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Financial Conglomerates Act

Original Language Title: Finanšu konglomerātu likums

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The Saeima has adopted and the President promulgated the following laws: the law of the financial conglomerate chapter I General provisions article 1. The law is applied in the following terms: 1), the Member State of the regulated company licensed bank, insurance company or investment company;
2) sector regulations — regulations that determine the regulated commercial firms;
3) financial sector — the sector of banking, insurance and investment companies in the services sector and the mixed financial holding company, whether or not that company is located in one or more countries;
4) banking sector, a sector in which one or more of the following companies: (a) a bank, (b))) company, which is not a bank or financial institution, but whose main business is property management, managing the data processing system, or similar activities that complement, extend or promote one or more of the bank's banking activities, c) a financial institution within the meaning of the credit institutions act;
5 the insurance sector — the sector) that runs one or more of the following: (a) commercial companies) insurance company, reinsurance company, b) c) insurance holding company;
6) investment services sector — a sector that is running one or more investment brokerage firms and other financial institutions within the meaning of the credit institutions act;
7) presence — the fact that a company directly or indirectly owns at least 20 percent of the company's share capital or voting shares (share);
8) group — a group of companies consisting of the parent company, its subsidiary companies, commercial companies in which the parent or the subsidiary has a membership and commercial companies, whose relationship with the parent company, subsidiary company or companies in which the parent or the subsidiary has a membership, these companies manifested as common management in accordance with the signed agreement of the company or the memorandum or articles of association or rules so that those in the course of the financial year at least half of any governing body members are one and the same person;
9) a mixed financial holding company, the parent company of which is not a regulated company, which together with its subsidiaries, at least one of which is a regulated company, having its registered office in a Member State, and other commercial companies, constitutes a financial conglomerate;
10) Member State of the European economic area;
11) management authority — the body of a Member State has delegated to the banks, insurance companies or investment firms, irrespective of whether that institution, legally established or carrying out these functions delegated to it by the national regulatory authority;
12) intra-group transactions — all trades by a regulated company in the group directly or indirectly rely on the fact that others in the same company in the group or by a natural or legal person to whom the commercial companies of this group are close relations, will execute their commitments, whether they occur on a contract, or any other basis, as well as whether or not on these commitments is provided for a fee or not;
13) risk concentration — all risks which financial conglomerate companies pick up and that the potential losses are so large that may threaten the financial conglomerate solvency of regulated company or financial situation. Such transactions might be associated with a transaction, the credit risk (including risk), investment risk, insurance risk, market risk, other risks, the risk of combination or interaction;
14) leading financial conglomerate company — the parent company of the financial conglomerate or, where the financial conglomerate is not the parent, within a financial conglomerate in the regulated company with major assets in the financial sector;
15) Coordinator — the institution carrying out the financial conglomerate within the supplementary supervision of the regulated company, where the financial conglomerate is regulated in the company is located in several Member States;
16) significant supervisory body, the supervisory body that meets one of the following characteristics: (a)) is responsible for the financial conglomerate in the regulated business of consolidated supervision, company b) it is the Coordinator, c), taking into account the financial conglomerate within the regulated company market share (especially if it exceeds five percent) in the Member State concerned and the importance of the financial conglomerate, a recognised supervisory body of point "a" and "b" referred to the authorities. 2. article. The law's aim is to promote the financial conglomerate within the regulated company customer interests and the financial and capital market stability. 3. article. (1) the supplementary supervision of financial conglomerates is subject to the following company within the financial conglomerate: 1) the regulated company, which is the parent company of the financial conglomerate and having their registered office in a Member State;
2) regulated commercial companies, the parent company of which is a mixed financial holding company, having its registered office in a Member State;
3) regulated commercial companies that are associated with other companies within the financial sector, if the connection gets as a society common management in accordance with the signed agreement of the company or the memorandum or articles of association or rules so that those in the course of the financial year at least half of any governing body members are one and the same person;
4) investment management company.
(2) the financial conglomerate in the regulated company whose parent company is a regulated company or a mixed financial holding company with registered offices outside the Member States are subject to additional monitoring of this law article 23 within the scope and in order.

(3) If a person (interrelated group of people) are regulated in one or more of the companies in a regulated company or it is able to influence (but not control) one or more of the regulated company regulated company financial and operational policies, the regulated companies have registered in Latvia and they comply with article 4 of this law, first paragraph, point 2 and 3, the financial and capital market Commission decides whether and to what extent these regulated company should be subject to supplementary supervision as commercial companies concerned form the financial conglomerate.
(4) If a person (interrelated group of people) are regulated in one or more of the companies in a regulated company or it is able to influence (but not control) one or more of the regulated company regulated company financial and operational policies, the regulated companies have registered in several Member States, one of which is regulated in Latvia, and these commercial companies comply with this law, article 4, first paragraph, point 2 and 3. Financial and capital market Commission by common agreement with the relevant supervisory bodies determine whether and to what extent these regulated company should be subject to supplementary supervision as commercial companies concerned form the financial conglomerate. Chapter II determination of the financial conglomerate, article 4. (1) The financial conglomerate is a group that is considered at the same time meet the following characteristics: 1) group led by a regulated company, which is the parent company of the company, which operates in the financial sector, or a company that has a relationship with a company in the financial sector;
2) at least one of the constituent companies in the group operating in the insurance sector and at least one for the banking sector or investment services sector;
3) belonging to the Group company the insurance sector and the banking sector and the investment services sector activity is important for a company of this law or in article 5.
(2) The financial conglomerate also believes that the group is not headed by a regulated company, if at least one of the subsidiaries in the group is a regulated company, the Group meets the first part of this article 2 and 3 set out in point and works mainly in the financial sector of the third paragraph of this article.
(3) the Group operates mainly in the financial sector, if they are regulated and non-regulated financial sector companies active in the proportion of the Group's total assets of the company exceeds 40 percent.
(4) in order to avoid sudden regime shifts, supervisors considered that the Group operates mainly in the financial sector, three years after the third subparagraph, the indicator fell below 40 percent, unless it is less than 35 percent.
(5) if all of the financial conglomerate in the regulated company in Latvia, is located in the financial and capital market Commission of the fourth paragraph of this article, the period may decide to stop believing that the Group operates mainly in the financial sector, if it does not meet the criteria laid down in the third subparagraph.
(6) if the group includes regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, the fourth paragraph of this article, the period of agreement with other relevant supervisory authorities, may decide to stop believing that the Group operates mainly in the financial sector, if it does not meet the second part of the criteria.
(7) where a financial conglomerate is a group composed of separate, corresponding to the first paragraph of this article, this law respects the meaning is considered a separate financial conglomerate. 5. article. (1) the company in the group activity in the insurance sector is an important, if more than 10 percent of the level indicator, calculated as the average of the following two values: 1) group within the insurance sector's total assets of a company's share of all the financial sector in the Group's total assets of the company;
2 in the group insurance) sector company solvency margin, the proportion of all the financial sector in the group the company solvency margin and capital requirements total.
(2) the company in the group activity in the banking sector and the investment services sector is an important, if more than 10 percent of the level indicator, calculated as the average of the following two values: 1) group within the banking sector and the investment services sector, the company's share of total assets of all the financial sector in the Group's total assets of the company;
2) group within the banking sector and the investment services sector the company share capital requirements for all financial sector in the group the company solvency margin and capital requirements total.
(3) the smallest financial sector in a financial conglomerate is considered the financial sector, for which the first or the second part is the smallest, but most of the financial sector, the financial sector in a financial conglomerate, which is the largest. Determine the smallest and largest financial sector, the banking sector and the investment services sector shall be considered as one of the financial sector.
(4) in order to avoid sudden regime shifts, the monitoring group's activities to the insurance sector and the banking sector and the investment services sector is considered important for another three years after the first or second part of the above averages become less than 10 percent, but not less than eight percent.
(5) if all of the financial conglomerate in the regulated company in Latvia, is located in the financial and capital market Commission of the fourth paragraph of this article, the period may decide to stop believing the group activities in the insurance sector or the banking sector and the investment services sector is an important, if the group does not meet the first or the second part of the criteria.

(6) if the group includes regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, the fourth paragraph of this article, the period of agreement with other relevant supervisory authorities, may decide to stop believing the group activities in the insurance sector or the banking sector and the investment services sector is an important, if the group does not meet the first or the second part of the criteria.
(7) the solvency margin referred to in article and the capital requirements calculated in accordance with the provisions of the relevant sector.
(8) in exceptional cases financial and capital market Commission and the first and the second paragraph of article 4 of this law the third part of the total assets in the calculation of the index is replaced by a regulated company in the Group of indicators of income or total off-balance-sheet transactions, where these figures are significant pursuant to this law, the objectives of the supplementary supervision as defined in.
(9) if the group includes regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, so this article is the eighth in part the decision shall be taken by common agreement with the other relevant supervisory authorities. 6. article. (1) If the activity of the group insurance sector or the banking sector and the investment services sector is not significant in this law or in article 5 second paragraph first, group activities in the insurance sector or the banking sector and the investment services sector shall be considered significant when a group of smaller financial sector's total assets exceeding six billion.
(2) where a financial conglomerate is the smallest financial sector's total assets becomes less than the first part, set out in the following three years to avoid sudden regime shifts, the monitoring group's activities to the insurance sector and the banking sector and the investment services sector shall be considered significant if the smallest financial sector in the Group's total assets of more than five billion euros.
(3) if all of the financial conglomerate in the regulated company in Latvia, is located in the financial and capital market Commission, the second part of this article, the period may decide to stop believing the group activities in the insurance sector and the banking sector and the investment services sector is an important, if the group does not meet the first criterion set out in part.
(4) where a financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, the second part of this article, the period of agreement with other relevant supervisory authorities, may decide to stop believing the group activities in the insurance sector and the banking sector and the investment services sector is an important, if the group does not meet the first criterion set out in part.
(5) If the activity of the group in the insurance sector or the banking sector and the investment services sector do not reach this law, article 5 of the first or second part of the limit, but is considered significant under the first paragraph of this article and all of the financial conglomerate in the regulated company in Latvia, is located in the financial and capital market Commission may decide not to recognize the group as a financial conglomerate, or allow a 15 of this law. 16. the requirements of article 17 and, if the application of the supplementary supervision to the group is not required or its application would be misleading pursuant to this law, the objectives of the supplementary supervision as defined in, especially if: 1 the smallest) Group companies in the financial sector one of this law, article 5 of the first or second part, these indicators do not exceed five percent;
2) market share of the group in Latvia and not in one of the Member States does not exceed five percent, measured by the total assets of the banking sector and the investment services sector or in terms of gross premiums written in the insurance sector.
(6) where a financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, the fifth part of this article in specific decisions adopted by common agreement with the other relevant supervisory authorities.
(7) decision taken in accordance with the fifth subparagraph, shall notify the national supervisory authorities and the regulated companies in the group have received the license. 7. article. This law, 4. and 5. the calculations referred to in article 1 shall be based on the companies belonging to the Group of consolidated balance sheet, which shall be drawn up, taking into account the company annual accounts. Summary balance sheet of the parent and subsidiary company the balances in full, and the company, which is the balance of membership, in proportion to the part of the company's issued share capital of the group. If possible, the summary group balance sheet uses a company forming part of the consolidated annual accounts. 8. article. (1) the financial and capital market Commission identify all groups that include the regulated company with financial and capital market Commission issued the licence and complying with the law set out in article 4 of the financial conglomerate.
(2) identifying the first paragraph of this article, the Group's financial and capital market Commission shall cooperate with the national supervisory authorities in the constituent group companies regulated by the license.
(3) for the regulated companies that finance and capital market Commission issued a license and in a group, which could be recognized as a financial conglomerate and the conformity of the financial conglomerate which signs of lack of information, financial and capital market Commission shall inform the Member States ' supervisory authorities in the Group of other constituent companies regulated by the license.

(4) following the recognition of the group for the financial conglomerate, if all the financial conglomerate in the regulated company located in Latvia, or if the group includes regulated company with a legal address in different Member States, one of which is Latvia, financial and capital market Commission, if it is the Coordinator informs the financial conglomerate of leading society and the national supervisory authorities, which issued the license for financial conglomerates under the regulated companies or in which the mixed financial holding company registered office as well as the European Commission that a particular group is recognized as a financial conglomerate and the Coordinator. 9. article. (1) the financial and capital market Commission: 1) of the Act 14 of the cases provided for in the first subparagraph may disregard any of the constituent group regulated companies, determining whether the activity of the group insurance sector or the banking sector and the investment services sector shall be considered significant;
2) in order to avoid sudden regime shifts, the monitoring group in the company can expose this additional statutory supervision for three years after significant changes in the structure of the group, the group no longer meet this statutory financial conglomerate.
(2) where a financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, it proposes to take in the first part of this article down the decision, with the agreement of all relevant supervisory bodies. Chapter III financial conglomerate within the supplementary supervision of regulated company's article 10. (1) Financial conglomerate ie v Cates company of supplementary supervision of regulated include: 1) required additional monitoring of information gathering and dissemination coordination;
2) financial conglomerates financial situation evaluation and control;
3) capital adequacy, risk concentration and intra-group transactions compliance monitoring of the financial conglomerate;
4) financial conglomerate structure, organisation and internal control system;
5) surveillance planning and coordinating, in cooperation with other supervisory bodies of the Member States;
6) another Coordinator in that law the obligations and measures and decision-making or other with the application of this law, the related activities.
(2) the financial and capital market Commission within the financial conglomerate of the supplementary supervision of the regulated company, if all the financial conglomerate in the regulated company located in Latvia, or if the financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission in accordance with article 11 of this law the criteria is the Coordinator.
(3) where a financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, together with other relevant supervisory bodies and, as appropriate, with other national supervisory authorities and financial conglomerate of companies regulated under the issued license, agree on the coordination of activities, this statutory decision-making process and financial and capital market Commission, additional tasks entrusted.
(4) if the financial and capital market Commission, the discharge of the obligations laid down in this Act, the information that is required in accordance with the information in its possession has been given to one of the Member States ' supervisory bodies, the Financial and capital market Commission requesting relevant information from these monitoring bodies, to prevent a situation where a company within a financial conglomerate shall provide the same information to multiple institutions.
(5) the financial and capital market Commission should have the right to request from the financial conglomerate under the companies any information required in this Act, the exercise of supplementary supervision of financial conglomerates and companies are under an obligation to provide the information requested in the financial and capital market Commission of the time limits laid down. 11. article. (1) the financial and capital market Commission's coordinator, if: 1) it has authorised the regulated company, which is at the head of a financial conglomerate;
2) the parent company of the financial conglomerate is a mixed financial holding company and the only one of its subsidiary is regulated company, and that regulated company license issued by the financial and capital market Commission;
3) the financial conglomerate's parent company whose registered office is in Latvia, is the parent company of a number of regulated companies, of which at least one license issued by the financial and capital market Commission;
4) financial conglomerates has multiple parent company — mixed financial holding company, one of the legal address is in Latvia, and financial and capital market Commission has authorised the regulated financial conglomerate the largest company in the financial sector or regulated company with the largest total assets, if more regulated company operates in one of the financial sector;
5) the parent company of the financial conglomerate is a mixed financial holding company with its registered office in a Member State and its subsidiaries are regulated company with registered office in different Member States, and financial and capital market Commission has authorised the regulated company with most of the total assets in the financial sector;
6) financial conglomerates is a group without a parent, as well as other not mentioned in this paragraph to the cases where the financial and capital market Commission has authorised the regulated company with most of the total assets in the financial sector.

(2) the financial and capital market Commission, in agreement with other relevant supervisory bodies, taking into account the structure of the financial conglomerate and its importance in each Member State, can be determined according to the Coordinator, the first part of this article, the criteria set out in. In this case, before the determination of the financial conglomerate, the Coordinator has the right to express their views. 12. article. (1) in this Act, in addition to the monitoring procedure is without prejudice to the provisions for the monitoring of the sector conducted by the financial and capital market Commission.
(2) the application of the supplementary supervision of financial conglomerates under the regulated companies does not mean that the financial and capital market Commission individually monitored the financial holding company, mixed a financial conglomerate in the company, which is not a regulated company, or regulated company that is not registered in Latvia. 13. article. (1) The financial conglomerate's equity, which is the Coordinator of the financial and capital market Commission, must not be less than the financial conglomerate the capital requirements, calculated in accordance with the financial and capital market Commission issued capital adequacy calculation rules. Unregulated financial sector companies conditional capital requirements calculated in accordance with the relevant provisions of the financial sector.
(2) The financial conglomerate providing equity in the first part of this article is the set of all responsible financial conglomerate in the regulated company.
(3) a regulated company, which is the parent company of the financial conglomerate, the financial holding company or a mixed financial conglomerate in the regulated company within that financial and capital market Commission, after consultation with the financial conglomerates on the obligation to provide the financial conglomerate's capital adequacy and calculation and calculation used information, submit that calculation and information once a year, the financial and capital market Commission in accordance with its provisions.
(4) where a financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, then, in determining the regulated company that submits a financial conglomerate's capital adequacy and calculation and calculation used information, financial and capital market Commission consults with the relevant supervisory bodies, if the obligation to submit the financial conglomerate's capital adequacy and calculation and calculation used information on a financial conglomerate to the regulated company within whose registered office is outside Latvia. 14. article. (1) Financial and capital market Commission, if it is not to include the permit Coordinator, capital adequacy calculation, a company belonging to the financial conglomerate, if: 1) company located in a country which is not a Member State, and where there are legal impediments to the transfer of the necessary information;
2) the company is insignificant, pursuant to this law, the financial conglomerate under the regulated company within the objectives of the supplementary supervision;
3) the inclusion of a financial conglomerate companies of capital adequacy calculation would be inappropriate or misleading pursuant to this statutory financial conglomerate within the supplementary supervision of regulated companies.
(2) If several companies within the financial conglomerate comply with the first paragraph of this article, in point 2, but together is important, financial and capital market Commission, pursuant to this law, the financial conglomerate under the regulated company within the objectives of the supplementary supervision, they must not be excluded from the calculation of capital adequacy.
(3) Before deciding on any company belonging to the financial conglomerate do not taking into account the financial conglomerate's capital adequacy calculation in accordance with the first subparagraph of paragraph 3, of the financial and capital market Commission shall consult with other relevant supervisory authorities.
(4) if the first paragraph of this article, 2. and (3) in the cases referred to in the financial and capital market Commission, the financial conglomerate's capital adequacy calculation procedure, the authorisation does not take into account any regulated company, leading financial conglomerate company is obligated by the State supervisory authority, which has authorised that regulated company, to provide the information necessary for the supervision of the regulated company. 15. article. (1) the financial conglomerate is a leading company or other financial conglomerates in a regulated company, which, after consultation with the financial conglomerate is determined by the financial and capital market Commission, notify it once a year for each significant risk concentration in the case of a financial conglomerate and the concentration of exposures shall be submitted for assessment information.
(2) the concentration of Risk in a financial conglomerate is considered significant if regulated commercial risks with one person (interrelated group of people) of more than 10 percent of the equity of the regulated company.
(3) where a financial conglomerate is a leading company is a mixed financial holding company, to the public sector to apply the rules governing concentration of risk in the financial sector.
(4) the evaluation of the total concentration of exposures of a financial conglomerate, the financial and capital market Commission can determine the financial conglomerate, the Coordinator of which it is, quantitative limits.

(5) where a financial conglomerate includes the regulated company with a legal address in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, then, in determining which of the regulated company shall communicate to it on each significant risk concentration in the case of a financial conglomerate and the concentration of exposures shall be submitted for assessment information, the financial and capital market Commission shall consult with other relevant supervisory authorities. 16. article. (1) Leading financial conglomerate company or other financial conglomerates in a regulated company, which, after consultation with the financial conglomerate is determined by the financial and capital market Commission, once a year, inform them about all significant intra-group transactions of regulated commercial companies have made within the financial conglomerate.
(2) internal transactions of the group are considered significant if its amount exceeds five percent of the equity of the financial conglomerate.
(3) the evaluation of the financial conglomerate's internal business, financial and capital market Commission may establish quantitative restriction at the financial conglomerate within the regulated transactions between companies, which it is the Coordinator.
(4) where a financial conglomerate is a leading company is a mixed financial holding company, to the public sector to apply provisions governing intra-group transactions most companies in the financial sector.
(5) where a financial conglomerate includes the regulated company with JURI diskaj addresses in different Member States, one of which is in Latvia, and the financial and capital market Commission's coordinator, then, in determining which of the regulated company shall notify the financial and capital market Commission for all major financial conglomerate to internal transactions, financial and capital market Commission shall consult with other relevant supervisory bodies, if the obligation to notify all relevant internal financial conglomerate transactions imposed on financial conglomerates to the regulated company within whose registered office is outside Latvia. Article 17. (1) The financial conglomerate's flagship company, which is the Coordinator of the financial and capital market Commission, develop and implement risk management processes and internal control system at the level of the financial conglomerate.
(2) the Risk management processes are: 1) developed, approved and periodically revised policy strategy and policy;
2) developed the capital adequacy policy to determine the business impact of the strategy and to ensure the risk of this law and the financial and capital market Commission's statutory capital requirements;
3) developed appropriate procedures for monitoring risk in a financial conglomerate and the implementation of measures to provide for joint risk monitoring systems in all countries subject to supplementary supervision in the company and to the risks can be measured, monitored and controlled at the level of the financial conglomerate.
(3) the internal control in the financial conglomerate shall ensure that: 1) procedures that allow you to identify, assess and manage all significant risks and determine the risk for the same amount of capital;
2) accounting procedures that allow you to identify, assess, monitor and control the intra-group transactions and the risk concentration in the financial conglomerate, and reporting procedures.
(4) the financial and capital market Commission controls to all in accordance with article 3 of the law subject to supplementary supervision in the company, which is part of a financial conglomerate, the Coordinator of which is Financial and capital market Commission, would have introduced adequate internal control system, which allows you to obtain data and information that may be necessary for the supplementary supervision. 18. article. (1) The Management Board of the financial holding company in the mixed, which is at the head of a financial conglomerate, the Coordinator of which is the financial and capital market Commission, there may be a person: 1) which are competent in matters of financial management;
2) which requires higher education and at least three years of professional work experience in appropriate size company, organization or institution;
3) which has a flawless reputation;
4) which is not deprived of the right of establishment.
(2) the financial holding company On a mixed Board member cannot be a person: 1) is convicted of an intentional criminal offence (also for malicious bankruptcy);
2) is convicted of an intentional criminal offence, although released from parole, pardon, amnesty or statute of limitations;
3) against whom the criminal case for intentional criminal offence terminated due to statute of limitations or amnesty.
(3) a mixed financial holding company, having its registered office in Latvia, within seven days after the election of a new Board members informed of the financial and capital market Commission.
(4) a mixed financial holding company or by the Council to the general meeting (if the Council has not created) has a duty to itself or at the financial and capital market Commission's request to immediately withdraw from the post of the Board members who did not meet the first or second part. 19. article. (1) a mixed financial holding company, whose registered office is in Latvia, is obliged by the financial and capital market Commission's request within them to provide information which is required of the financial conglomerate or the regulated company to ensure that the surveillance or has asked the Coordinator or management authority that regulated the financial conglomerate of constituent companies issued the licence, if the said institutions needed for duty entrusted to them.
(2) the information which the financial and capital market Commission received in accordance with the first paragraph of this article, be considered as restricted access and exchange of information in accordance with the rules of the sector. Chapter IV financial and capital market Commission for cooperation and exchange of information with foreign supervisory authorities article 20. (1) the financial and capital market Commission shall cooperate with the national supervisory authorities, which are responsible for the financial conglomerate under the supervision of the regulated company, and if the Coordinator is not financial and capital market Commission, — with the Coordinator, on request or on its own initiative, provide the information that is important for a financial conglomerate within the supplementary supervision of the regulated company.

(2) the supervisory organ of cooperation covering the collection and exchange of information on the following: 1) of the group structure of all major financial conglomerate within the company and the supervisory bodies to oversee financial conglomerates in the regulated company;
2) policy strategy of the financial conglomerate;
3) the financial situation of the financial conglomerate, in particular on capital adequacy, intra-group transactions, risk concentration and profitability;
4) within the financial conglomerate companies of major shareholders and management;
5) organisation, risk management and internal control system in the financial conglomerate;
6) procedures related to the collection of information from financial conglomerates and companies under the examination of this information;
7) adverse developments in regulated within a financial conglomerate in the company or other companies, which could seriously affect the regulated company;
8) decisions regarding the financial conglomerate within the company, the target of the supervisory organ shall be adopted in accordance with the provisions of this law or of the sector.
(3) to exchange information in the financial and capital market Commission requires the performance of his duties with regard to a financial conglomerate constituent regulated companies, financial and capital market Commission in accordance with the rules of the sector turns to the central banks of the Member States and of the European Central bank.
(4) prior to making decisions that are important to other supervisory authorities of the Member States for the performance of the duties of supervision, the financial and capital market Commission shall enter into consultation with the Member States ' supervisory authorities which issued the licences for regulated under the financial conglomerate companies, on the following issues: 1) such changes within the financial conglomerate of the regulated company in the shareholder, organisational or management structure, subject to financial and capital market Commission's acceptance or approval;
2) decisions on the financial conglomerate within the target companies, which involve a significant sector of the offences and the financial and capital market Commission, adopted in accordance with the rules of the sector.
(5) the financial and capital market Commission may be waived in part four of this article, the obligation to consult the national supervisory authorities, which have issued licences for regulated under the financial conglomerate companies, if the case is urgent or if consultation could compromise the effectiveness of the decision. In this case, the financial and capital market Commission decision shall immediately inform the supervisory authorities of the Member States which issued the licence the financial conglomerate under the regulated companies.
(6) the financial and capital market Commission, a financial conglomerate within the supplementary supervision of the regulated company, ask for a management authority of the Member State in which the parent company of the financial conglomerate, the financial conglomerate's parent company the information necessary for the Coordinator's duties. 21. article. (1) If, in applying this law, financial and capital market Commission verified information about a regulated company or another company which is part of a financial conglomerate and is situated in another Member State, it shall ask the Member State to carry out the surveillance authority.
(2) the financial and capital market Commission may participate in the examination, on the basis of its request, perform other management authority of the Member State.
(3) the financial and capital market Commission shall have the right, at its own initiative or by a Member State at the request of the supervisory authority to check the information on regulated companies or other companies that are part of a financial conglomerate and is situated in Latvia, according to competency through examination or allowing it to carry out its supervisory authority of the Member State where the request is made, or inspection by the Auditors or experts.
(4) a management authority of the Member State that made the third part of this article the request, participate in the verification when it does not carry out the verification itself. 22. article. (1) where a financial conglomerate is the regulated company violates this law or the financial and capital market Commission rules or if the requirements are met but solvency of the regulated company may be at risk, or where the intra-group transactions or risk concentrations threatening the regulated company financial situation, financial and capital market Commission, at the request of the Coordinator or on its own initiative, if it is the Coordinator, shall take the necessary measures with regard to regulated companies that issued the license, and in relation to mixed financial holding company, whose registered office is in Latvia.
(2) if necessary, the financial and capital market Commission in the first part of this article, determine the necessary measures into line with other supervisory bodies of the Member States which issued the licence the financial conglomerate under the regulated companies.
(3) the financial and capital market Commission asks to the Coordinator or other supervisory bodies that regulated the financial conglomerate of constituent companies issued the license, shall take the necessary measures to prevent the risk of the regulated company solvency, that financial and capital market Commission issued the license. 23. article. (1) where the parent of the regulated company registered office is outside the Member States, the Financial and capital market Commission or the Member State supervisory body pursuant to article 11 of this law would be the Coordinator if regulated commercial companies and the parent company of the financial conglomerate created, check that the regulated company subject to supervision equivalent to that laid down in this law.
(2) the first paragraph of this article check financial and capital market Commission carried out by group or the parent company regulated by request or on its own initiative, in consultation with the other supervisory bodies of the Member States which issued the licence for regulated under the Group companies and the European Commission, the Committee of the financial conglomerate, as well as respecting the European Commission financial conglomerates Committee developed guidelines.

(3) if the country in which the Group's parent company, the registered office of the regulated company in the group is not subject to supplementary supervision, which is equivalent to this statutory supervision, financial and capital market Commission under the Group of regulated companies apply this statutory supplementary supervision of the regulated company. Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 16 December 2002, Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC as well as directives of the European Parliament and of the Council 98/78/EC and 2000/12/EC. The law adopted by the Parliament of 9 June 2005. The President of the Parliament instead of the President i. Otter in Riga on 28 June 2005, the