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The Amendments To The Law On Credit Institutions

Original Language Title: Grozījumi Kredītiestāžu likumā

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The Saeima has adopted and the President promulgated the following laws: the law of credit institutions to make the law of credit institutions (the Parliament of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, nr. 23; 1996, 9, 14, 23 no; 1997, no. 23; 1998; 2000, no. 13, no. 13; 2002, 10, 23; 2003, nr. 14. No; 2004, 2, 12, No 23; 2005, 13, 14; 2006, no no 15) follows: 1. Article 1 4. point to make: "b" in subparagraph by the following: "(b)) lending;" Supplement point 4 with the "b1" section as follows: b1) "capital lease"; to make the "e" paragraph 4 subparagraph by the following: "e) trading in or on behalf of a client with currency or financial instruments;" make paragraph 5 by the following: "5) credit: a transaction in which the remuneration of the bank to the written contract shall transfer to the customer the money or other things and which obliges the client to a specific time and in order to give back the money to the bank or other things;" make point 7 by the following: ' 7) equity capital — credit institutions audited financial statements reflect capital, reserves and liabilities elements that are freely available to the credit institution with normal operational risks associated, but not yet identified potential losses; " turn off paragraph 8; make the following paragraph 11: "11) subsidiary company — company, which is controlled by another company. Any subsidiary of a subsidiary shall be deemed the original origin of the parent subsidiary; "; Add to article 11.1, 11.2, 11.3, with 11.4, 11.5 and 11.6 points as follows: "the Member States of the parent credit institution 111) — credit institutions established in a Member State, which has a subsidiary company, credit institution or financial institution, or participation in a credit institution or financial institution, but which itself is not different in this Member State of the subsidiary credit institution licensed or registered in that Member State financial holding subsidiary company; 112) Member State financial holding company of the mother — the financial holding company registered in a Member State, which is not licensed in that Member State of a credit institution subsidiary in that Member State or of another financial holding company established subsidiary company; 113) the European Union institution, the Member State of the mother parent credit institution which is not licensed in any other Member State of the subsidiary credit institution or any financial holding company established in a Member State of the subsidiary; 114) the mother's financial holding company — the parent financial holding company in a Member State who is not licensed in any Member State of the subsidiary credit institution or in any other Member State financial holding subsidiary company; 115) of the Republic of Latvia: the parent credit institution registered in Latvia a credit institution which has a subsidiary company, credit institution or financial institution, or participation in a credit institution or financial institution, but which are not registered in the Republic of Latvia of the other credit institution subsidiary or registered in the Republic of Latvia on financial holding company subsidiary; 116) of the Republic of Latvia: the parent financial holding company registered in the Republic of Latvia on financial holding company, which is registered in the Republic of Latvia, a subsidiary of a credit institution or other registered in Latvia's financial holding company subsidiary; "; turn off paragraph 13; Add to article 15.1 points as follows: "151) presence — the right to the shares in the company (regardless of whether the law is documented or not) that when you create a long lasting relationship with this company, used to participate in its management, whether directly or indirectly for participation, which covers 20 percent of the company and more of the share capital or voting shares;"; to make the "a" in paragraph 18, subparagraph by the following: "(a)) which form the credit institution one single risk because one of them directly or indirectly controls another person or other persons, except persons directly or indirectly controlled by another person or other persons, the Member States, the Organisation for economic cooperation and development countries and the Member States ' authorities"; make a point 19 "b" in subparagraph by the following: "(b)) bank subsidiaries and companies in which the bank has a presence,"; turn 35, the words "by the financial and capital market Commission recommendation"; Replace in paragraph 37 of the abbreviation "Unitroi" with the abbreviation "UNIDROIT"; to make the paragraph 40 point "a" the following: "(a)) in the form of membership"; to supplement the article with 56, 57 and 58 of the following paragraph: "56) foreign exchange — any State except the Republic of Latvia, the currency; 57) recoverable value reduction of risk — the risk that the customer purchased a debt may decrease in money or other form of credit granted to the customer; 58) certificate — the State Agency "insolvency administration" issued a document that certifies an individual's professional competence to perform the duties of the insolvency administrator. " 2. Make article 3 first paragraph as follows: "(1) in the Republic of Latvia the right to carry out the activities of the credit institution is registered in a Member State, the credit institution or branch of a foreign credit institution branch office." 3. To make article 6 by the following: "article 6. (1) a foreign credit institution founding the branch, operation, reorganisation and liquidation is regulated by this law, with the exception of its article 27, paragraph 5, 35, 39, 40, 42, 43, 49, 51, 57, paragraph 1 of article 58, 59, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 89, 90, 94, 113, 109, 114, 115, 116, 117, 118, 121, 125, 126 of the first paragraph of article 1 and paragraph 3 , 127, 128, 129. the second paragraph of article 137, 138, 140, 141,., 142, 143, 144, 145, 149, 152, 170, 172, 173, 174, 175, 176., 177, 184, 185, 188, 189.. and article 190, as well as other laws. (2) electronic money institutions, which under this Act is not required to receive a license (permission) to initiate their activity is not bound by this law, the first paragraph of article 7, article 8, second paragraph 10.1, 12, 12.2, 12.3, 13, 16, 17, 19, 20, 21, 24, 25, 26, 28, 29, 31, 32, 30.1, 33, 33.1, 33.2, 35.2 36.3 36.4 21.2,,,, 39, 40, 42, 43, 44, 49, 50, 50.8 , 50.9, 55, 57, 58, 59, article 74.1 and VI, VII, VIII, IX, X, XI, XII, XIII, XIV and XVI chapter requirements. (3) registered in another Member State of the credit institution, entitled to provide financial services in the Republic of Latvia, are binding on Latvia The Republic laws on the provision of statistical information and the protection of the public interest, as well as this law 12.1, 37, 95, 96 and article 97, chapter V, article XVI, 108.1 and Department requirements. " 4. Supplement article 7, first subparagraph, after the words "orders" with the words "disclosure". 5. in article 9: replace the first subparagraph of paragraph 2, the words "Member States" with the words "in another Member State"; Replace paragraph 3 of the second paragraph, the words ' the Member State "by the words" in another Member State "; Add to article 2.1 part as follows: "(21) financial and capital market Commission to provide registered in another Member State by a credit institution to use the express company in Latvia, may require that credit institution branch in the Republic of Latvia, the firm would be supplemented with explanatory information."; make the third paragraph as follows: "(3) in the Republic of Latvia only registered banks and foreign bank branches, as well as other member banks and their affiliates, in accordance with the procedure laid down in this Act initiated the provision of financial services in the territory of the Republic of Latvia, allowed to announce a deposit and other reimbursable funds and accept it."; express the fifth and sixth the following: "(5) the only institutions allowed to skip and serve non-cash means of payment. Electronic money institutions, which under this Act is not to receive the licence (permit) its activities must not skip and serve non-cash means of payment, except for electronic money. (6) an electronic money institution that: 1) received by the financial and capital market Commission license (permission), may not provide financial services (also issue loans) or other commercial activities other than issuance of electronic money or means of payment associated with it service; 2) their activities are entitled to make, without receiving a license (permission), may not provide financial services (also to issue credits), not the issuance of electronic money or with the sais clouded tender service. "; off the seventh paragraph, the words "financial and capital market Commission licensed". 6. in article 10.1: make the second and the third part as follows: "(2) for the purposes of this law, outsourcing is a service that meets the following characteristics: 1) a credit institution shall provide it outsourcing provider, which has not received the relevant supervisory bodies of the Member State license (permission) for providing a specific service; 2) it means one of the following services: (a) the credit institution's accounting), information technology or management system or the development of internal control systems, internal audit service duties, b) credit institutions or financial services an essential element. (3) the credit institution's internal audit duties can be delegated only sworn auditor, certified auditor of the company or a credit institution, the parent credit institution established in a Member State. "; to complement the fourth part with point 3 by the following: "3) investment services and investment for the provision of additional services." 7. in article 11: turn off the second part; off in the third paragraph, the words "which intends to issue electronic money in such an amount that exceeded the total amount of five million euros equivalent in lats"; turn off the fourth. 8. To supplement the law with article 11.1 of the following: ' article 11.1. (1) an electronic money institution is not required to receive the financial and capital market Commission issued a license (permit) and its activities in the Republic of Latvia has the right to start after the registration the business, if its on the planned start-up of the Bank of Latvia has been informed, and there is at least one of the following conditions: 1) electronic money institutions total planned financial obligations to debt holders of electronic money shall not exceed five million euros equivalent in lats and an electronic money institution, they at no time does not exceed six million euros equivalent in lats; 2) electronic money electronic money issued by the institution is accepted as payment of its subsidiary which perform operational or other ancillary functions related to electronic money institutions electronic money issued or distributed, or its parent company or parent company of such other subsidiaries; 3) electronic money electronic money issued by the institution is accepted as payment only by a limited range of the economic operator, which represents the common areas or those with close financial or business relationship with the issuers of electronic money as a common product or service marketing or distribution scheme. (2) the first paragraph of this article, in the electronic money institution shall ensure that: 1) electronic money issued by them in the (media) accumulated in electronic money does not exceed 150 euros equivalent in lats; 2) computer memory electronic money products are mutually separated, individually identifiable and not authorized for each feature of the action to be taken, it would not be possible to use one payment or a transfer of funds. " 9. in article 12.1: replace the introductory part of the first subparagraph, the words ' the Member State "by the words" in another Member State "; replace the first subparagraph of paragraph 2, the word "foreign" with the words "Member States"; replace the second paragraph, the words "Member States" with the words "in another Member State"; to make the fourth subparagraph by the following: "(4) Other credit institutions established in a member 30 days after it submitted its national supervisory authority concerned, the statement on the provision of financial services in the Republic of Latvia started the provision of financial services in the Republic of Latvia, without opening the branch."; replace the fifth part, the word "State" with the word "Member" and the word "Latvia"-with the words "the Republic of Latvia". 10. in article 12.2: replace the first and second paragraph, the words ' the Member State ' (the fold) with the words "another" (fold); to complement the fourth paragraph after the words "the opening of the branch" with the word "other"; turn off the sixth; to complement the seventh subparagraph following the words "initiated operations" with the word "other"; Add to article 8.1 part as follows: "(81), independently of the established in another Member State on the number of its branches are considered one branch in the Member State concerned."; turn off the ninth. 11. in article 7.6: Add to the first paragraph, after the words "provision of services" with the word "other"; to complement the second paragraph after the words "service the provision "by" other "; to complement the second paragraph after the words "credit institution" with the word "to"; adding to the third paragraph after the words "provision of services" with the word "other". 12. Article 12.4: replace the introductory part of the first paragraph and the second paragraph, the words ' the Member State ' (the fold) with the words "another" (fold); replace the fourth subparagraph, the words ' the Member State "by the words" in another Member State "; replace the fifth and sixth paragraph, the words ' the Member State ' (the fold) with the words "another" (fold). 13. Replace the words "in article 5 in the Member State" by the words "in any other Member State". 14. Express article 15 paragraph 3 by the following: "3) according to the requirements of the law of credit institutions, Council and Board members, the internal audit service and the head of the foreign branch of a credit institution's candidacy. If the internal audit staff responsibilities delegated to the parent company of the credit institution, credit institution established in a Member State, the credit institution founding financial and capital market Commission with the parent company of the original contract. If the internal audit staff responsibilities delegated to the sworn auditor or certified auditor company, founders of the credit institution submitting this law referred to in article 10.1 documents. " 15. Replace 19.1 of the first paragraph of article 1, paragraphs 2 and 3, the words "Member States" with the words "Member State concerned". 16. Add to article 21 of the third part as follows: "(3) a credit institution's equity capital should not be less than the minimum laid down in this article is the initial capital." 17. off article 24, paragraph 1 of the first subparagraph. 18. To supplement the provisions of the third paragraph of article 27.1, after the words "the European Commission of" with the words "the refusal of the Republic of Latvia registered credit institution to open a branch in another Member State, established in another Member State the refusal of the credit institution to open a branch in the Republic of Latvia and". 19. Make 33.1 the first paragraph as follows: "(1) the parties did not directly about the participation in a credit institution shall take account of such persons (hereinafter referred to as a particular person) for voting rights in the credit institution: 1) voting rights which are entitled to use the third person, with which the person concerned has concluded an agreement, obliging you to reconcile the exercise of voting rights and action policies for the long term management of the issuer in question; 2) voting rights which are entitled to use third parties, in accordance with the agreement concluded with the person concerned and provide for the temporary transfer of the voting rights in question; 3) voting rights arising from the shares that a particular person has received as collateral if it can use the voting rights and has expressed its intention to use them; 4) voting rights which are entitled to use a given person for a limited period; 5) voting rights which are entitled to use the specific control of the person or company in which such a company may be used in accordance with this part 1, 2, 3 and 4; 6) voting rights arising from the shares held by the person in question, and that it can use in its sole discretion, in the absence of special instructions; 7) voting rights resulting from the third person and the persons concerned the right to shares held; 8) voting rights held by a person as trustee may realize that it is entitled to exercise the voting rights at its discretion in the absence of specific instructions; 9) voting rights arising from any other indirect way the persons concerned acquired the shares. " 20. To supplement the law with article 34.1 (first instance) by the following: ' article 34.1. Credit institution provides its operational nature, suitable to the size and complexity of a comprehensive and effective internal control system and operation. The internal control system shall include the following basic elements: 1) credit and operational risks the appropriate organizational structure, with respect to the transactions between the credit institution and the control unit and the responsible employees is clear, straightforward and systematic obligations, powers and responsibilities; 2) credit transaction and any risks inherent in the identification, management, monitoring and reporting system; 3) internal control procedures. " 21. Article 35 be expressed as follows: "article 35. (1) the Bank shall provide the same amount of capital, which are always more than or equal to the total of such capital requirements: 1) the credit risk and risk reduction of the recoverable value of the capital requirements. Credit risk capital requirement calculated as 8 per cent of risk-weighted exposures value amount; 2) foreign currency risk and capital requirements for commodities risk capital requirement; 3) debt securities and equity position risk and capital requirements for settlement risk and counterparty risk capital requirements for the trading book and the exposures if it has financial and capital market Commission permission to exceed the limit of large exposures of the trading book exposures, capital requirements for such excess; 4) capital requirements for operational risk. (2) credit risk for calculating capital requirements, the bank may apply a standardized approach or if the financial and capital market Commission, the permissions on the internal ratings based approach. (3) the authorisation to apply a credit risk for calculating capital requirements to the internal ratings based approach, bank account also recoverable impairment risk capital requirements. (4) foreign currency risk capital requirements for commodities risk, the capital requirements, debt securities and equity position risk capital requirement calculation, the bank may apply a standardized approach or if the financial and capital market Commission allows it, — internal models. (5) operational risk capital requirements for the calculation of the bank can apply the KPI approach, standardised approach or if the financial and capital market Commission, permits the alternative standardised approach-or advanced measurement approach for operational risk. (6) the financial and capital market Commission shall be included in the own funds elements and its calculation order. " 22. To supplement the law with 21.8 and 21.9 article as follows: "article 35.1. (1) the Bank of this law, article 35 of the credit risk for calculating capital requirements can be used only on the external credit assessment institutions (rating agency) make credit ratings that financial and capital market Commission as suitable. (2) the financial and capital market Commission evaluate the external credit assessment institutions (rating agency) and appropriate credit risk capital requirements for the determination recognizes that evaluation methodology is an impartial, independent, continuously being reviewed and that the credit assessments meet the requirements of credibility and transparency. (3) the financial and capital market Commission determines the external credit assessment institutions (rating agency) the credit assessment (rating) in compliance with the credit quality step that is used in the credit risk capital requirements. (4) If the competent authority of another Member State is recognised by an external credit assessment institution (rating agency) suitable for your country, the financial and capital market Commission may find it appropriate to those authorities without making its evaluation. If the competent authority of another Member State in their own country have established an external credit assessment institution (rating agency) made on credit rating (rating) in compliance with the credit quality step that is used in the credit risk capital requirements, the financial and capital market Commission may admit it and fix the credit rating institutions concerned (rating agency) make credit rating (rating) to credit quality. (5) the external credit assessment institutions (rating agency) requirements for recognition, financial and capital market Commission and the information to be provided for the consideration of the application procedures determined by the Financial and capital market Commission. Article 35.2. (1) an electronic money institution equity ratio shall not be less than 2 percent against the greater of the following indicators: 1) electronic money institutions present that match the issued electronic money; 2) to the preceding six months ' average of obligations which correspond to the quantity of electronic money issued. (2) an electronic money institution for the first six months of the operation of this institution of the equity commitments corresponding to the electronic money issued for total or the planned six-month relationship, the average value of the amount must not be less than 2 percent. Electronic money institutions total planned commitment, which depends on the quantity of issued electronic money shall be determined in accordance with the electronic money institutions to prepare the operating plan for the first three years of operation. " 23. off 36 and 36.1 article. 24. To supplement the law with article 36.3 36.4 36.2, and by the following: ' article 36.2. (1) in addition to article 35 of this law, the requirements of the bank provides its operation and possible risks inherent to cover sufficient capital, the elements and structure. (2) the Bank is developing its activities in the nature, size and complexity of an appropriate, comprehensive, and effective strategies and procedures and implement ongoing evaluation of capital and capital maintenance of necessary measures. Article 22.6. (1) a credit institution public information of your transaction risk management inherent purposes, methods, and policies, as well as the same capital requirements and capital adequacy. (2) the financial and capital market Commission establishes requirements referred to in the first paragraph of the disclosure of information. Article 22.6. (1) a credit institution, at its request, a company which wishes to receive credit, explains its internal rating basis, if necessary, by providing a written explanation. (2) Explanations shall be prepared, if the cost of producing it is commensurate with the size of the credit. (3) the financial and capital market Commission is entitled to impose requirements to be included in the rating assignment explanation in disclosure of information if the banking sector best practices do not ensure the first part of this article the requirements satisfactory. " 25. Supplement article 37 with 2.1 part as follows: "(21), in cooperation with the Member State authorities supervision of credit institutions in financial and capital market Commission monitors the liquidity requirements of the Republic of Latvia registered bank branches in the Member States and registered in the Member States of the bank branches in the Republic of Latvia." 26. Article 39 be expressed by the following: ' article 39. (1) a credit transaction risk is classified as big if the transaction amount exceeds 10 percent of the equity of a credit institution. (2) a credit institution shall develop reasonable large exposure management and accounting procedures and adequate internal control mechanisms to promptly identify and register all large exposures and subsequent changes to the amounts and monitor these exposures of a credit institution in accordance with the policy on exposure limits. " 27. Make 42 and 43 article as follows: "article 42. The amount of exposures to a single client or group of connected clients must not exceed 25 percent of the credit institution's own funds. Exposure limits exposures are subject to a set of financial and capital market Commission. Financial and capital market Commission is entitled to authorise a large exposure limits for trading book exposures, if a credit institution calculates and observe the additional capital requirements for such excess. 43. article. (1) if the customer (customer related group) is the parent company of the credit institution or a subsidiary company, or one or more of its parent company's subsidiaries, the risk level of transactions with such customers may not exceed 20 percent of the equity of a credit institution. This limitation does not apply to the bank's participation in the share capital of its subsidiary. (2) the level of exposure to people associated with the credit institution may not exceed a total of 15 percent of the equity of a credit institution. This limitation does not apply to the first paragraph of this article the exposures, and to the bank's participation in the share capital of the company in which the bank has a presence. (3) the financial and capital market Commission may authorize not to apply this law 40, 42 and 43 of the first paragraph of article limits exposures to the credit institution subsidiaries, its parent company or subsidiaries of the parent company, if the credit institution and the customer are subject to the consolidated monitoring, carried out by the financial and capital market Commission or another Member State, the supervisory organ or of the supervisory organ of the foreign State in a foreign country where consolidated supervision is carried out in accordance with the same requirements, what are the specific Member States. " 28. To supplement the law with article 45 as follows: "article 45.1. Bank or financial holding company before the acquisition of a foreign company registered in the capital, as a result of the company under this Act will be subject to consolidated supervision, make sure that the bank will be able to receive consolidated the information necessary for the supervision of the company concerned. " 29. off 47., 50.2, 50.4, 50.5, 50.3, 50.6 and 50.7 article. 30. To supplement the law with 50.8 and 50.9 article as follows: "article 50.8. (1) a credit institution comply with this law, 34.1, 35, 40, 42, 43 and 49 article individually. (2) a credit institution which is neither a registered in the Republic of Latvia and the monitoring subject to consolidated parent company and/or its subsidiaries, as well as any credit institution which is not subject to this law, laid down in article 50.9 consolidated monitoring, enforcement of this law, 44 and 45 36.2. Article individually. (3) a credit institution which is neither that of the parent company or subsidiary, as well as any credit institution which is not subject to this law, laid down in article 50.9 consolidated monitoring, enforcement of this law, article 36.3 of the individual. (4) the Republic of Latvia, the parent credit institution subsidiary company may not comply with the requirements of the first subparagraph, if the individual has all the following conditions are met to ensure appropriate allocation of own funds between subsidiaries and the parent company, and the financial and capital market Commission has agreed to: 1) there is no current or foreseen material practical or legal impediment to the parent company could make the prompt transfer of own funds of the subsidiary or subsidiaries to settle obligations; 2) parent company ensures the proper management of the subsidiary and the guarantee of their subsidiaries, or subsidiaries are not significant risks to consolidation at group level; 3) parent company of risk evaluation, measurement and control procedures also apply to subsidiaries; 4) parent company have more than 50 percent of the voting shares of the subsidiary, or parent company has the right to appoint or cancel subsidiaries a majority of the members of the management body. (5) of this article, the exemption referred to in the fourth subparagraph may also be used in the Republic of Latvia on financial holding company parent subsidiary that adhere to this law, the requirements of article 50.9 consolidation at group level, if the financial and capital market Commission would. (6) the order in which the calculated credit institutions referred to in this article to the requirements governing the activities of representative indicators that credit institution respects the individual, as well as the internal control system, with individual events related to the reporting, reporting and submission rules and supervision of credit institutions in the preparation of the information required, and to provide the necessary authorisation procedures shall determine the financial and capital market Commission. Article 50.9. (1) the parent credit institution of the Republic of Latvia follows the law 35, 36.2, 40, 42, 44 and 45. compliance with the requirements of article credit consolidation at group level. (2) a credit institution which is the parent of the Republic of Latvia, the financial holding company's subsidiary company, the first part of the holding company consolidation at group level. (3) in the Republic of Latvia to the European Union established the parent credit institution comply with this law, the requirements of article 36.3 consolidation at group level. The European Union's parent, the credit institution shall be governed by the Republic of Latvia registered subsidiaries that comply with this law, the requirements of article 36.3 individual or sub-group level of consolidation. (4) a credit institution comply with the third paragraph of this article, the requirements for financial holding company consolidation at group level, if the parent company is established in the Republic of Latvia in the European Union the financial holding company of the mother and of the Republic of Latvia registered subsidiaries that comply with this law, the requirements of article 36.3 individually or at the bottom of consolidation at group level. (5) the financial and capital market Commission of Latvia registered a foreign credit institution which is the parent company of subsidiary company may fully or partially exempt from the requirements of article 36.3 of this Act, if the parent company shall ensure that the requirements of article 36.3 of the law the equivalent information. (6) where a credit institution which is the parent of the Republic of Latvia to the Republic of Latvia of the credit institution or a financial holding company parent subsidiary company or its parent holding company of the foreign financial is a subsidiary company, which is a credit institution, financial institution or investment management company, or a membership in this institution or society, such credit institutions followed this law, 35, 36.2, 40, 42, 44 and 45 of the consolidation requirements of article sub level. (7) in this article that the parent company and subsidiaries comply with this law, the requirements of article 34.1 of the consolidation group or subgroup level and ensure that the internal control system is sufficiently consistent and integrated to ensure that all data and information necessary for the preparation of consolidated supervision. (8) the order in which the calculated credit institutions referred to in this article to the requirements governing the activities of representative indicators of the consolidation group or subgroup level, as well as the internal control system, with individual events related to the reporting, reporting and submission rules and supervision of credit institutions in the preparation of the information required, and to provide the necessary authorisation procedures, as well as in the consolidation group or sub-group to be set, the companies consolidation methods and other laws and regulations of the Member States include the consolidation of the different requirements for the inclusion of groups or sub-groups in the calculation of capital requirements determine the financial and capital market Commission. " 31. off article 56. 32. Article 63: make the first part of paragraph 4 and 5 by the following: "4), pre-trial investigation authorities in criminal proceedings, based on the request of the promoters of the process approved by the investigating judge; 5) Prosecutor's Office, the criminal proceedings in the pre-trial, based on the Prosecutor's request is approved by the investigating judge; " turn off the first part of paragraph 11, the word "or" and add to the point after the word "Vice" with the words "territorial authorities or the Director"; in the fourth paragraph, replace the words "Member States" with the words "Member States"; replace the fifth paragraph, the words ' the Member State with the exception of Latvia "with the words" Member States "; turn off the sixth paragraph, the words "the Republic of Latvia". 33. Replace article 39.2 of the second paragraph, the words "cognitive authority" with the words "the authority" of the investigation. 34. in article 72.1: turn off the first part; make the second paragraph as follows: "(2) an electronic money institution during the period of validity (the relevant electronic money issuer) at the customer's request, the customer is obliged to repurchase from the electronic money, electronic money paying face value for the appropriate amount. This service of the electronic money institution may require from the customer a Commission. '; to supplement the article with the third and fourth subparagraph by the following: "(3) between the credit institution and the customer agreement specifies clearly the buy-back of electronic money. No information on electronic money, which is not in accordance with this Act to receive the license, the customer provides free access to electronic cash buy-back provisions, if the nature of the service provided and the reason of the customer are not closed. (4) electronic money buy-back provisions may lay down the minimum amount of atpērkam of electronic money, but it can not exceed 10 euros equivalent in lats. " 35. To complement the chapter V and article 46.2 of the 74.2 as follows: "article 74.2. Credit institution not later than five days after the customer's receipt of the application, inform the financial and capital market Commission of the credit and the customer dispute for non-cash transfer of funds in excess of 200 000 lats. Article 46.2. opening and closing a legal person-resident of the Republic of Latvia, as well as non-resident permanent representation of Latvia in the current account, credit institutions have a duty to the Cabinet in the order and within a time limit to provide the State revenue service has the following information: the name of the customer (business), the unified registration code, demand deposit account number, currency. " 36. Article 86: replace the first paragraph, the words "international standards" auditorpārbaud "Latvia recognized international audit standards"; to supplement the article with the second part as follows: "(2) the financial and capital market Commission is entitled to request the bank to change the examination of the annual report of the designated certified auditor, if the supervision of credit institutions, financial and capital market Commission finds that sworn auditor qualifications or professional experience is not sufficient in quality inspection or have found that the auditor does not comply with Latvia recognised international auditing standards or rules of conduct. The decision taken in the financial and capital market Commission shall inform the Association of Latvian certified auditor. " 37. Article 88: replace the third paragraph, the words "significant effect" with the word "membership"; Add to article 3.1 part as follows: "(31) the financial and capital market Commission is entitled to request from the Chartered Auditors of its tasks and the necessary working documents information."; off in the fourth paragraph, the first word "and" and add the part after "third" with name and number "and 3.1". 38. Replace 99.1 in the second paragraph of article names and number "in Chapter VII of this law" with the words "this Act". 39. To complement the law with 101.3, 101.4, 101.5, 101.6, 101.7, 101.8, 101.9, 101.10, 101.11, 101.12, 101.13, 101.14 and 101.15 article as follows: "article 101.3. (1) the financial and capital market Commission evaluate the credit strategy, procedures and measures it implemented to comply with this law, other laws and the financial and capital market Commission's regulatory rules and order and evaluate credit activity right and possible risks. (2) the financial and capital market Commission determined under the first paragraph of this article assessment and its regularity, depending on the size of the credit institution, the systemic importance of the operation (transaction) volume, diversity and complexity. Financial and capital market Commission not less frequently than once a year, review and update this article in the first part of the assessment referred to in the information. (3) on the basis of the assessment carried out, financial and capital market Commission assess whether credit strategy, procedures and measures to ensure an adequate management of the risks and that the credit institution's equity capital is sufficient for the operation and alleged inherent risk. (4) the first paragraph of this article assessment also includes assumptions about when the credit institution may incur substantial losses not included in the trading book exposure to interest rate risk, and observations on the circumstances under which such losses might arise. (5) the financial and capital market Commission determines the order in which the calculated the economic value of the credit institution are the reduction of sudden and unexpected changes in interest rates. (6) in the fifth paragraph of this article If the calculation shows that the economic value of the credit institution to fall for 20 or more percent of the equity, the credit institution shall take measures to ensure the conformity of the equity trading book exposures not included in the interest rate risk. (7) if the financial and capital market Commission finds that the bank does not comply with this Act, or of article 36.2 39 34.1. the second paragraph of article claims or the bank's own funds are insufficient for the operation or the alleged inherent risk to cover financial and capital market Commission is entitled: 1) fix the obligation to the bank to maintain higher capital levels than those laid down in article 35 of this law; 2) request to the bank to apply special policies or the provision of equity capital requirements resulting in the recognition of assets policy; 3) impose an obligation on the bank to improve its strategy, procedures and measures to be implemented by the bank or 34.1 of this law article 36.2. (8) the financial and capital market Commission's appeal against the administrative act issued in connection with the matters referred to in this article shall not suspend the execution. Article 101.4. (1) the financial and capital market Commission of Latvia made a parent credit institutions or registered in the Republic of Latvia in the European Union of the mother's consolidated supervision of credit institutions the parent credit consolidation at group level. (2) If a credit institution the parent company is the parent of the Republic of Latvia on financial holding company or registered in the Republic of Latvia to the European Union's parent financial holding company, financial and capital market Commission shall carry out such supervision on a consolidated basis of credit institutions, the financial holding company consolidation at group level. (3) If in the Republic of Latvia and at least one credit institution established in a Member State, the subsidiary, the parent company of the same mother, the Republic of Latvia or of the financial holding company registered in the Republic of Latvia in the European Union of the parent financial holding company, financial and capital market Commission carried out such consolidated supervision of credit institutions, the financial holding company's consolidated group level. (4) If in the Republic of Latvia and at least one Member State registered credit institutions the parent is in the Republic of Latvia and at least one financial holding company registered in a Member State and registered in each Member State is also in this institution – subsidiary company financial and capital market Commission carried out supervision on a consolidated basis if the Republic of Latvia registered institution has the largest balance sheet total. (5) If in the Republic of Latvia registered credit institution and at least one Member State of the European Union registered a credit institution the parent company of the same financial holding company that is not registered in the Republic of Latvia, no other Member State, where another credit institution, financial and capital market Commission carried out supervision on a consolidated basis if the Republic of Latvia registered institution has the largest balance sheet total. Such credit shall be regarded as the mother of the European Union financial holding company subsidiaries. (6) specific cases financial and capital market Commission are entitled by mutual agreement with the Member State concerned, the supervisory bodies are not subject to the fourth and fifth paragraphs to be followed, if its application would be inappropriate, taking into account the credit institutions concerned and the relative importance of the different countries, and to propose other, not detectable in the normal manner, determining the supervisory organ of consolidated supervision. Before such a decision of the supervisory authority responsible for consolidation enable the credit institution or a financial holding company or a credit institution, with the largest balance sheet total to comment on the decision. Financial and capital market Commission shall inform the European Commission of this type of agreement and its content. (7) the financial holding company which is the parent company of the credit institution, provided that the credit institution, supervision on a consolidated basis shall be exercised by the financial and capital market Commission, information on their credit and financial institutions, which is a financial holding company or a subsidiary of that holding company is the financial participation. (8) a credit institution, financial holding company consolidated supervision at group level of consolidation does not mean that the financial and capital market Commission individually monitored the financial holding company, but financial holding company ensures that the Republic of Latvia registered financial holding company Chairman of the Board and the members of the Management Board shall meet the same requirements and to apply the same limits for credit institutions to the Chairman of the Management Board and the Executive Board respectively in article 24 of this law in the first and second paragraphs of article 25, first paragraph 1. , point 2 and 3. (9) If a credit institution registered in Latvia is the parent of another Member State or another Member State of the credit institution the parent financial holding company and its subsidiary in that Member State is not included in the consolidation group for the purpose of consolidated supervision, financial and capital market Commission is entitled to request from the Member State concerned of that parent company information required in the Republic of Latvia for monitoring the registered credit institutions. (10) the credit institutions and financial holding company subsidiaries, exempt from inclusion in the consolidation group in accordance with this law, the requirements of article on 101.9 the necessary information, and financial and capital market Commission's request, providing consolidated monitoring information. Financial and capital market Commission may carry out tests or have them carried out, to third parties to verify the of the subsidiary companies of the information received. 101.5 article. (1) in order to ensure the consolidated supervision of the Republic of Latvia to the European Union established in the parent credit institution, a credit institution and which is registered in the Republic of Latvia in the European Union the financial holding company of the parent subsidiary company financial and capital market Commission will plan and coordinate monitoring activities, coordinating the relevant information and dissemination, as well as the Member States involved shall cooperate with the supervisory bodies of credit institutions. (2) if the registered in the Republic of Latvia in the European Union and its parent credit institution subsidiary or registered in the Republic of Latvia in the European Union of the mother's financial holding company and its subsidiaries jointly submitting financial and capital market Commission of the application for authorisation of a credit institution to the internal ratings based approach this law referred to in article 35 the credit risk for calculating capital requirements or develop the operational risk measurement approach, capital requirements for operational risk calculation Financial and capital market Commission shall examine together with all participating Member States ' supervisory bodies, heard the views of all parties involved and decide on the authorisation requested. The application of the information appearing on the document that you want to add, and consideration of the application procedures determined by the Financial and capital market Commission. (3) the financial and capital market Commission under the competency within six months of receipt of the application to which you added the decision required documents, shall take all possible measures, jointly with the participating supervisory bodies shall adopt a reasoned decision on the application for authorization referred to in this decision and shall send the application to the applicant. (4) if the application referred to in the second subparagraph, which accompanied by all required documents, financial and capital market Commission shall immediately forward it to all participating Member States ' supervisory authorities. (5) If all of the supervisory authorities referred to in the third subparagraph the period can take a joint decision, the financial and capital market the Commission. In preparing such a reasoned decision, it is reflected in the rest of the supervisory authorities involved. The decision to send the application to the applicant and the supervisory authorities involved. (6) in the second and fifth paragraphs of that decision is binding on the respective national supervisory authorities. (7) If in the Republic of Latvia, which is a credit institution established in another Member State of the European Union or the parent credit institution the parent European Union financial holding company's subsidiary company, together with the parent company submitted this referred to in the second subparagraph of article submission, financial and capital market Commission with the participating Member States participate in the supervisory bodies of the joint decision making. If six months of joint decision is adopted, the key decision of the parent credit institution supervisory institution and the financial and capital market Commission followed in carrying out the supervision of the credit institution in question. 101.6 article. (1) If the consolidation group which supervision on a consolidated basis shall be exercised by the financial and capital market Commission, there is an emergency situation that may threaten any member of its financial system, in which the Group companies of consolidation, financial and capital market Commission, subject to the availability of limited disclosure rules, immediately warn of emergencies of central banks of the Member States concerned or the other about the monetary system the competent authority responsible for the supervision of credit institutions, as well as , financial institutions, investment firms and insurance companies. (2) Consolidated monitoring required information that is already in another Member State, the supervisory authority, the financial and capital market Commission, if possible, to the relevant supervisory bodies required in order to avoid the need for consolidation of the companies included in the group several times to provide the same information. 101.7 article. (1) in order to ensure effective consolidated supervision, finance and capital market Commission concluded co-operation agreements with the supervisory bodies of companies included in the consolidation group, for which it has responsibility for consolidated supervision. Cooperation agreements in the financial and capital market Commission as responsible for consolidated supervision can take on additional functions, as well as to clarify decision making and cooperation procedures. (2) the registered in the Republic of Latvia and the consolidation of credit institutions in the group, which is the parent of another Member State or another Member State of the credit institution the parent financial holding company subsidiary company financial and capital market Commission may transfer management authority of the Member State concerned in accordance with the mutual agreement. Financial and capital market Commission shall inform the European Commission of such agreement and its content. 101.8 article. (1) in cooperation with another Member State supervisory bodies, the financial and capital market Commission to exchange any information which is essential or relevant for the exercise of consolidated supervision. Financial and capital market Commission, on its own initiative, provide all relevant information and, on request, provide useful information to the supervisory authorities of other Member States. The information is deemed essential for carrying out of consolidated supervision if it can affect another Member State of the credit institution or financial institution operating stability evaluation and include at least the following information: 1) main group included in the consolidation group of credit institutions as well as the structure of the consolidation group of credit institutions included in the supervisory bodies; 2) procedures that significant information from credit institutions, which make up the group, and testing procedures of this information; 3) credit institutions or other group companies of negative developments that may significantly affect the functioning of the credit institution; 4) sanctions and exceptional measures taken by financial and capital market Commission are carried out in accordance with this law, including additional equity requirements and any restrictions developed operational risk measurement approach. (2) the financial and capital market Commission provides all useful information to the other Member States ' supervisory bodies, which are under the jurisdiction of the Republic of Latvia to the European Union established in the parent credit institution subsidiaries registered in the Republic of Latvia and the European Union's parent holding company of the financial subsidiaries. In determining the amount of information useful, take into account the importance of the said subsidiary for the financial systems of the Member State concerned. (3) if the financial and capital market Commission for the supervision of a credit institution which is a Member State of the European Union, another mother of another Member State to a credit institution or an EU parent financial holding company subsidiary, need information about capital requirements for calculation of the approaches, methodologies and procedures for implementing it, which can be a management authority of the Member State concerned shall, if possible, request the following information from the management authority of the Member State. (4) Before other national supervisory functions important for decision-making financial and capital market Commission consult the respective supervisory bodies of the Member States on the following matters: 1) on the changes in the composition of shareholders and the Group of the credit institution or the management of organisational structure which requires supervisory bodies; 2) on sanctions and exceptional measures by the financial and capital market Commission plans to carry out, including additional equity requirements and any restrictions developed operational risk measurement approach. Referred to in this paragraph before the decision making with regard to credit institutions which are parent credit institutions from other Member States or of other Member States, the financial holding company of the mother of the daughter companies, financial and capital market Commission always consult with the management authority of the Member State concerned, responsible for supervision on a consolidated basis. In cases of urgency or where such consultation may jeopardise the effectiveness of the decision, the financial and capital market Commission may not consult with the management authority of the Member State concerned and immediately announce its decision. 101.9 article. (1) If one or more credit institutions is a mixed parent holding company, Financial and capital market Commission, directly or through subsidiaries of credit institutions — — ask for a mixed holding company and its other subsidiaries provide information which is relevant to the subsidiary credit institutions — — supervision. (2) the financial and capital market Commission may carry out tests or have them carried out, to third parties to verify information received from mixed holdings and its subsidiary companies. If a mixed holding company or any of its subsidiaries is an insurance company, you can also use this law in the first part of article 101.12 specific testing procedures. If a mixed holding company or one of its subsidiary companies are registered in another Member State, the information on-the-spot inspection shall be carried out this Act in accordance with the procedure laid down in article 101.13. 101.10 article. (1) a credit institution which is the parent company of a mixed financial holding company, has an obligation to provide financial and capital market Commission information on transactions, which it made with the parent company and its subsidiaries, except for large exposures for which the information in the financial and capital market Commission pursuant to other legislation. (2) a credit institution shall establish appropriate risk management and internal control system, as well as in the development of appropriate accounting procedures in order to properly identify, evaluate, and control of the business with its parent company, which is a mixed financial holding company and a financial holding company that mixed other subsidiary companies. (3) financial and capital market Commission has the right to determine the first paragraph of this article transaction restrictions, if such transactions undermine the financial situation of the credit institution. 101.11 article. (1) the financial and capital market Commission is entitled to request credit institutions, financial institutions, financial holding companies, financial holding companies and mixed their subsidiaries or companies included in the consolidation group or are exempt from inclusion in the information, in accordance with the laws or the financial and capital market Commission and the supervision of credit institutions of another Member State, the institution of mutual understanding is needed of consolidated supervision of credit institutions. (2) where a parent company and one of its subsidiary companies, credit institutions, are registered in the Republic of Latvia and other Member States, the financial and capital market Commission and the national supervisory authorities shall exchange all the information necessary for the performance of consolidated supervision. If the financial and capital market Commission of Latvia by the registered parent company consolidated supervision, then after another Member State at the request of the supervisory authority, which is responsible for such supervision is carried out, the financial and capital market Commission requires from parent company any information that could be important for consolidated supervision, and shall forward it to the responsible for supervision on a consolidated basis for the supervisory organ. (3) the financial and capital market Commission is entitled to exchange with other Member States ' supervisory bodies with the article referred to in the second paragraph of information received from financial holding companies, financial institutions, mixed holdings and their subsidiaries which are not credit institutions, or are exempt from inclusion in the consolidation group and the necessary financial and capital market Commission and the other Member States ' supervisory bodies of consolidated supervision. If the financial and capital market Commission obtains and uses such information, this does not mean that the financial and capital market Commission is monitoring these operators. 101.12 article. (1) If a credit institution, financial holding company or a mixed holding company controls one or more subsidiaries which are insurance companies or commercial companies providing such investment services, which is subject to authorization by the financial and capital market Commission shall cooperate with such other Member insurance companies and other licensed company supervisory bodies. Financial and capital market Commission shall provide any information which may provide the following commercial transactions and the monitoring of the financial situation, the other Member States ' supervisory authorities. (2) the information received by the financial and capital market Commission, carrying out supervision on a consolidated basis (in particular, any information from supervisory bodies), considered to be limited by the availability of information. (3) financial and capital market Commission shall draw up a list of the financial holding company that consolidation at group level, the credit institution shall monitor and sends it to the other Member States ' supervisory authorities and the European Commission. Article 101.13. (1) If it is necessary to check the veracity of the information that, when carrying out supervision on a consolidated basis, financial and capital market Commission received about registered in another Member State of the credit institution, financial institution, financial holding company, holding company or a mixed financial holding company of the credit institution and the mixed holding company subsidiaries, financial and capital market Commission shall send the Member State concerned at the request of the supervisory authority to check the veracity of the information received. (2) the financial and capital market Commission is empowered to carry out checks in the Republic of Latvia established credit institution, financial institution, financial holding company, a mixed holding company or a credit institution, financial holding company, a mixed holding company subsidiaries, based on other national supervisory authority to check the veracity of the information that the Member State is received by the institution of supervision on the companies, carrying out supervision on a consolidated basis, or authorize such surveillance authority of that Member State. Where a management authority of the Member State concerned does not take the examination itself, it can participate in the financial and capital market Commission's inspection. Article 101.14. (1) If a registered in the Republic of Latvia on financial holding company or a mixed financial holding company, which is a credit institution or financial institution the parent company, does not meet the requirements of this law, or does not provide the credit institution consolidated monitoring information, the financial and capital market Commission is entitled to apply the law it 199. the penalties referred to in article 3 or to prohibit the use of its voting right in the Republic of Latvia registered credit and financial institutions. (2) the financial and capital market Commission cooperates with other national supervisory authorities to ensure effective supervision on a consolidated basis (especially if a financial holding company or a mixed financial holding company location does not coincide with the location of the control). Article 101.15. (1) if the financial and capital market Commission does not take a credit institution, supervision on a consolidated basis which is the parent company of a foreign credit institution or a financial holding company, financial and capital market Commission, on its own initiative or at the request of the parent credit institution or by another Member State of the credit institution, insurance company or investment company's request, which is a subsidiary of a credit institution, consult with the participating Member States ' supervisory bodies and assess the whether the credit institution is subject to the requirements laid down in Member States equivalent consolidated supervision. (2) in considering whether a foreign supervisory authority concerned of consolidated supervision comply with the requirements in the Member States, the requirements of consolidated supervision, financial and capital market Commission consult the European Banking Committee and comply with its guidelines. (3) if the foreign supervisory authorities in consolidated supervision carried out do not meet the requirements laid down in the Member States, the Financial and capital market Commission consolidated supervision of a credit institution which is the parent company of a foreign credit institution or a financial holding company are subject to the requirements of this law. " 40. off 102, 103, 104 and 105. article. 41. Article 106: replace the first and second paragraph, the words "financial institution" with the words "which is included in the consolidation group"; Supplement fifth and sixth after the words "financial services" with the words "credit unions". 42. in article 107.1: make the first paragraph by the following: "(1) a management authority of another Member State shall have the right to carry out inspections in the Republic of Latvia in the Member State concerned established bank subsidiaries and representations, as well as credit institutions and commercial companies that submitted this information to the supervisory authorities of the Member State of consolidated supervision."; replace the second paragraph, the words "Member States" with the words "Member States"; make the third paragraph as follows: "(3) the financial and capital market Commission are entitled by mutual agreement as a further undisclosed give management authority of another Member State the information required to carry out supervision referred to in the first paragraph in the Republic of Latvia registered credit institutions of the Member State concerned branches and representations, as well as credit institutions and commercial companies that submitted this information to the supervisory authorities of the Member State of consolidated supervision, if the relevant Member State's legislation provides for the responsibility for confidential information disclosure." 43. in article 108.1: replace the first paragraph, the words "Member States" with the words "in other Member States" and the words "credit institution" — the Member State with the words "this credit institution"; replace the second paragraph, first sentence, the words ' the Member State "by the words" in another Member State "; Replace in the second sentence of the second subparagraph, the words ' the Member State "by the words" Member States "; replace the third and fifth paragraphs, the words "Member States" with the words "in another Member State"; to supplement the article with the sixth part as follows: "(6) in crisis situations, not subject to the procedure referred to in this article, the financial and capital market Commission may implement measures to protect depositors, investors and other credit services, the interests of the beneficiaries of such measures by the Member States concerned shall inform the supervisory authorities of credit institutions and the European Commission." 44. in article 110.1: replace the second and fifth paragraph 1, the words "Member States" with the words "Member States"; turn off the fifth part 2 and in paragraph 3, the words "or in the Republic of Latvia"; turn off the sixth paragraph, the words "the Bank of Latvia". 45. Article 112 of the turn. 46. the express article 129, the first paragraph by the following: "(1) if the financial and capital market Commission in accordance with article 27 of this law 1., 2., 3., 4. and 8 cancelled the credit institution given license (permission) for the operation of the credit institution, the financial and capital market Commission appointed by the Governor and filed with the court application for the winding-up of the credit institution and the appointment of a liquidator, the liquidator at the nomination." 47. To supplement the law with article 131.1 as follows: "article 131.1. (1) a credit institution, a credit of administrators in insolvency proceedings may be: 1) natural person who received the State Agency "insolvency administration" the issue of a certificate; 2) sworn auditor commercial companies. (2) If the administrator is a certified auditor appointed by the company, it shall be authorised to carry out the duties of the administrator of the natural persons that meet the requirements of the first subparagraph and to which this Act does not apply to restrictions laid down in article 132.1. " 48. Article 132: make the first part of paragraph 4 by the following: "4) which has been convicted of crimes against the State, criminal offences against property, Government policy or jurisdiction or criminal offences in the economy or public institutions service regardless of the deletion or removal of the criminal;" to supplement the first sentence of the third paragraph after the word "Commission" with the words "in accordance with legal competence." 49. To supplement the law with article 132.1 as follows: "article 132.1. (1) The administrator may appoint a person not: 1) be for interested persons in respect of the credit institution or is opened with this administration related to the credit institution concerned; 2) against which the credit institution has opened claim; 3) against that as against the debtor has proposed other insolvency proceedings or which is considered representative of the debtor in insolvency proceedings in another, and this other thing is not terminated; 4) which has been convicted of crimes against the State, criminal offences against property, Government policy or jurisdiction or criminal offences in the economy or public institutions service regardless of delete or remove a criminal record; 5) against which prosecution has been initiated or is a criminal suspect. (2) the natural person or legal persons authorised natural person may perform a credit at the administrator's or liquidator's obligations only in one insolvency and liquidation proceedings. (3) the financial and capital market Commission under the statutory competence is entitled to control administrator's performance. To this end, the financial and capital market Commission authorized person shall have the right to consult all credit documentation, all administrator documentation relating to a credit institution, as well as get explanations from the administrator and any other financial and capital market Commission, the function of supervision of credit institutions the information needed to make. " 50. Article 138 of the Present third paragraph as follows: "(3) in this case the administrator of the credit institution with a court order to be complied with by the liquidator, if this law article 131.1 and not the limit laid down in article 132.1." 51. To supplement article 146 of the fourth paragraph, after the word "eventuality" with the words "administrative procedure law and the timeless". 52. Article 147 of the turn. 53. Article 154: replace "." with "the number 131 131.1"; replace the number "132." with the number "132.1". 54. Replace article 177 the second subparagraph of paragraph 5, the words "guidelines and regulations" with the words "rule and order." 55. To supplement the law with article 197.1 as follows: "article 197.1. (1) if the financial and capital market Commission finds that credit institution does not comply with this Act or the financial and capital market Commission of the acts issued or directly applicable to the institutions of the European Union issued the legislative requirements, financial and capital market Commission requires that the credit institution shall immediately take the necessary measures to remedy such a situation. (2) in addition to the first part of this article in the financial and capital market Commission is entitled to exercise one or more of the following measures: 1) warn credit institution; 2) set limits for the operation of the credit institution; 3) to suspend partially or totally the provision of financial services; 4 the credit institution given supervisory body) and the Executive Body, as well as the heads of these institutions and members informed written orders that are necessary to limit or stop the operation of the credit institution, which endangers or could endanger the solvency of the credit institution's stability or reputation; 5) impose an obligation to the credit institution to reduce the risk associated with its business, services and systems; 6) ask the Bank to suspend the issuance of the credit institution; 7) put in statutory fines. (3) financial and capital market Commission's appeal against the administrative act issued in connection with the matters referred to in this article shall not suspend its execution. " 56. in article 199 to replace "5000" with "100 000". 57. To replace the words "in article 209. Member States" with the words "in other Member States". 58. Replace article 211, second paragraph, the words "Member States" with the words "other Member States". 59. Article 213 of the fourth turn. 60. Article 220: replace the first paragraph, the words "Member States" with the words "Member States"; replace the second paragraph, the words "appointed" by the words "other" designated by the Member State; replace the third paragraph, the words "Member States" with the words "Member States". 61. To supplement the transitional provisions on 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 paragraph by the following: "17. To the internal ratings based approach to credit risk of developed capital requirement calculation and advanced measurement approach to operational risk this risk capital requirements for credit institutions to apply the calculation with the January 1, 2008. 18. a credit institution that risk weighted value calculation to apply to the internal ratings based approach to 2009 December 31 provide own funds which are always more than transitional provisions this law 20, 21 and 22 in the amounts indicated or equal to them. 19. a credit institution that capital requirements for operational risk measurement for calculating the developed approach, from January 1, 2008 until December 31, provide own funds which are always more than transitional provisions this law, 21 and 22 in the amounts indicated or equal to them. 20. Until 2007 December 31 credit equity is at least 95 percent of minimum own funds calculated in accordance with the financial and capital market Commission of the capital adequacy calculation. 21. From January 1, 2008 to December 31, a credit institution's equity capital is at least 90 percent of the minimum equity capital, calculated in accordance with the financial and capital market Commission of the capital adequacy calculation. 22. From 1 January 2009 to 31 December credit equity is at least 80 percent of the minimum equity capital, calculated in accordance with the financial and capital market Commission of the capital adequacy calculation. 23. the transitional provisions of this law, 18, 19, 20, 21 and 22 of the requirements of the business of credit raksturojošo rates of individual invoices or consolidation at group level in accordance with this law and article 50.9 of 50.8. 24. Until 2007 December 31 of this Act, the credit institution specified in article 35 the credit risk and counterparty risk calculation of capital requirements under the standardised approach may prepare financial and capital market Commission in the calculation of capital adequacy. 25. If a credit institution uses this law, the transitional provisions referred to in paragraph 24 of the opportunity it until 2007 December 31 this Act article 35. debt securities and equity position risk capital requirement calculation can prepare financial and capital market Commission in the calculation of capital adequacy. 26. If a credit institution uses this law, the transitional provisions referred to in paragraph 24 of the option it does not apply to this law, 22.6, 36.4 36.2 and the requirements of article 101.3, up to 31 December 2007. 27. in this law, the transitional provisions referred to in paragraph 24, the credit institution the opportunity this law, article 35, paragraph 4, first subparagraph, of the specific capital requirements for operational risk shall be reduced by the part defined as the exposure values relative to the total amount of all exposed to credit risk exposure value amount, which calculates the capital requirements for credit risk in accordance with the transitional provisions of this law, paragraph 24. 28. If the risk weighted value for all exposures shall be calculated in accordance with the transitional provisions of this law, paragraph 24, the large exposures of a credit institution and with credit-related party exposure restrictions ensure the execution of the order was established on the Financial and capital market Commission prior to the entry into force of this amendment. 29. the amendment of the law to supplement article 131.1 in respect of the requirement on the State Agency "insolvency administration" certificate issued by a credit institution need administrator's duties are not applicable to the credit institution's administrator, who in his activity as a credit institution administrator has started before the entry into force of this amendment. 30. Article 46.2 of this law shall enter into force on 1 July 2007. Credit institutions have a duty to the Cabinet in the order and within a time limit to submit information to the State revenue service for legal entities – residents of Latvia, as well as non-resident permanent representation of Latvia sight accounts that have been opened and not closed before this law, article 46.2 of the date of its entry into force. " 62. To complement the informative reference to European Union directives with 8 and 9 paragraph by the following: ' 8) of the European Parliament and of the Council of 15 December 2004, Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC; 9) the European Parliament and of the Council of 14 June 2006 on the directive 2006/48/EC relating to the taking up and pursuit of the business of credit institutions (recast version). "
The law adopted by the Parliament in the 2007 22 February. State v. President Vaira Vīķe-Freiberga in Riga on 8 March 2007 in