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Amendment Of Public People And Shares In Capital Companies Management Act

Original Language Title: Grozījumi Publiskas personas kapitāla daļu un kapitālsabiedrību pārvaldības likumā

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The Saeima has adopted and the President promulgated the following laws: the public people's capital shares and enterprises management in the law to make public a person's capital shares and enterprises Management Act (Latvian journal, 2014, 216. no) the following amendments: 1. Replace article 8, paragraph 5 of the first paragraph, the words "independent Corporation Board and Board members the remuneration of the month" by the words "independent Corporation Board, and the number of Council members, the remuneration of the month". 2. Replace article 15 the third paragraph, the word "State" with the words "derived public persons". 3. in article 22, second paragraph: make paragraph 4 by the following: "4) organize their public persons and public entities a corporation controlled the Corporation Board and Council members, officers and employees, as well as a public person's shareholders and officials training on corporate governance matters to the job responsibilities associated with the public person part of the capital management issues;" Replace paragraph 5, the words "State-owned assets" with the words "public corporation and the national capital the previous year"; Add to part with 7.1 points as follows: ' 71) cooperate with other public administrations, NGOs and international institutions the Corporation and capital management; ". 4. Turn article 23, first paragraph, point 3. 5. Make the article 24 as follows: "article 24. The Steering Body Council (1) in order to ensure effective public corporation of persons and capital management, Cabinet creates coordination bodies of the Council.
(2) the Coordination Council is a collegial institution institution: 1) appearance and prior to approval under the guidelines drawn up by the steering body of the projects of the capital of public persons in the field of management; 2 assess the coordination bodies) opinion on this law a corporation referred to in article 26 of the medium-term strategy of the project if public shareholders or the Board of the Corporation (if any) does not agree with the opinion drawn up by the Steering Body and the public shareholders or corporations the Council is asked to consider the issue of the Coordination Council of the institution; 3 the appearance of coordination bodies) opinion on this law, article 26 of the sixth part of a corporation where the public shareholders or the Board of the Corporation (if any) does not agree with the opinion drawn up by the Steering Body and the public shareholders or corporations the Council is asked to consider the issue of the Coordination Council of the institution, and give the public shareholders or the public corporations to the Council assessment of that opinion; 4) provide proposals for the Steering Body for the other persons public capital management related issues. (3) the Statute of the Council of the Steering Body and approved by the personnel Cabinet. The coordination bodies of the members of the Council on the work of the Council shall not receive remuneration. " 6. in article 26: to complement the fourth subparagraph with the sentence the following wording: "opinion on the medium-term strategy for the coordination of the activities of the institution provides three months of its receipt." to make the seventh subparagraph by the following: "(7) the Steering Body assesses the sixth part of this article that the impact on the Corporation's business value and financial objectives by assessing the intended decision risks or benefits, long-term costs and alternatives, as well as the appropriateness of the transaction."; make the eleventh subparagraph by the following: "(11) the industry Ministry, the Steering Body and the steering body of the Council, in accordance with the procedure laid down in this Act shall provide an opinion to the national or the holder of shares a corporation of the Council of State (if any), are responsible for rating them."; to supplement the article with the thirteenth and fourteenth part as follows: "(13) public shareholders or the Board of the Corporation (if any) the approved Corporation's medium-term operational strategy, forward to the coordination body. (14) the Steering Body will send the public shareholders or the public Council of the Corporation (if any) coordination institutions Council rating, if it passed this law, article 24 of the second subparagraph of paragraph 2 and 3. " 7. Turn off article 27, third paragraph, the words "as well as proposals for future action". 8. Put the name of article 28 by the following: ' article 28. Predictable dividends and profit share payable procedures for the determination of the public corporation and private corporation to the public, in which the State is a member (shareholder) ". 9. Replace article 37 in the fifth paragraph, the word "State" with the words "derived public persons". 10. in article 58: replace the first subparagraph of paragraph 1, "a" in the word "flow" with the words "flow"; make the first part of paragraph 2 as follows: "2) corporations upon reports: a) a sworn auditor examine the interim report on the three, six, nine and twelve months (two months after the end of the reporting period), (b) a sworn auditor check) annual report (five months after the end of the reference year);" to make the fourth subparagraph by the following: "(4) of the first subparagraph of paragraph 2," a "referred to in the interim report shall be drawn up in accordance with the laws and regulations governing the preparation of the annual report and shall include: 1) interim financial statements, consisting of the balance sheet, income statement, statement of changes in equity, cash flow statement of interim and attachment. The annex provides information that supports the interim reporting comparability with the previous year's relevant period, as well as sufficient information and explanations to the interim financial report the user can get a true and clear picture of all the critical changes in the balance sheet and income statement items and the development of a capital company; 2) interim management report, which provides information on significant events during the period from the beginning of the financial year up to the date of the report and their impact on the interim financial statements, a description of the main risks and indicates them in the next financial year months possible uncertain circumstances under which the Corporation could face and which could affect its financial position and financial performance; 3) statement of management responsibility, which shall be prepared in addition to the requirements laid down in the law on the preparation of the annual report. The notice indicates that, based on the Corporation's Board, the information of the interim financial statements are prepared in accordance with applicable laws and requirements and give a true and fair view of the Group's capital and consolidation of assets, liabilities, financial position and profit or loss, and that the interim management report contains false information. " 11. Article 79: make the fourth sentence of the fourth paragraph as follows: "the Board members the remuneration of the month for all the members of the Management Board's term of Office with the right to review it once a year."; turn off the fifth sentence of the fourth subparagraph; Add to sixth with the sentence as follows: "If the contract does not mandate tacitly and revocation of insurance benefits, it does not grant."; to make the seventh subparagraph by the following: "(7) the Board may pay the bonus once a year after approval of the annual report. The bonus may not exceed the Corporation's Board members the remuneration of about two months. In setting the premium takes account of the following criteria: 1) of the performance of the Corporation for the preceding financial year; 2) medium-term business strategy execution and performance of the Corporation in accordance with the defined financial and non-financial objectives; 3) Executive Board members performance in the previous year. " 12. Article 117: express first and second subparagraph by the following: "(1) the monthly remuneration of the Management Board shall determine, subject to the provisions of the Cabinet to the monthly maximum amount of remuneration. The Cabinet of Ministers determines the members of the Board of the remuneration of the month maximum amount, taking into account the average remuneration of similar size (net change, balance sheet total, the number of employees) in the private sector corporation or, in certain cases, the industry in which the Corporation operates. The members of the Board of the remuneration of the month maximum amount shall in no case exceed the Central Administration of statistics official statistics notification for the published State workers the previous year's average monthly wage is rounded to full euro and with a coefficient 10. Board members the remuneration of the month for all the members of the Management Board's term of Office with the right to review it once a year. (2) the Board may pay the bonus once a year after approval of the annual report. The bonus may not exceed the Corporation's Board members the remuneration of about two months. In setting the premium takes account of the following criteria: 1) the Corporation's performance in the previous reporting year; 2) medium-term business strategy execution and performance of the Corporation in accordance with the defined financial and non-financial objectives; 3) Executive Board members performance in the previous year. "; supplemented with the sentence of the third paragraph as follows: "If the contract does not mandate tacitly and revocation of insurance benefits, it does not grant." 13. Make 140. the first paragraph by the following: "(1) the public people selling the shares in the original value (original value) shall be determined as follows: 1) if the shares are sold, the value of which, determined by the equity method (in accordance with the last audited annual report), of less than 15 000 euros, the original value shall be determined by the seller of the shares in the equity method or the application of this part of the conditions referred to in paragraph 3; 2) if shares are sold within the publicly traded, public people's Supreme decision-making body, by adopting this law, article 9 of the decision provided for in the first subparagraph, shall be determined on the initial value of the order; 3) in other cases, the initial value is determined by the independent appraiser certified in accordance with the accepted standards of valuation. " 141. Article 14, first paragraph: replace the words "in paragraph 2, the first assessment" with the words "original value"; make paragraph 4 by the following: "4) details of the participants (shareholders) of the pre-emptive rights to the shares to be sold and how to use them;". 15. in article 143: make the first paragraph by the following: "(1) a public sale of personal capital funds obtained as a result of including the public budget of the person, except in the third paragraph of this article, certain deductions."; to supplement the article with the third part as follows: "(3) the cabinet shall determine the amount of the deduction by the State Corporation receives from the sale of State shares in the revenue if it is part of the national capital transfer to requesting institution." 16. transitional provisions: replace paragraph 2 in the number 2 and the words "1 July" with a number and the word "October 1"; Add to subparagraph 2 of paragraph 2, with the "g" section as follows: "(g) the amount of deduction) is determined by the receiving country Corporation requesting institution as transfer of State shares sale of revenue (this law 143. the third part of the article)."; Add to paragraph 2 to paragraph 3 by the following: "3) until 2015 September 1 approved this law, article 24, third subparagraph, the Coordination Council of the Statute of the institution and personnel."; excluded in paragraph 3, the words "and social"; 5. replace the introductory paragraph of point number and the words "1 September" with a number and the word "1 December"; make paragraph 9 by the following: "9. the coordination body to 2015 December 1, draw up and submit to the Cabinet of Ministers and the Saeima centralised public review of State enterprises and the State capital of 2014." make 14 the following: "14. public entity shall ensure that by 2016 January 1:1) and a public person in private corporations in the public corporation, and the Corporation in which the person is a public Corporation acquired all of the capital or of the voting shares, Board and Council members meet the Cabinet regulations; 2) public entities the statutes of the Corporation comply with the model statutes, drawn up and approved in accordance with article 46 of this law, the second subparagraph. "; Express 17 the following: "17 to this law, the date of entry into force of the contracts concluded with the members of the Management Board members of the Board shall remain in force until the expiration of the term set out in the articles of the Corporation, which the members of the Board were in force at the time of the election." transitional provisions be supplemented with 19, 20, 21, 22 and 23 of the following paragraph: "19. public entities a corporation and private corporation to the public in accordance with article 57 of this law establish a medium-term industrial strategy until 30 March 2016. The opinion of the coordination body launched on crucial State affect the existing operation of the medium-term capital company strategies developed, starting with January 1, 2016. 20. the medium-term strategy for the approval of the activities of the Corporation shall be assessed in accordance with predefined objectives, planned activities and financial indicators (27 and 34 of this law). 21. Article 29 of this law provided for in the first subparagraph, the coordination body of information public until 30 March 2016. 22. The Steering Body in accordance with article 31 of this law a fifth of representatives nominated by the Commission for participation in the nominations, starting with the 1 august 2015. 23. the coordination body in accordance with article 32 of this law to provide opinions, starting with the 2016 January 1. " The law shall enter into force on the day following its promulgation. The law in the Parliament adopted 18 June 2015. The President a. Smith in 2015 on July 2.