (5) the financial and capital market Commission, if it is a consolidated supervision authority, is responsible for this law, article 77 of the third subparagraph of paragraph 4 of that finding. 80. article. (1) article 77 of this Act Before a third-part 2, 3, 4 or 5 the finding referred to in respect of the subsidiary that issued the relevant capital or links to tools that meet the same capital requirements and consolidation at the level of the individual, the financial and capital market Commission shall meet the following requirements: 1) if the Commission is considering whether to make this law 77 of part of article 2, 3, 4 or 5 of the findings referred to in paragraph It shall forthwith notify to the member institution of consolidated supervision and, if it is not one and the same — the body responsible for this law, in the third paragraph of article 77 of the findings; 2) if the Commission is considering whether to make this law, article 77 of the third subparagraph of point 3 of that finding, it shall forthwith notify the supervisory authority, which shall carry out each of the authorities or public surveillance, which emits or attracted to the relevant capital instruments which could be applied to write-off or conversion rights, and — if it is not one and the same – it the authority of the said Member State who is responsible for this law, in the third paragraph of article 77 of the findings. (2) If this Act 77 of the third paragraph of article 3, 4 or 5 the finding referred to in paragraph shall be made in respect of the financial company or group implementing the cross-border activities, financial and capital market Commission takes into account the potential effect of the action of the application in all Member States in which the institution or group work. (3) the financial and capital market Commission communication under the first paragraph of this article, accompanied by an explanation of the reasons why it considered the relevant findings. (4) where a statement in accordance with the first paragraph of this article, the financial and capital market Commission after consultation with the authorities or institutions, which it has duly informed, evaluate the following issues: 1) or alternative measures are available to write-off or conversion rights according to this law, the third paragraph of article 77; 2 alternative measures) if such is available — or it can actually be applied; 3) if such alternative measures may actually be applied — or is a real chance that this review period will affect the conditions that would make this law, article 77 of the findings referred to in the third subparagraph. (5) the fourth subparagraph of this article, the meaning of alternative measures is this law referred to in article 33. early intervention measures, as well as of the law of credit institutions in article 4.4 and 4.7 101.3 and financial instruments market law article 139 measures referred to in paragraph 7.3 or transfer or capital finance company from its parent company. (6) If, in accordance with the fourth paragraph of this article, the financial and capital market Commission, after consultation of the institutions that it has been informed accordingly, assessed that are available in one or more alternative measures that it can actually be applied and they give the fourth paragraph of this article, paragraph 3, it shall ensure that these measures are applied. (7) If the first part of this article referred to in paragraph 1 and in accordance with the fourth paragraph of this article, the financial and capital market Commission, after consultation of the institutions that it has been informed accordingly, it is concluded that there are no available alternative measures that give the fourth paragraph of this article, paragraph 3, of the results referred to in the financial and capital market is considering whether it is necessary to carry out this Act. the third paragraph of article 77 of that finding. (8) if the financial and capital market Commission decides to take this law, article 77 of the third subparagraph of point 3 of that finding, it shall immediately notify the Member State in which the subsidiary company concerned, the authorities responsible for this law, article 77 of the findings referred to in the third subparagraph, and finding out a harmonised decision in accordance with article 112 of the law on the quarter. (9) If an authority of another Member State which is responsible for this law, in the third paragraph of article 77 of the findings, decide to take this law, article 77 of the third subparagraph of paragraph 3 that finding and notify the financial and capital market Commission, since the subsidiary company located in the Republic of Latvia, the finance and capital market Commission shall implement all the measures in its competence to perform the finding a coherent decision according to article 113 of this law. (10) in accordance with this law, the finding of the third subparagraph of article 77 paragraph 3 is not paid, if there is no harmonised referred to in this article. (11) the financial and capital market Commission of Latvia, if this article is the ninth in the subsidiary company, promptly accepted the decision to write off or convert the relevant equity instruments. NodaļaPapild XIII financial stabilisation instruments article 81. (1) in order to achieve the objectives of the President and prevent the public authorities or insolvency, the Cabinet of Ministers, in consultation with the above financial and capital market Commission, is entitled to decide on the further stabilisation of financial instruments, if the following conditions are met: 1) shareholders or those who belong to other instruments of ownership is the miscreant losses and recapitalisation of the instrument as a result of the application of miscreant, not less than 8 percent of its total commitments of institutions and equity that amount is fixed for the duration of the application in accordance with Chapter VIII of this law provides for the assessment of the financial and capital market Commission using the write-off or conversion rights or other measures; 2) all this law article 39, first paragraph, the President of the set operation conditions, but the settlement instruments would not be sufficient to prevent significant adverse impacts on the public authorities or financial stability and performance. (2) the application of the additional financial stabilisation instruments, State aid is provided. Before the provision of State aid is necessary to receive the European Commission decision on State aid is compatible with the internal market of the European Union. Article 82. Additional financial stabilization tools are: 1) the public capital support tool; 2) public property. 83. article. (1) the application of the public capital support, financial and capital market Commission is entitled to exercise public authority or the financial recapitalisation, providing it with capital in Exchange for the following instruments: 1) first level of core capital instruments; 2) first level of additional equity instruments or equity instruments of the second level. (2) the application of the public support, the capital of the State-owned shares in the institution or the financial community is seized, does not exceed the term laid down in the European Commission's decision on the compatibility of State aid with the internal market of the European Union. 84. article. (1) the application of a temporary public ownership, the authority or the financial instruments of the company at the time of State property may be taken over by the Administration in the Cabinet of Ministers designated Corporation, which State has a decisive impact. (2) the authority or the financial community, which is suitable for temporary public ownership tool is forfeited, shall not exceed the European Commission's decision on the compatibility of State aid with the internal market of the European Union set a deadline. NodaļaNoregulējum XIV rights Article 85. (1) the financial and capital market Commission, as President of the authority, in application of the instruments, the settlement has the following rights: 1 the application) require that any settlement activity, the person shall provide any information necessary for the financial and capital market Commission decide on relief operations and to prepare, including settlement plans information provided clarifications and additions; 2) to take over control of its authority and to exercise all the rights given to the adjustable body shareholders or those persons who belong to other instruments of ownership, Council, Board or senior management; 3) to transfer to the purchaser or the provisional body adjustable body shares or other ownership instruments; 4) put another company with the consent of the authority-financial instruments, rights, assets or liabilities; 5) reduce or delete the corresponding obligations of the authority its principal or outstanding amount arising from these commitments; 6) to convert the commitment authority for directing the stock or other ownership instruments, financial institution in society, given the mother's body or institution that is passed to the authorities or public assets, rights or obligations; 7) delete adjustable authorities issued debt instruments, except for the secured obligations in the cases specified in this law; 8) reduce, including reduction to zero, adjustable body shares or other ownership instruments nominal value and delete such shares or other ownership of tools; 9) to put the adjustable body or the relevant authority to increase the share capital of the mother, including the issue of new shares or other equity instruments, including preferred shares and convertible instruments with conditions; 10) to amend its authorities commitment deadline, to amend the commitments payable interest rate, amount and payment arrangements. This does not apply to the secured obligations; 11) terminate the financial closure and contracts or derivatives contracts; 12) to cancel the authority of the Council or its Board members and to appoint new members. (2) the financial and capital market Commission, applying the adjustment tools and implementing settlement rights can be disregarded and is not bound by the laws of the other requirements in relation to financial instruments, rights, assets or liabilities, including the need to get its shareholders or of the authority of the persons that belong to other proprietary tools as well as a vendor or a third party's consent and the requirement for prior notification to third parties. This exemption does not apply to requirements laid down by the State aid regulatory framework. (3) If the first paragraph of this article, the rights are not applicable to the institution or to the legal form of the financial companies, the financial and capital market Commission, the following institutions or companies apply equivalent rights and such institutions and public shareholders or those persons who belong to other proprietary tools as well as creditors and Contracting Parties (business partners): this statutory protection measures. 86. article. (1) in addition to article 85 of this law the rights laid down in the financial and capital market Commission shall have the following rights: 1) provide that the transfer of the applicable without any liabilities or encumbrance affecting the marketable financial instruments, rights, assets or liabilities; 2) cancel the right to buy additional shares or other ownership instruments; 3) request the relevant authority off its securities from the regulated markets or suspend their trade, as defined in the law on the financial instruments market; 4) to ensure that the transferred financial instruments, rights, assets or liabilities of the institution in its beneficiary rights and responsibilities; 5) require that the authority and its shares or other ownership instruments, financial instruments, rights, assets or liabilities of each other with the requested information and provide assistance. 6) cancel or amend the provisions of the Treaty, which is half-body, or replace the financial instrument contracts, rights, assets or liabilities as requested. (2) the President of the rights are implemented, providing adjustable body contracts and their relationship to continuity, which goes to the receiver. This does not affect the rights of the employees of the authority directing the shout out of employment contracts and other adjustable body agreements ensuing the parties ' rights. 87. article. (1) the financial and capital market Commission is entitled to ask the adjustable body or any of its bodies referred to the group to provide the public or provide services that are needed to the law, the beneficiary of the asset or liability could effectively use it to manage the rights and financial instruments, assets or liabilities. Adjustable body shall give or provide services under contracts which it has signed up to the adjustment or if the contract is not or no longer valid, according to fair business practices. (2) If a settlement of another Member State, the authority has used the first part of this article, rights regarding its established in another Member State the body or its group companies, respectively located in the Republic of Latvia, the finance and capital market Commission is entitled to provide relief in another Member State of a decision of the authority. (3) the first part of this article shall also apply to the authorities or the Group directing the public to the insolvency process. 88. article. (1) If, upon transfer of the shares, other proprietary tools, assets, rights or obligations shall also be forwarded to the assets located in another Member State, or any rights or obligations which apply to the other Member State legislation on the transfer of the country considered the other Member States and to the transfer of the applicable legislation of the Member State. (2) the financial and capital market Commission provides support to the President of the authority of another Member State for the stock or other ownership instruments, assets, rights or liabilities that are attributable to the legislation of the Republic of Latvia. (3) shareholders or those persons who belong to other proprietary tools, vendors, and third parties, for which the relevant shares or other instruments of ownership, assets, rights or liabilities, do not have the right to request the postponement of the transfer. (4) If a settlement of another Member State, the authority shall exercise the write-off or conversion rights on instruments or obligations, including obligations to creditors, which are governed by the laws of the Republic of Latvia, the finance and capital market Commission ensures that the principal is reduced or tools or liabilities or instruments are converted according to the application of another Member State, the authorities carried out flushing or conversion rights. Article 89. (1) if the financial and capital market Commission suitable relief operation is directed to a foreign country for existing adjustable body assets or shares or other instruments of ownership, rights or obligations that are applicable to foreign law, financial and capital market Commission may require: 1) the person who manages the adjustable body assets, shares, other proprietary tools, the obligations and exercise the rights, take all necessary measures to ensure that transfer, disposal, conversion and other relief activities are implemented; 2) the person who manages the adjustable body assets, shares, other proprietary tools, commitments and implementing the law, is obliged to hold shares, other proprietary tools, assets or obligations and exercise rights or to take responsibility for the liabilities until the transfer is implemented, write-offs, conversion or other settlement activities; 3) the person who manages the adjustable body assets, shares, other proprietary instruments, obligations and exercise the rights, shall be liable for the reasonable expenses this part 1 and 2 operations specified in accordance with article 43 of the law the fifth part. (2) if the financial and capital market Commission appreciates that, despite all the measures that are taken in person, it is not expected that the transfer or conversion will probably apply in respect of property that is located in a foreign country, or specific shares, other instruments of ownership, rights or obligations in accordance with foreign legislation, financial and capital market Commission not make transfers, write-offs, conversion or other relief activities, including cases When the financial and capital market Commission has already adopted a decision on the ownership of the shares, other instruments, rights or liabilities, conversion or action. Article 90. (1) the crisis prevention and crisis management measures that have been taken in respect of the authority or the financial company under this Act, and any event that is directly related to the application of such a measure, in accordance with the authorities or public contract is not considered enforcement of financial collateral event for regulatory purposes or the laws on insolvency proceedings settlement finality in payment and securities settlement systems of law governing the terms provided that's still significant commitments are being fulfilled in accordance with the agreement, including the payment and payment enforcement commitments, as well as collateral is given. This also applies to the following authorities or public authorities or of the subsidiary company's contracts, provides that the obligations guaranteed by the parent institution or finance company, or any group or finance company, or to any other group or financial institutions of public contracts if they contain provisions on the liability of the other group companies. (2) if the financial and capital market Commission has recognized foreign proceedings, for the purposes of applying this article, they considered the crisis management measures. (3) the crisis prevention and crisis management measures, as well as any event that is directly related to the application of such a measure, not to: 1) the implementation of any termination, suspension, amendment, or deletion of the clearing of reciprocal rights, including in relation to contracts concluded by a subsidiary body or the finance company and the performance of which is guaranteed or which participates in the execution of the financial group company; 2) for property, take over the control of the participating authorities or public property or asked for it security; 3) influence of the authorities or public contracts concluded hereunder, if still being met resulting from contracts essential obligations, including the payment and payment enforcement commitments, as well as collateral is given. (4) the third paragraph of this article, 2. the operations referred to in paragraph 1 may be carried out if the grounds due to the event that is not a crisis prevention measures, crisis management event or any event that is directly related to the application of such measures. (5) a suspension or limitation is not considered to fulfil contractual obligations for the purposes of applying this article. 91. article. (1) the financial and capital market Commission shall have the right to any payment obligations under any contract in which the adjustable body is the party to stop from the date of the notice of suspension published until midnight of the same day. If a payment or delivery obligation due to the period of suspension, the payment or delivery obligations immediately after the end of the period of suspension. (2) If the payment obligations of the authority for directing under contract are stopped also adjustable body of the parties of the transaction payment or delivery obligations under that agreement is suspended for the same period. (3) the rights specified in this article do not apply to: 1) cover the deposits; 2) payment due obligations to the payment systems or systems, central counterparties and central banks of the Member States; 3) according to the system of investor protection claims. (4) in exercising rights under this article, the financial and capital market Commission takes into account the potential of this law, 86 and 87 85. exercise of the right referred to in article's impact on the financial markets stable. 92. article. (1) the financial and capital market Commission is entitled to limit its authority to ensure the security of the rights of creditors with regard to any assets of the authority from its announcement of the suspension of the publication date to midnight the same day. (2) the financial and capital market Commission is not entitled to exercise the rights referred to in the first subparagraph in respect of the payment system operators, central counterparties and central bank of the Member State claims for assets, which has adjustable pledged them or provided as financial collateral. (3) in exercising rights under this article, the financial and capital market Commission followed this law, 85, 86, and referred to in article 87 implementation of the law's potential impact on the financial markets stable. 93. article. (1) the financial and capital market Commission has the right of a Contracting Party (counterparty), which are entered into any form of contract with adjustable body to temporarily suspend the contract notice right from the notification of the suspension of the publication date to midnight the same day. (2) the financial and capital market Commission has the right of a Contracting Party to it (the counterparty), which are entered into any kind of agreement with its subsidiary bodies, to temporarily suspend the right of termination of the contract if: 1) adjustable authority issued the guarantees laid down in the Treaty, subsidiary obligations; 2) contract notice is only adjustable in the Authority's financial difficulties or financial situation; 3) financial and capital market Commission has decided or may decide to take with regard to the authority of its directing asset and liability transfers to the acquirer, it either subject to an agreement of all subsidiaries of the transfer of assets and liabilities and the winner it is assumed, or otherwise provide the corresponding assets and liabilities of such protection. (3) in the second paragraph of this article, rights may be exercised from the date of publication until midnight of the same day. (4) at the time of Suspension in accordance with the first and second subparagraphs shall not apply to the payment and securities systems or systems, central counterparties and central banks of the Member States. (5) if the financial and capital market Commission declares that the rights and obligations arising from the agreement, is not transferred to the acquirer or no disposal or convertible, the application of internal instrument, recapitalisation has the right to enforce contractual notice right before the suspension referred to in this article. (6) if the financial and capital market Commission has suspended the contract notice and is not provided in this article, give the notification provided for in the fifth subparagraph, after the end of the suspension period, the cooling-off rights can be implemented as follows: 1) if the rights and obligations arising from the agreement, is transferred to the beneficiary, the Contracting Party (counterparty) may use the cooling-off rights in accordance with the relevant provisions of the contract, if the contract notice the Foundation derives from the action of the proposed acquirer; 2) if the rights and obligations arising from the contract, remains its authority and Financial and capital market Commission are not applied internal recapitalisation, the Contracting Party (counterparty) cooling-off rights may be exercised in accordance with the relevant provisions of the Treaty. (7) in exercising rights under this article, the financial and capital market Commission takes account of this law, 85, 86, and referred to in article 87 implementation of the law's potential impact on the financial markets stable. (8) the financial and capital market Commission is entitled to request for the body or the finance company shall maintain detailed records regarding financial contracts. Financial and capital market Commission, on the basis of the competent authorities of the Member State or the President of the authority, to transmit the information required for the implementation of the law in accordance with the Commission's delegated 28 may 2013 Regulation (EU) No 876/2013, complementary to the European Parliament and Council Regulation (EU) No 648/2012 in relation to the regulatory technical standards as the central counterparty for the College (text with EEA relevance) Article 81. 94. article. Financial and capital market Commission, to carry out relief operation, is entitled, in appointing Governors, to take over the directing authority under its control so as to manage the adjustable body with all its institutions, the Council of the general meeting and the Board's powers, perform its activities and services, as well as manage and operate the assets of the institution and its assets. At a time when the trustee is appointed, adjustable body shareholders or those persons who belong to other instruments of ownership, not voting rights arising from the adjustable body shares or other ownership instruments. NodaļaAizsardzīb XV measures article 95. (1) the application of one or more adjustment transactions, shareholders, those who belong to other instruments of ownership, and the creditors whose claims have not been released, received compensation for their claims at least to the extent that they would have received if the directing authority be insolvency immediately before the transfer. (2) if the financial and capital market Commission as an instrument of internal recapitalisation shareholders, persons who belong to other proprietary tools, and those creditors whose claims are scrapped or converted to equity, the application of the instrument must not lead to greater losses as if its body were applied for insolvency proceedings directly before the write-off or conversion. Article 96. (1) in order to assess whether the shareholders, persons who belong to other proprietary tools, and vendors would apply more favourable conditions if the relief operation had been launched in bankruptcy, the evaluator immediately after the settlement of a transaction carried out evaluation, which shall identify: 1) what conditions should be adequate for shareholders, persons who belong to other proprietary tools and vendors, if adjustable body in respect of which the relief operation carried out, would be launched during the insolvency proceedings in accordance with this law, the decision was taken for the relief operations; 2) what conditions are actually implemented as regards shareholders, persons who belong to other instruments of ownership, and directing authorities to vendors management; 3. This article) or 1 and the conditions referred to in paragraph 2, the effect of the application are different. (2) the assessor for the evaluation process takes into account the assumption that the authority would be directing launched insolvency proceedings, in accordance with this law, the decision was taken for the relief operation, and that the relief operation was not performed. Article 97. Where the assessment of whether shareholders, persons who belong to other proprietary tools, and vendors would apply more favourable conditions if it were launched insolvency proceedings, it has been found that any shareholder, the person who owns the other instruments of ownership, vendor or deposit guarantee fund has suffered greater losses than the victim in the case of initiation of insolvency, they are entitled to reimbursement of the cost of the relief fund. 98. article. (1) if the financial and capital market Commission, using the tool, transfer the application to the public or temporary authority asset management part of society, but not all adjustable body assets, rights or obligations or if the financial and capital market Commission repeal or amend the provisions of the Treaty, which is half-body, or acting on its behalf, the financial and capital market Commission ensures the protection laid down in this law and this law, apply in the 90 's. , 91, 92 and 93.. Article limits the following arrangement: 1) support on the basis of which a Contracting Party (counterparty) is an actual or potential interest in the assets or rights to which the transfer relates, irrespective of whether this interest is secured by specific assets or rights, or with interest payments, or a similar condition; 2) contracts for the provision of financial collateral, with the transfer of ownership of a security with secure or guarantee obligations, is provided with a complete transfer of ownership of the assets of the guarantor the collateral taker, in addition, the collateral taker is obliged to transfer assets, where those treaties are complied with in obligations; 3) includes mutual agreements, under which two or more claims or liabilities between the institution and its Contracting Parties (business partners) can be deleted. 4) includes mutual agreements, under which a number of the claims can be made into a single net claim, if, after the execution of the treaty event, required immediate execution of obligations and claims in each of the cases is converted into one net claim or replaced with it; 5) the covered bonds; 6) financial instruments, contracts, which are used for hedging purposes, which form an integral part of the portfolio of the security part and which are in accordance with the laws and regulations relating to financial instruments are provided in a similar fashion as covered bonds. These contracts include the fact that the security granted and maintained Contracting Party (counterparty) or authorized representative. (2) of this article, the protection provided for in the first subparagraph shall apply regardless of the number of parties involved and whether: 1) agreed contract, trust or other legal form and regulations provide for the possibility of such an agreement; 2) agreement fully or partially regulated by other laws of the Member States and other Member States ' legislation allows to conclude such an agreement. Article 99. (1) the transfer of contracts for the provision of financial collateral with the transfer of ownership and the mutual agreement, including the financial and capital market Commission ensures that all of these are adjustable and others agreements, protect rights and obligations as well as these treaties do not protect the rights and obligations of modification or termination, through this law, financial and capital market Commission in certain measures. (2) the rights and obligations shall be considered to be safeguarded if the Contracting Parties are entitled to carry out the mutual rights and obligations between the deletion or offsetting. (3) in addition to the first part of this article in the financial and capital market Commission, if necessary, to ensure the availability of the deposit cover, you can: 1) put segto deposits, which form part of the first paragraph of this article, the subject of the contract without the transfer of other assets, rights or obligations that are the subject of the same contract; 2) to pass, amend or to realize the assets, rights or obligations without transferring segto deposits. 100. article. (1) in this Act referred to in article 98 of the financial and capital market Commission: 1) not transfer the assets, which have secured obligations, unless those obligations and shall also be forwarded to the income generated from the securities; 2) share secured obligations, unless it shall also be forwarded to the income generated from the securities; 3) does not transfer income from the securities, unless it shall also be forwarded to the secured obligations; 4) modification or termination of security agreement, if the alteration or termination of obligations no longer provide. (2) in addition to the first part of this article in the financial and capital market Commission, if necessary, to ensure the availability of the deposit cover, you can: 1) put segto deposits, which form part of the first paragraph of this article, the subject of the contract without the transfer of other assets, rights or obligations that are the subject of the same contract; 2) to transfer or otherwise dispose of such assets, rights or obligations, as well as to amend the right or obligation without transferring segto deposits. 101. article. (1) transfer of structured financing contracts, financial and capital market Commission: 1) not transfer the assets, rights and obligations, within the structured financing of the contract subject matter, including its 98 this law, the first paragraph of article 5 and 6 of the agreement referred to in paragraph where adjustable authority is a party; 2) modification or terminate contracts with adjustable body is one of the parties. (2) in exceptional cases, the financial and capital market Commission, if necessary, to ensure the availability of deposits covered are eligible: 1) put segto deposits, which form part of the first paragraph of this article, the subject of the contract without the transfer of other assets, rights or obligations that are the subject of the same contract; 2) to transfer or otherwise dispose of such assets, rights or obligations, as well as to amend the right or obligation without transferring segto deposits. Article 102. (1) the President of the instrument shall not affect the application of the payment and securities settlement systems, if the financial and capital market Commission: 1) transfer some, but not all adjustable body assets, rights or obligations to another company; 2) used its right to withdraw or amend the provisions of the Treaty, in which the body is directing one of the parties, or to replace the party which is the winner. (2) the first paragraph of this article shall not affect the operation of the transfer order and the implementation of features including, securities or credit, as well as security protection. (3) the application of this article, the financial and capital market Commission provides that article 92 of this law limits determined in all the Group companies, which carries out relief operations. NodaļaInformācij XVI and the obligation to provide limited accessibility information in article 103. (1) public authorities or inform the Management Board of the financial and capital market Commission, if it considers that the authority or the financial company has financial difficulties, or you may get financial difficulties. (2) if the financial and capital market Commission finds that the authority or the financial community comply with article 39 of this law, in the third paragraph, the said conditions, financial and capital market Commission shall, without delay, notify: 1) authorities or companies or authorities or society affiliate management and supervisory bodies; 2 the Bank of Latvia); 3) group level management authority; 4 the Ministry of Finance); 5) the institution of consolidated supervision, if the financial institution or company to consolidated supervision is carried out; 6) the European systemic risk Board. Article 104. (1) after a decision on the interlocutory application activity (hereinafter referred to as the settlement decision), financial and capital market Commission for the decision to send the notification: 1) adjustable and its affiliates supervisory bodies; 2 the Bank of Latvia); 3) group level management authority; 4 the Ministry of Finance); 5) the institution of consolidated supervision, if adjustable body consolidated supervision is carried out; 6) the European systemic risk Board; 7) the European Commission, the European Central bank, the European securities market the authority, the European supervisory authority and the European banking authority; 8) the law "on settlement finality in payment and settlement systems of financial instruments" the established system operators. (2) the financial and capital market Commission shall publish on its homepage on the internet and sent to the European banking authority for publication of the European banking authority home page on the internet for information on the application of the decisions adopted. Financial and capital market Commission shall forward that information to the official required information storage system for financial instruments market law, if adjustable body shares, other proprietary tools or debt instruments admitted to trading on a regulated market, or for directing bodies and shareholders known creditors, if the shares, ownership of tools, or debt instruments not admitted to trading on a regulated market. Article 105. (1) The limited availability of information considered by such actions the recovery plan, the settlement plan, the results of the evaluation, settlement, settlement activities, including the proceedings and interlocutory application of tool related information, which provided: 1) financial and capital market Commission; 2) Ministry of finance; 3) authorised representatives or governors, appointed in accordance with the law; 4) adjustable body asset, liability, right, shares or other ownership instruments recipients; 5) sworn auditors, advisers, valuers and other persons who are directly or directly collaborated with the financial and capital market Commission; 6) the Bank of Latvia; 7) other direct or mediated administrations involved in the settlement process; 8) Provisional Authority or the asset management company; 9) persons who provide or have provided services to the persons referred to in this article, as well as legal persons referred to the Council, the members of the Board or senior management, or staff that information received of their work or professional duties. (2) the Limited availability of information cannot be disclosed to other parties except one in summary or aggregate form it would not be possible to identify a specific institution or finance company, except may disclose this information in accordance with the law. (3) the classification of information as a restricted access information, evaluate the effects of the release of such information would cause public interest relating to the financial, monetary and economic policies and of the natural and legal persons commercial interests, as well as evaluate the inspection and audit needs and objectives, in particular the consequences that would result from the activities of the recovery plan, the settlement plan and the disclosure of the results of the evaluation. (4) the financial and capital market Commission, the Ministry of finance, the President and the President of the other involved direct and direct regulatory authority, the Bank of Latvia, the provisional authority or asset management company internal regulations include the prohibition to disclose information and limited access ensures that access to this information is limited to persons who are directly involved in the settlement process. The said law also provides that the persons concerned are informed of the prohibition to disclose the limited availability of information. (5) the first paragraph of this article of the person in accordance with the regulations is punishable on the first part of this article in limited accessibility information (confidential report). (6) the first subparagraph shall be without prejudice to the institutional or legal persons employees or former employees or professional duty for the purpose of exchange of information within these institutions, as well as the financial and capital market Commission under its competence exchange limited availability information with other Member States ' competent authorities responsible for ministries, central banks, deposit guarantee schemes, the national authorities responsible for the insolvency proceedings in the Member State concerned , The European banking authority or the appropriate foreign authorities in the relevant foreign country is responsible for the implementation of the settlement. NodaļaPārrobež group XVII settlement article 106. In accordance with this law making decisions or carrying out such activities and events that can affect one or more other Member States, the financial and capital market Commission respects the following general principles: 1) and the decision making efficiency and cost reduction measures; 2) early action and, if necessary, the action agenda in urgency; 3) cooperation to ensure that decisions are made and actions are carried out in a coordinated and efficient; 4) the President of each Member State the authorities, roles and responsibilities clear definition; 5 the Member States interest due) consideration, the Member State in which the parent company and the subsidiaries of a Member State carried out commercial activities, and in particular any decision, action or inaction of the Member States referred to the impact on financial stability, fiscal resources, the relief fund, the deposit guarantee scheme or system of investor protection; 6 the proper interests of the Member States) consideration that important branch does business, particularly by any decision, act or omission of the impact to the financial stability of the Member States; 7 consideration of the objectives), balancing the different interests of the Member States involved and the interests of the Member States to avoid failure or advocacy, especially in trying to avoid the unfair allocation of administrative costs in the Member States; 8) the obligation under this law before the adoption of the decision or measure to consult with management or supervisory bodies shall at least include an obligation to consult on the proposed decision or action elements that may influence or affect the Member State's parent company, subsidiary, or affiliate, and on the proposed decision or measure elements that have or could have an impact on the financial stability of the Member State, the Member State in which the parent company , subsidiary company or branch does business or is established; 9) the relief activities, take into account the implementation of the settlement plan and, unless, subject to the circumstances of the case, the President does not believe that the objectives will be achieved efficiently in carrying out operations not provided for in the settlement plan; 10) assessed the proposed decision or measure the potential impacts on the financial soundness of the Member State concerned, fiscal resources, the President of the Fund, the deposit guarantee scheme or system of investor protection; 11) understanding that to achieve the best overall cost reduction measures is possible, measures and monitoring institutions collaboration and coordination. Article 107. (1) if the financial and capital market Commission are group-level relief authority, it shall establish the relief Board to exercise the rights referred to in this law to determine the minimum equity capital and the corresponding obligations, as well as cooperation and coordination with foreign relief authorities. Financial and capital market Commission is not obliged to create a relief if the College has already established a group or association that fulfils the same functions, performs the same tasks and meet all this law the President of the College. (2) the President of the College and, if necessary, the supervisory authority shall perform the following functions: 1) shall exchange information related to the Group's relief plans, preparation and application of preventive law groups and group relief; 2 develop a group settlement) plan; 3) evaluates the Group noregulējamīb; 4) take measures groups of noregulējamīb barriers; 5) decide on the need to create a group settlement plan and agree on a settlement plan in that application; 6) coordinate information to the public about the application of the Group's strategies and plans; 7) coordinate the application of the group financing mechanisms; 8) defines the minimum requirements for the consolidated Group and subsidiary level; 9) discusses other issues related to the application of the group. (3) the President of the College consists of: 1) group level management authority; 2 the President of the authority) in each Member State in which the subsidiary is subject to consolidated supervision by the commercial activities; 3 President of the authorities in the Member States) in which one or more groups of the society, which is the parent company of this law, article 2, second paragraph, point 4, of that company does business; 4 President of the authorities) of the country's major branches; 5) institution of consolidated supervision and the monitoring of the Member States authorities, the President of the institution which is a member of the college application, as well as the central banks of the Member States, at the invitation of the supervisory authorities; 6 the competent Ministry); 7) authority, which is responsible for the deposit guarantee scheme in the Member States, the President of the institution which is a member of the College of management; 8) the European banking authority (without the right to vote in decisions of the College within the application); 9) the President of the foreign institution where the parent company or body carrying out commercial activities in the Member States, is a subsidiary of the authority or of an important branch, where the level of the Group settlement authority acknowledged that they have no specific disclosure requirements that are equivalent to the requirements of this law. (4) if the financial and capital market Commission are group-level relief authority, it is the President of the College President, and has the following rights: 1) after prior consultation with the other institutions to impose a settlement on the written rules and procedures the President of the College; 2 coordinate all relief College); 3) to convene and lead a relief, as well as the meeting of the College to inform all members of the College, the President of the meeting time, place and the issues under consideration; 4) to decide on inviting other people to the President of the meeting of the Board, taking into account that the issue is an important issue that the Board members and invited Parties, especially its possible effects on financial stability in the Member States concerned; 5) to inform all members of the College settlement on this part of the meetings referred to in paragraph 3, the decisions and the results. (5) if the financial and capital market Commission involves the President of the College consists of that group level is the President of the institution of another Member State, the President of the authority, the financial and capital market Commission are taking part in the relief work of the College to the extent determined by the group-level adjustment authority. Financial and capital market Commission is entitled to participate in the meetings of the college application, if the agenda issues discussed apply to coordinated decision or group company located in the Republic of Latvia. Article 108. (1) if the foreign entity or foreign parent company in the Republic of Latvia and another in one or more Member States conducting the business of the subsidiaries or branches of major financial and capital market Commission and the participating Member States, the President of the institution of the European settlement of the College, chaired by agreement between the President of the College of Europe appointed member. (2) the President of the College of Europe fulfil this statutory relief function of the College in relation to subsidiary companies and affiliates, in so far as it is applicable to them. (3) If the first part of this article in certain subsidiaries or affiliates of financial holding company in a Member State belongs, established in the Member State concerned, the President of the College of Europe headed by the President of the institution of the Member State in which the institution of consolidated supervision of consolidated supervision. (4) the President of the College of Europe may not build if you have already set up by another team, or College, President of the College of performing the functions assigned to it by this law. 109. article. (1) the financial and capital market Commission, at the request of the other Member States, the President of the institutions and the supervisory authorities the requested information necessary for the relief operation, and the financial and capital market Commission is entitled to relief from other Member States bodies and supervisory bodies to request information necessary for the relief operation. (2) if the financial and capital market Commission are group-level relief authority, it shall send the Member State concerned of the application to the authorities all relevant information. (3) the President of the foreign authorities information provided by financial and capital market Commission is entitled to give other Member States ' authorities and the President of the supervisory bodies only by the President of the foreign authority. (4) the financial and capital market Commission provides information on the Ministry of Finance on matters for which the financial and capital market Commission is obliged under the law to report The Ministry of finance, consulting or it needs to get its consent or that may have an impact on the State budget. 110. article. (1) if the financial and capital market Commission decides that the Republic of Latvia registered financial institution or firm which is a subsidiary company of the group is applied in the early intervention measures, it shall immediately notify the group level adjustment to the authority, institution of consolidated supervision and other group measures, as well as members of the College shall notify or inform the application about the need to initiate insolvency proceedings. (2) group-level adjustment authority after consultation with the other members of the College, the President finds, or the first part of this article, the information received could be provided in another Member State of an existing company in the Group's compliance with the settlement terms. If such compliance is not found in the financial and capital market Commission may conduct relief operations or initiate bankruptcy proceedings, which it has announced. (3) if the group-level adjustment authority after consultation with the other members of the College, the President finds that the relief activities, or other measures, for which the stated Financial and capital market Commission, ensure that existing group in another Member State in the community comply with the terms of the settlement, the President of group-level institution no later than 24 hours after the financial and capital market Commission's notification to the President of the Group proposing the plan and submit it to the President of the College. This 24-hour period may be extended with the consent of the financial and capital market Commission. (4) If, within 24 hours or longer period of time for which the agreed financial and capital market Commission receipt of group-level authority has not done the application assessment, financial and capital market Commission may take measures or other measures which it announced. (5) the implementation of the settlement plan of the Group: 1) take into account the implementation of the settlement plan and, unless the President of the authority, subject to the actual circumstances, the President does not believe that the target will be achieved more effectively by the actions not intended settlement plans; 2) lists the relief operation that the President of the authority in respect of a Member State to a parent company or individual group companies, in order to implement the objectives of the application; 3) defines how to coordinate the relief operations; 4) included in the financing plan, which takes into account the Group's relief plan and the distribution of responsibility. (6) the President of the group, the plan adopted by the President of the group-level authorities and their subsidiary responsible for the relief agencies coordinated decision, subject to the application of the group plan. (7) if the financial and capital market Commission does not agree with the level of the Group settlement institutions of the Group proposed settlement plan or follow them only in part, or believes that financial stability reasons, the need for an independent action for relief or measures other than specified in the proposed plan for the Republic of Latvia registered the authority or the financial community, it explains the reasons why the Group did not agree with the settlement plan or follow it only partially doing this causes certain group level management authority and other relief bodies covered by the settlement plan, the Group and inform them of the actions or measures foreseen by make. The decision does not consent to the application of the Group's plan to finance and capital market Commission evaluate the settlement plans, possible effects on the financial stability of the participating Member States, as well as actions or measures the potential impact to other group companies. 111. article. (1) if the financial and capital market Commission as a group-level adjustment authority receives the Group's subsidiary, the President of the Authority's statement that this company meets the terms of the settlement, so within 24 hours of receipt of the notification, in consultation with the other members of the college application, assess, or subsidiary of the group relief measures referred to in the notice of the authority or recognised the need to initiate insolvency proceedings in another Member State contributes to the existing group of public compliance with the settlement terms the President of the group, adopted the plan and submit it to the President of the College. Financial and capital market Commission may extend the evaluation time with notice requesting relief authorities consent. (2) the President of the group plan adopted by financial and capital market Commission and the subsidiary responsible for relief agencies coordinated decision, subject to the application of the group plan. If any of the Group's subsidiary relief authorities adopt individual decisions for its group of subsidiaries in the territory of the community, financial and capital market Commission adopted by the subsidiary of the group relief agencies coordinated decision, which agrees with the financial and capital market Commission's proposed settlement of the Group's plan. 112. article. (1) if the financial and capital market Commission as a group-level adjustment authority decides that the parent company of the Member State for which it is responsible, in the statutory relief operation conditions, the Commission shall immediately notify the institution of consolidated supervision and the President of the Board of the group members, as well as advise the relief operation that considers appropriate, or the need to initiate insolvency proceedings. (2) the Relief or the need to initiate insolvency proceedings may include group relief plans, if: 1) financial and capital market Commission announced the settlement activities, or other measures of the parent level, promote the implementation of the provisions of the settlement group company in another Member State; 2) or other interlocutory measures only at the level of the parent is not sufficient to stabilize the financial situation, or they do not give optimum result; 3) one or more of the subsidiary bodies, at their assessment of the application meets the conditions of the application; 4) from the President of operations or other activities at group level will benefit the Group's subsidiaries. (3) if the financial and capital market Commission announced the settlement activity does not include group relief plans, Financial and capital market Commission, acting after consultation with the President of the members of the College, take into account the Group's relief plan, unless the President of the authority, subject to the actual circumstances of the participating Member States, as well as financial stability, the President does not believe that the target will be achieved more effectively if the actions will be performed, not provided for in the settlement plan. (4) if the financial and capital market Commission announced actions include the implementation of the plan of the President of the group, the Group President of the plan adopted by the financial and capital market Commission and the subsidiary responsible for relief agencies coordinated decision, subject to the application of the group plan. If any of the Group's subsidiary relief authorities adopt individual decisions for its group of subsidiaries in the territory of the community, financial and capital market Commission adopted by the subsidiary of the group relief agencies coordinated decision, which agrees with the financial and capital market Commission's proposed settlement of the Group's plan. Article 113. (1) If in the Republic of Latvia registered the Group subsidiaries group-level authority shall notify the President of the financial and capital market Commission, the parent company of a Member State shall comply with the measures laid down in this law, the pursuit of the conditions of the financial and capital market Commission, together with the rest of the group relief for members of the College participates in the group-level relief authorities announced during the discussion of the activities. (2) If the first part of this article announced relief operation includes the implementation of the plan of the President of the group, the Group's relief plan adopted by the President of the group-level authorities and their subsidiary responsible for the relief agencies coordinated decision, subject to the application of the group plan. (3) if the financial and capital market Commission does not agree with the level of the Group settlement institutions of the Group proposed settlement plan or follow them only in part, or believes that financial stability reasons need to take from the President of the independent activities or measures that are not defined in the proposed plan for the Republic of Latvia registered the authority or the financial community, it explains the reasons why the Group did not agree with the settlement plan or follow it only partially doing this causes certain group level management authority and other relief bodies covered by the settlement plan, the Group and inform them of the actions or measures foreseen by make. Setting out the reasons for the disagreement, financial and capital market Commission settlement plan, assess the potential impact on financial stability in participating Member States, as well as the actions or measures provided for potential impacts to other group companies. 114. article. (1) the financial and capital market Commission may refer to the European banking authority with a request to support this law agreed that the decision on the application of the Group's adoption of the plan in accordance with Regulation No 1093/2010 article 31, point "c". (2) If the President of the group said the plan is not implemented, financial and capital market Commission shall cooperate with the President of the College, to achieve a coherent relief strategy for all group companies that become insolvent or may become insolvent. (3) the financial and capital market Commission informed of its activities or the relief measures and other measures of the progress of the members of the College. (4) in this Act, the said decision and decisions agreed that relief authorities in cases where the group does not agree with the settlement plan, are considered final, and President of the institutions involved will be applied in the Member States concerned. NodaļaAttiecīb XVIII with foreign countries 115. To ensure the implementation of the activities of the relief, relief authorities shall cooperate on the basis of the application of the international agreement on cooperation. If the President of the international agreement on cooperation has not entered into force, the Republic of Latvia may enter into with foreign States bilateral agreements on cooperation, subject to the provisions of this chapter. 116. article. (1) this article applies the foreign proceedings, if not the entry into force of the international agreement on the cooperation in the application, as well as following the entry into force of the agreement, in so far as that agreement does not regulate the foreign proceedings and enforcement. (2) the President of the College of Europe consultation adopt harmonised decision on recognition of the foreign settlement in relation to a foreign entity or parent company that has: 1) subsidiaries that operate in two or more Member States, or branches, which are considered important in two or more Member States; 2) assets, rights or obligations in two or more Member States, or governed by the laws of the Member States. (3) If the President of the College of Europe, which is a member of the financial and capital market Commission, adopt harmonised decision on recognition of foreign settlement, financial and capital market Commission provides foreign relief procedures in accordance with the laws of the Republic of Latvia. (4) If the President of the College of Europe, which is a member of the financial and capital market Commission, agreed the decision is taken or if the President of the College of Europe is not created, the financial and capital market Commission shall adopt its decision on whether to recognise and execute a foreign adjustment that relates to the foreign authority or the parent company. The decision is properly assessed for each individual Member State interests, the foreign authority or by the parent company, and especially the foreign proceedings for recognition and enforcement the possible effect on other companies in the Group and the financial stability of the Member States. (5) recognition of a foreign application may include: 1) implement measures relating to the rights of the foreign authorities or the parent company's assets, which are located in the Republic of Latvia or governed by the laws of the Republic of Latvia, or to foreign authorities rights or obligations recorded in the Republic of Latvia registered a branch or shall be governed by the laws of the Republic of Latvia, where the claim is in relation to such rights and obligations are enforced in the Republic of Latvia; 2) pass, as well as to require the other person to transfer the shares or other ownership instruments subsidiary, which does business in the Republic of Latvia; 3) to implement this law, 92 or 93 91. the rights laid down in article a party that has an agreement with the company referred to in the second subparagraph, where such rights are required to execute the foreign proceedings; 4) be declared unenforceable contract rights to terminate or accelerate with the company referred to in the second subparagraph or other group companies in the implementation of contracts concluded or amended the companies contractual rights, when such rights arise from settlement activities, in respect of the foreign body or parent company of such firms either made the foreign settlement authority, or the action taken under the foreign proceedings regulatory laws provided that is still being filled in the contract essential obligations, including payments and fulfillment, as well as collateral is given. (6) the financial and capital market Commission, if it has the mandate to carry out relief operations, and it is necessary in the public interest, can make this step and use the settlement rights, including regard to parent company, responsible for settlement of a foreign public authority determines that another foreign country registered authority comply with the terms of the settlement under the foreign law. Article 117. Financial and capital market Commission after consultation with the other institutions of the European settlement, which includes the President of the Board of the European institutions may refuse to recognise or execute the foreign proceedings, if it considers that: 1) of the foreign proceedings adversely affect financial stability in the Republic of Latvia or another Member State; 2) requires independent adjustment for foreign authorities established in the Republic of Latvia registered affiliate to achieve one or more objectives of the application; 3) depositors and other creditors that are located or which duties in the Republic of Latvia, in accordance with the settlement of a foreign internal procedures would not be granted the same treatment as those foreign creditors with similar rights; 4) foreign proceedings for recognition or enforcement of the Republic of Latvia created significant financial implications or such recognition or enforcement would conflict with the laws of the Republic of Latvia. 118. article. (1) the financial and capital market Commission is entitled to exercise rights in respect of the application for foreign institutions registered in the Republic of Latvia registered the branch where the foreign proceedings, if the financial and capital market Commission believes that the conduct of the proceedings is required in the public interest, has timed some of this law article 117 and is listed in one or more of the following conditions: 1) the branch no longer meets or may not meet its regulatory laws, and it is not expected that any private sector, monitoring or foreign relief operation concerned a reasonable period restore a branch compliance with the governing regulations, or to prevent insolvency; 2) financial and capital market Commission, the foreign authority is unable to pay its obligations towards its creditors, and financial and capital market Commission is satisfied that the reasonable period of time for that foreign authority is not or will not start foreign relief or insolvency proceedings; 3) foreign authority are applied to proceedings or a foreign authority has notified the President of the financial and capital market Commission of their intention to start them. (2) if the financial and capital market Commission implementing measures relating to the rights of foreign institutions registered in the Republic of Latvia registered affiliate, it takes into account the objectives of the measures and take action in accordance with the requirements of the law on the adjustment of the instrument. 119. article. (1) the provisions of this article shall apply in respect of cooperation with the foreign country, if not the entry into force of the international agreement on the cooperation in the application, as well as after it enters into force, in so far as that agreement will not be governed by this article. (2) the financial and capital market Commission is entitled in accordance with the European banking authority, the framework cooperation agreements with foreign institutions, conclude cooperation agreements with the following on the settlement of the responsible foreign institutions: 1) with the settlement of the responsible national authorities in a foreign country in which the parent company does business or company mentioned in this law, article 2, second paragraph, point 3 and 4, if the European Union subsidiaries do business in two or more Member States; 2) If a foreign institution has one or more branches in the Republic of Latvia and in one or several other Member States, responsible for settlement of the foreign institutions, which does business in the foreign authority; 3) If parent company or to the public, referred to in this law, article 2 of the second paragraph of point 3 and 4, which does business in the Republic of Latvia and has the authority or a subsidiary of a major subsidiary in another Member State, also has one or more of the foreign subsidiary bodies for the settlement of the responsible national authorities in foreign countries that do business with the authorities of that subsidiary; 4) if the authority, which has a subsidiary company or major branch of the Republic of Latvia, has one or more branches in one or more foreign countries, on the settlement of the responsible national authorities in foreign countries that do business with those affiliates. (3) the cooperation agreements between financial and capital market Commission and the President of the foreign institutions may include provisions on the following issues: 1) the exchange of information needed to prepare and maintain settlement plans; 2 consultation and cooperation) relief plan for the development and implementation of similar powers in accordance with the relevant foreign laws or regulations; 3) the exchange of information necessary for the application of measures and implement the settlement of rights and similar rights under foreign laws or regulations; 4) early intervention measures or consultation prior to any significant transactions in accordance with this Act or foreign laws or regulations that affect the authority or the group to which the agreement relates; 5) public information coordination of joint relief operations; 6) procedures and arrangements for the exchange of information and cooperation, including crisis management, the establishment and operation of the group. (4) this article shall not prejudice the financial and capital market Commission's right to enter into bilateral or multilateral agreements with foreign States in accordance with Regulation No. 1093/2010 article 33. (5) the financial and capital market Commission shall notify the European banking authority of each cooperation agreement which it has concluded pursuant to this article. 120. article. (1) the financial and capital market Commission and the Ministry of Finance shall exchange limited availability information, including on the action plan for the recovery, with the relevant national institutions settlement abroad only if the following conditions are met: 1) for settlement of foreign institutions responsible for national laws define the restricted access information non-disclosure requirements that are equivalent to the requirements set out in this Act; 2) limited availability information on the processing of personal data, including data transfer to a foreign institution, in accordance with the Republic of Latvia a person processing regulatory law; 3) information is required to comply with the settlement of the responsible foreign State institutions function, which is equivalent to the President of the authority in this Act design. (2) the financial and capital market Commission may disclose received from other Member States limited the availability of information about the settlement of the responsible foreign government institutions only in the following cases: 1), the institution of the Member State from which the information was obtained consents to such disclosure; 2) information is disclosed only for the purposes for which we have agreed, the institution of the Member State from which information is obtained. NodaļaNoregulējum financing mechanism XIX 121. article. (1) the financial and capital market Commission ensures the accumulation of assets in the Fund, the interlocutory relief fund management and relief fund under the second part of this article, the objectives set. The President of the Fund is entitled to decide financial and capital market Commission. (2) the President of the Fund is to be used, to ensure the effective application of the application of the following objectives: 1) guaranteed adjustable body, its subsidiary, the provisional authority or the asset management company's assets or liabilities; 2) make loans to its authority, its subsidiary, the provisional authority or the asset management company; 3) buy adjustable body assets; 4) to finance the interim authority and the asset management company; 5) in accordance with the procedure laid down in this Act to provide benefits to shareholders and persons who belong to other proprietary tools or vendors; 6) to fund the authority if its financial and capital market Commission under this Act has made a decision to turn off or partly exclude from the write-off or conversion rights on specific undertakings; 7) provide loans to other Member States ' financial management mechanisms. (3) the President of the Fund shall be used in the second part of these objectives, the implementation of the company's sales. (4) the President of the Fund are not used to cover the authorities or public rekapitalizēt such losses or body or the public. If the President of the Fund for the purposes laid down in this article is causing injury to the authority or the financial community, 56 of this law apply, and article 57 of the application specified in the conditions of use of the Fund. 122. article. (1) the financial and capital market Commission ensures that by 2024 December 31 Relief Fund targets of at least 1 percent of all the institutions cover the deposits. Payment adjustment fund ceases to do when you reach its fundraising targets. (2) payments to achieve the targets of the Foundation determines the settlement aligned over the years, taking into account the fluctuations in economic activity, as well as the impact on the payments the sponsoring institutions financial situation can cause changes to the payment according to the results of economic fluctuations. (3) after the relief fund has reached the targets of funds and payment has been made from the Fund, which resulted in the available financial resources have declined to less than 0.67 percent of targets, financial and capital market Commission settlement payments the Fund determines the extent to the first paragraph of this article repeatedly reach the targets no longer than six years. (4) payment by each institution is determined in proportion to the amount of its liabilities (excluding capital), reduced by a cover the deposits, taking into account the total commitment of all institutions (except the capital), which reduced by all the institutions cover the deposits. This payment shall be adjusted, taking into account the risk profile of the institutions. (5) the President of the Fund for payments made in accordance with the delegation of the Commission of 21 October 2014 in Regulation (EU) No 2015/63, supplementing the directive of the European Parliament and of the Council of the EU of 2014/59/as regards the ex-ante contributions funding mechanisms in the settlement. (6) the President of the Foundation of existing financial resources may include payment obligations of the institutions no more than 30 percent of the total amount of the funds available in the Fund. (7) If the President of the Fund, financial resources available are not sufficient to cover its losses, costs, or other expenses incurred by using this Fund to make additional payments to the authority. Additional payments to the authority shall be determined in accordance with the fourth paragraph of this article. (8) additional payment amount may not exceed the prescribed annuity triple. (9) the financial and capital market Commission may authorize totally or partially suspend the authority of the President of the additional payments if the Fund, it is necessary to protect the institution's financial position. Such exemption shall be granted for a maximum period of six months and can be renewed at the request of the authority. Deferred payment authority when such payment is no longer a threat to its liquidity or solvency. (10) the Authority's duties relief fund to be included in the Authority's expenses. 123. article. Financial and capital market Commission is entitled to use alternative sources of financing and to conclude agreements on loans or other aid to institutions, financial institutions or other third parties, if the settlement fund is not immediately available or not sufficient to cover the losses, costs, or other expenses incurred by using this Fund, or additional payments are not immediately available or not enough. 124. article. Financial and capital market Commission You can ask for a loan from another Member State measures financing mechanisms, if: 1) Relief Fund will not have sufficient funds to cover losses, costs, or other expenses incurred by using this Fund; 2) additional payments are not immediately available; 3 alternative financing) is not available. 125. article. (1) with the permission of the Ministry of finance and capital market Commission is entitled in order to lend urgency to the relief fund for relief of other Member States, funding mechanisms. (2) the financial and capital market Commission shall decide on the loan interest rate, repayment terms and other terms of the loan agreement with the participating Member States, previously President of funding mechanisms which intend to take part in the first paragraph in that loan. The President of all the participating Member States financing facility loan has the same interest rate, the repayment term and other terms, unless all Member States involved in the settlement funding mechanisms do not agree otherwise. (3) if the financial and capital market Commission lends Relief Fund for relief of other Member States, funding mechanisms, the loan amount is proportional to cover deposits around the Republic of Latvia, taking into account the total amount of the deposit to cover the settlement involved funding mechanisms in the Member States. The above loan amount can be changed by agreement between all those involved in settlement of financing mechanisms. (4) loan relief in another Member State funding mechanism considered the President of the Fund's assets, and it is included in the relief fund targets. Article 126. (1) if the financial and capital market Commission are group-level relief authority, that after consultation with the institutions in the Group settlement institutions, if necessary, before the settlement transaction is expressed in a proposal relating to the Group's financing plan as part of the settlement plan of the group. On the Group's financing plan agreed in accordance with the procedure laid down in this Act. (2) the financing plan of the Group include: 1) assessment of the Group companies concerned; 2) losses that each participating group companies recognize the moment when the President of the applied tools; 3) for each of the participating groups in society — the shareholders and creditors of each of the categories of potential losses; 4) deposit guarantee fund payments in; 5) total funding required from Member States ' settlement funding mechanisms and funding objectives and types; 6 calculation of amount) by everyone from the President of the national financing mechanisms, in which the participating companies of the group, the President of the Group's funding contribution to get this part, paragraph 5 of the total required funding; 7) amount that everyone from the President of the national financing mechanisms, in which the participating companies of the group, the President of the Group's funding contribution, and this duty; 8) the amount of the loan, which will get the President of the national financing mechanisms, in which the participating group companies; 9) the period within which Member States can use the relief funding mechanisms, in which the participating group companies, with the possibility, if necessary, extend that period. (3) If a financing plan is not otherwise specified, through the application of each of the Member States for the financing of the contribution, the financial and capital market Commission shall take into account: 1) group risk weighted assets, what is the proportion of institutions and financial companies, which are registered in the appropriate financing mechanism for the application in the Member State; 2 the proportion of active group) in assets to the authorities and financial companies, which are registered in the appropriate financing mechanism for the application in the Member State; 3 the proportion of losses) which requires the President of the group in the Group companies, which monitor the funding mechanisms for the settlement of the responsible authority; 4 the group financing resources) the proportion, in accordance with the financing plan is intended to provide a direct contribution to the Group of companies established in the relevant settlement funding mechanisms in the Member State. (4) in order to ensure the financing of the group, the President of the Fund may conclude agreements for a loan or other financial instruments. (5) Relief Fund can guarantee the loan, for which the other group relief funding mechanism have contracted under the fourth part of this article. (6) the financial and capital market Commission ensures that all revenues arising from the use of the Group's funding mechanisms, are assigned to the President of the funding mechanisms of the Member States, taking into account the adjustment to the financing of payments. Article 127. (1) if the financial and capital market Commission carried out relief activities, while ensuring that depositors are free from their deposits, the deposit guarantee fund can make payments amounting to: 1) where internal instrument — the recapitalisation amount would be scrapped due to cover the deposits to cover losses if the Authority cover the deposits would be subject to the internal application of the instrument and the recapitalisation would be written off to the same extent as the commitment with the same level of priority in insolvency proceedings; 2) if one or more adjustment tools that are not internal instrument for recapitalisation the depositor losses amount to cover the deposits belong if these depositors would have suffered losses in proportion to the losses incurred by creditors, which is associated with the same level of priority in insolvency proceedings. (2) deposit guarantee fund participation in financing the settlement may not exceed the loss which the deposit guarantee fund would have incurred adjustable in the event of the insolvency of the institution. (3) where an internal instrument of the recapitalisation of the deposit guarantee fund shall not take any payments to cover the bodies or institutions of the provisional rekapitalizēšan. (4) if it is established that the deposit guarantee fund for payment settlement has been larger than the net loss by the deposit guarantee fund to be created by an institution to winding-up, the deposit guarantee fund is entitled to reimbursement of the cost of the relief fund. (5) the financial and capital market Commission ensures that the first paragraph of this article, the deposit guarantee fund commitment stems from the assessment, prepared in accordance with this law, (VIII) the provisions of chapter. (6) payments arising from the first part of this article undertakings referred to make money. Then, when from the deposit guarantee fund payments have been made for the operation of the Authority's President, financial and capital market Commission, the amount of these payments is a right of action against the authority. Recourse procedures for funds in favour of a deposit guarantee fund. (7) If the relevant authorities of its deposits are transferred to another company, using the company's sales tools or instruments of the provisional institutions, depositors have no claims against the deposit guarantee fund in connection with adjustable body remaining deposits, which were not released, on condition that the deposit amount is at least equal to the total amount of remuneration guaranteed. NodaļaAtbildīb XX Article 128. Financial and capital market Commission or its authorised representative has the right to require the authority and the financial community and get information from them, to carry out on-the-spot checks, get acquainted with the documentation and request explanations necessary to monitor compliance with this law. 129. article. About this law, 5., 7., 12, 30 and a breach of article 103 of the financial and capital market Commission is entitled to apply the following sanctions: 1) give public notice indicating the responsible individual, institution, finance company, established in the Republic of Latvia in the European Union's parent company or other legal person and the nature of the infringement; 2), issue an order requiring an infringement to the natural or legal person responsible for interrupting such action and refrain from repeating them; 3) fix the provisional prohibition of the duties of the public authorities or by the Council or the Executive Board or another natural person, who is considered responsible for the infringement; 4) impose a legal person a fine up to 10 percent from the previous fiscal year's net income the amount corresponding to the amount to which, in accordance with Regulation (EC) no 575/2013 is used to calculate the operational risk capital requirements according to the KPI approach. If 10 percent of the previous fiscal year's net income, calculated in accordance with the first sentence of this paragraph, is less than eur 142 300 financial and capital market Commission is entitled to impose a fine of up to 142 300 euro. If the legal person is the parent company of subsidiary company in the previous financial year's net income amount matches the amount in accordance with Regulation (EC) no 575/2013 is used to calculate the operational risk capital requirements in accordance with the fundamentals of the approach based on the extreme parent company in the preceding financial year is reported in the consolidated financial statements; 5) impose for infringement of the responsible natural person a penalty of up to five million euro; 6) impose fines up to earned income as a result of an irregularity or to prevent possible damages to approximately double. 130. article. (1) the financial and capital market Commission information on the penalties imposed on the law and on the basis of issued financial and capital market Commission for infringements of the provisions of the regulations, on its home page on the internet, showing the particulars of the person and of the infringement, as well as the financial and capital market Commission issued the administrative act and the decisions of the appeals ruling. (2) the first paragraph of this article, the information financial and capital market Commission can be made public without identifying the person, if, after the preliminary assessment, finds that the disclosure of personal data for which an appropriate sanction, disproportionate or natural or legal persons data disclosure may endanger the stability of the financial markets can cause disproportionate damage to the parties involved, or criminal proceedings have been initiated. (3) If it is expected that this referred to in the second subparagraph of article conditions within a reasonable time will cease, in the first paragraph, disclosure of that information may be postponed to the following period. (4) in accordance with the procedure laid down in this article, the financial and capital market Commission website contains internet information is available for a period of five years from the date of insertion. (5) the financial and capital market Commission shall inform the European banking authority of personal sanctions. 131. article. (1) the financial and capital market Commission issued administrative appeal Act shall not suspend its activity. Financial and capital market Commission administrative act concerning crisis management measures are immediately enforceable. (2) the financial and capital market Commission's administrative appeal to the administrative court. The administrative district court case. (3) the applicant shall indicate the grounds for the application. The burden of proof is participants of the administrative procedure. (4) For the regional administrative court ruling may submit an appeal in cassation. The Supreme Court case. (5) the Court (judge's) decision that is taken in carrying out procedural actions or of the application submitted to the proposed proceedings are not open to appeal. (6) If the law says any procedural actions enforcement period, but by following the relevant procedural act within this time limit, does not meet the second and fourth parts of the conditions, the judge (Court) determines the appropriate term for the execution of procedural acts. (7) the financial and capital market Commission issued the administrative act of crisis management measures in order to protect any withdrawal of third party interests acquired in good faith in its institutions or other proprietary tools, assets, rights and obligations, without prejudice to the financial and capital market Commission decisions and perform the actual operation that was targeted to cancel the decision. Financial and capital market Commission is responsible for damage caused by an administrative act be repealed. Transitional provisions with the entry into force of this Act invalidates a takeover of the Bank Act (the Latvian journal, 2008, no. 202). Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council on 2014 15 may 2014/59/EU directive establishing prudential supervision of credit institutions and investment brokerage company and President of the recovery mode and amending Council Directive 82/891/EEC and European Parliament and Council Directive 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC 2007/36/EC/35/EU in 2011, 2012 and 2013 EU//30/36/EU and European Parliament and Council Regulation (EC) no 1093/2010 and (EU) No. 648/2012 (Text with EEA relevance). The law in the Parliament adopted 18 June 2015. The President a. Smith in 2015 on July 2.