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Amendments To The Law "on The Enterprise Register Of The Republic Of Latvia"

Original Language Title: Grozījumi likumā "Par Latvijas Republikas Uzņēmumu reģistru"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on enterprise register of the Republic of Latvia" make law "on the enterprise register of the Republic of Latvia (Republic of Latvia Supreme Council and Government Informant, 1990, 1991, 49 No;/28.nr.; 27, 1992, 18./19.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, nr. 1; 1997, 5, no. 11; in 1998, no 1; 1999, nr. 24; 2001,15. no; 2002, no. 23; 2003, no. 14; 2004, 4, 8, no. 22; in 2005, No 7) the amendments are as follows: 1. Article 1: Add to paragraph 1, after the words "European company" with the words "European cooperative society";
Replace in paragraph 1, the words "political organizations (parties)" with the words "political parties and their associations".
2. Supplement article 2.2 after ' associations and foundations register books "with the words" society and Foundation Law of procedure entry into force of the law, the political parties act of entry into force of the law. "
3. To supplement the law with the 2.14 and 2.15 article as follows: "2.14 article. Registry of political parties the registry of political parties conduct under this Act, the political parties law and regulations led the business register.
2.15 article. European cooperative society registration in commercial register entries shall be made on the European cooperative societies register log in accordance with the European cooperative society regulations governing.
The Council of 22 July 2003 Regulation (EC) No 1435/2003 on the Statute for a European cooperative society (SCE) article 7 of the eighth, the second paragraph of article 29, article 30, in the first paragraph of article 54 and 73 in the second part of the first subparagraph of article tasks carried out in the companies registry. "
4. Supplement article 4 with 5.1 point as follows: "51) regulations prescribed certifying signatures;".
5. To complement the second chapter with 4.1 and 4.2 of the article as follows: "article 4.1. Signature of the person certifying official business register legislation the cases attest to a person's signature.
Before signing the attestation of the person in the register of companies, official population register verifies an individual's status and the invalid document register – identity document status.
Company registry officer certifying the person's signature only registered in Latvia, natural persons and representatives of legal persons that represent Latvian public registers of registered.
The signature of the person certifying, register of companies, the officer verifies their identity and capacity. Proof of the article to the appropriate document, indicating that the person has signed a signature or recognised for their company in the presence of officials of the registry.
Company registry officer certifying the person's signature, on the content of the document.
After the signature of the person certifying the Enterprise registry officer personal signature validation log indicating: 1) sequence number (each year starting new numbering);
2) month and the date on which the certified person or persons have been refused signs the certification;
3) that is paid the State fee;
4) the name, surname, personal code and residence, which are certified by the signature of a representative of a legal person, the legal entity registration number, date, and place;
5) and the document issued.
Company registry officer can refuse certification of a signature, if the person is not incapacitated, if it can not prove your identity and the authenticity of the will, or the officer not to get assurance about the identity of the person or the authenticity of the will.
4.2 article. International sanctions established on the basis of the order of court bailiffs on the international application of the sanctions imposed on a specific person, register of companies, public notary is obliged to refuse: 1) record in the commercial company or a European economic interest group register, the European economic interest group if its founder or member is the person who applied the sanctions provided for by international organisations;
2) to record the commercial register the person as an individual merchant, if they applied the sanctions provided for by international organisations;
3) make a record in the commercial register concerning amendments to the partnership documents or European economic interest group register, the entry on amendment of the European economic interest grouping documents, if they are related to the person's involvement in a particular partnership or a European economic interest group, its members having applied the sanctions provided for by international organisations;
4) make a record in the commercial register, a European economic interest grouping or in the register of companies registry log on the Board of directors or the appointment of the members of the Council or in the register of associations and foundations — the executive body or the appointment of members of the supervisory organ, which applied the sanctions provided for by international organisations;
5) record companies register journal of cooperative societies or European cooperative society, the founder of which the appropriate international organization to impose the sanctions.
If the international sanctions are applied to determine the person who acquired the status of a participant in a society with limited liability and limited liability company shall be submitted to the Registrar of companies specified the list of participants, the companies registry adds public registration of limited liability in case the participant list and to inform the society with limited liability and the competent authorities of the international application of the sanctions imposed on the person concerned.
If the international sanctions are applied to determine the person recorded in the commercial register as a sole proprietor, Corporation or of the Board member of the Council or the European economic interest grouping registered as a European economic interest group or a member of the Council, or in the register of associations and foundations — as the Executive or supervisory bodies of the Member States, the relevant register entry shall be made on the person's removal from the register.
If the international sanctions are applied to determine the person recorded in the commercial register as a member of a partnership, the company shall inform the registry of this partnership and the competent authorities of the international application of the sanctions imposed on the person concerned. If international sanctions laid down are applied to a member of a partnership that has the right of representation, commercial register entry shall be made on the person's representation of exclusion from the register.
If the international sanctions are applied to determine the person who has filed an application for recording the pledge in the register or the register of matrimonial property, commercial register entries in question and shall inform such person and the competent bodies of international organizations of the sanctions imposed. If the international sanctions are applied to determine the person who recorded the pledge in the register or the register of matrimonial property, the register shall inform such person and the competent authorities of the sanctions imposed by international organisations. "
6. Supplement article 6 with the twelfth, as follows: "for the record Company to record in the log and document registration (add file) the State fee is payable, the amount, the payment order and relief shall be determined by the Cabinet of Ministers."
7. in article 8: make the first paragraph by the following: "examining the documents submitted by the public notary business register checks whether: (1) comply with the registration jurisdiction);
2) all statutory documents that recorded (adds case) or on the basis of which the entry in the register shall be made in the logbook;
3) recorded documents (adds case) or on the basis of which the entry in the register shall be made in the journal (other than annual reports), and has legal effect or the other formal requirements conform to laws and regulations, as well as news and provisions or and content comply with the laws and other registration documents in the case;
4) is not registered in the register of companies of other legal obstacle ".
make the third paragraph as follows: "in the first paragraph of this article by checking the State notary register shall decide on: 1) entry in the company register journal or document registration (add stuff) if obstacles are detected;
2) entry or registration document (add stuff), if it is determined that this article is not complied with the requirements of the first subparagraph, but these flaws are inevitable. Register notaries public in the decision indicates a reasonable deadline for the correction of deficiencies. This period may not be shorter than a month. If the documents are corrected, the lack is submitted after the deadline, the decision must pay the State fee;

3 refusal to register) (attach file) documents submitted or to do the registration record companies registry log, if deficiencies are not documents inevitable, submissions are not to be recorded in the register of companies or the Registrar of companies is a clear evidence of the fact of signature forgery. The State fee shall not be refunded in such cases. "
8. Make article 9 the fourth subparagraph as follows: "Cabinet of Ministers decision on other legal entities also can provide information on registered entities and legal facts."
9. Make the third paragraph of article 9.1 the following: "If the documents are removed, instead of a certified copy of the left."
10. To make article 14 the following: ' article 14. Examination of the documents submitted by the documents submitted by the public notary business register checks whether: (1) comply with the registration jurisdiction);
2) all statutory documents that recorded (adds case) or on the basis of which the entry in the commercial register shall be made;
3) recorded documents (adds case) or on the basis of which the entry in the commercial register shall (except annual reports), and has legal effect or the other formal requirements comply with the laws and regulations, as well as news and provisions or and content comply with the laws and other registration documents in the case;
4) has been registered in the enterprise register another legal hurdle.
Register of companies fall outside the competence of operators of actual conditions of adoption of the decision.
If the conditions referred to in the first subparagraph, the obstacles are not detected, register of companies, the public notary shall take a decision on the entry (article 15) or registration document (add file).
If it is determined that this article is not complied with the requirements of the first subparagraph, but these flaws are inevitable, the register of notaries public shall take a decision on the entry or registration document (add stuff) and the decision indicates a reasonable deadline for the correction of deficiencies. This period may not be shorter than a month. If the documents are corrected, the lack is submitted after the deadline, the decision must pay a State fee.
Checking compliance with the Commercial law firm article 28, register of companies, public notary is entitled to take a decision on the postponement of the entry only if the merchant firm applied to coincide with the commercial register or companies register, record or log on to record companies.
If the deficiencies are not documents inevitable or not submissions to register in the commercial register, register of companies, the public notary shall take a decision on the refusal to register (add file) documents or to make a record in the commercial. In such cases, the State fee is not refunded.
If the Registrar of companies is a clear evidence of the fact of signature forgery, register of companies, the public notary shall take a decision on the refusal to register (add file) documents or to make a record in the commercial. "
11. Express article 18.1 as follows: "article 18.1. The examination of the documents submitted to the register of associations and foundations to conduct examination of the documents submitted, register of companies, public notary checks whether: 1) presentation of all statutory documents that recorded (adds case) or on the basis of which the entry shall be made in the register of associations and foundations;
2) recorded documents (adds case) or on the basis of which the entry shall be made in the register of associations and foundations (other than annual reports), and has legal effect or the other formal requirements conform to laws and regulations, as well as news and provisions or and content comply with the laws and other registration documents in the case;
3) society and the Foundation is not registered in the register of another legal hurdle.
Business register does not fall within the competence of the Association or foundation of the actual circumstances of the decision.
If the conditions referred to in the first subparagraph, the obstacles are not detected, register of companies, the public notary shall take a decision on the entry (article 15) or registration document (add file).
If it is determined that this article is not complied with the requirements of the first subparagraph, but these flaws are inevitable, the register of notaries public shall take a decision on the entry or registration document (add stuff) suspension (except where, in accordance with the laws of the society and Foundation to take the decision on the refusal to do this record). The decision for entry or registration document (add stuff) suspension of public notary business register indicates the lack of a reasonable time limit. This period may not be shorter than a month. If the documents are corrected, the lack is submitted after the deadline, the decision must pay a State fee.
Check the society and Foundation Law article 6 referred to in the third subparagraph, register of companies, public notary is entitled to take a decision on the record of the suspension if: 1) or log onto the Association's Foundation coincided with the name of the society and the Foundation is entered in the register or log on to burn, as well as social organizations is entered in the register of public organizations or associations of public organizations;
2) or log onto the Foundation of the society name matches the name of a political party is entered in the register or log on to record political parties or political associations name or its abbreviation.
If the deficiencies are not documents inevitable or submitted messages are not recorded in the register of associations and foundations, companies register notaries public shall take a decision on refusal to register (add file) documents or to make a record in the register of associations and foundations. The State fee is not refunded in this case.
If the Registrar of companies is a clear evidence of the fact of signature forgery, register of companies, the public notary shall take a decision on the refusal to register (add file) documents or to make the entry in the register of associations and foundations. "
12. To supplement the law with the new sixth chapter as follows: "the sixth chapter of the registry of political parties fighting 18.5 article. Rules applicable in the registry of political parties to register political parties waging a fighting this law shall apply to the provisions of the fifth chapter, where this chapter provides otherwise.
18.6 article. Political parties or political associations by checking the name of the political party Act, article 6 of the conditions referred to in the first subparagraph, register of companies, public notary is entitled to take a decision on the record of the suspension if: 1) political parties or political associations proposed name clearly and definitely no different from Latvia earlier registered political organizations (parties) or political organizations (parties) associations of the name or the abbreviation;
2) political parties or political associations proposed name clearly and definitely no different from political parties entered in the register or log on to record political parties or political associations or the abbreviation;
3) political parties or political associations apply name coincides with the Association, Foundation or public bodies or associations of public organization name. "
13. Consider the sixth chapter of the seventh chapter.
14. Article 21: replace the first paragraph, the words "or the European commercial companies" with the words "the European company or European cooperative societies";
to complement the second subparagraph following the words "society and Foundation law" with the words "or the political party law";
replace the second paragraph, the words "associations or foundations" by the words "associations or foundations, or political parties, or their associations".
15. transitional provisions supplementing with 8, 9 and 10 in paragraph by the following: ' 8. This law, rules governing the function of the business register — to take the European cooperative society registration (Amendment to article 1, paragraph 1 of new article 2.15 and the amended article 21, first paragraph), apply, starting with the 18 august 2006.
9. Article 4.2 of this law shall enter into force on 1 January 2007.
10. the rules of law that govern the register function to take the political party registry (Amendment 1 paragraph 1, amendments in article 2.2, 2.14 new article, the new sixth chapter, amended article 21, second paragraph), enter into force simultaneously with the political party law. "
The law shall enter into force on 1 July 2006.
The law adopted by the Parliament in June 15, 2006.
 
State v. President Vaira Vīķe-Freiberga in Riga on 27 June 2006 Editorial Note: the law shall enter into force by 1 July 2006.