Advanced Search

Society And Foundation Date Of Entry Into Force Of The Law Of Procedure Law

Original Language Title: Biedrību un nodibinājumu likuma spēkā stāšanās kārtības likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
 
The Saeima has adopted and the President promulgated the following laws: law on associations and foundations of the entry into force of the law of procedure chapter I. General provisions article 1. The purpose of the law this law aims to regulate the transition period during which public organizations or associations thereof is recorded in the register of associations and foundations, as well as to determine the applicable law in the transitional period.
2. article. Recording in the register of associations and foundations with the society and Foundation date of entry into force of the law on associations and foundations entered in the register of associations and foundations in accordance with the society and Foundation law and this Act.
3. article. Society and Foundation Registry Office (1) the registration procedure in matters not regulated by this law and the law on associations and foundations of the rules on associations and foundations register, the law "on the enterprise register of the Republic of Latvia".
(2) associations and foundations register authorities issued a registration certificate is the document in accordance with the procedure prescribed by law for the amendment of the relevant public registers and other documents.
(3) to the end of the transition period (article 9, first paragraph) society and Foundation Law article 17, the third subparagraph shall not apply and the decisions on entry in the register of associations and foundations, for refusal to do this record, or for entry of the suspension shall be taken within 30 days of the date of receipt of the application.
4. article. Social organizations and associations of the registration in the register of public organizations (1) the law "on public organizations and their associations" for newly created or the result of reorganisation created public bodies or associations of public organization registration in the register of public organizations with the society and Foundation date of entry into force of the law is not permitted.
(2) the register of public organizations allowed to register new first paragraph of this article, if the subject of a decision on its establishment taken up society and Foundation date of entry into force of the law and the registration application is filed not later than one month after the society and Foundation date of entry into force of the law.
(3) the register of public organizations authorized to register the master document amendments and other changes, if the registration application is filed not later than two months from the society and Foundation date of entry into force of the law.
(4) If, after the second and third subparagraphs of this period is the adoption of the decision on suspension of registration failures, application documents submitted by deficiencies not later than one month. After the period for the submission of documents in public bodies or public organization or association Basic Act amendments and other changes to registration is not allowed.
5. article. The term understanding of the society and Foundation law, the terms "society" and "establishment" comply with other regulations used the term "public organization", as well as the concepts of "public organisations" and "non-governmental organization".
6. article. Duty of entities from the public registry is the Organization moved to the society and Foundation in the register are exempt from State fees for the renewal and amendment of other national registers.
7. article. The law applicable during the transitional period (1) social organizations registered in the register of public organizations and their associations and associations for their recording in the register of foundations and the applicable laws governing the public organizations and their associations, if this law provides otherwise.
(2) the register of associations and foundations registered entities with a recording time of the society and the Foundation shall apply the provisions of the law.
Chapter II. Transition social organizations registered in the register of public organizations and their associations article 8. Social organizations and associations (1) transformation of social organizations registered in the register of public organizations or associations of public organizations with membership meeting (plenary meeting) is converted to a society or Foundation and log on to record in the register of associations and foundations, or by the members meeting (plenary meeting) decision to launch such organisations (associations), in applying for the registration of social organizations in the register.
(2) the decision on the public bodies or associations of public organization transformation and new statutes or articles of Association amendments necessary for public organizations or public organisations apply for recording in the register of associations and foundations, adopted at a meeting of members (the general meeting) with a simple majority of those present. The meeting of members (the general meeting) the sasaucam public bodies or associations of public organizations under the procedures laid down in the statutes. Again convened members ' meeting (the general meeting) is valid, without applying the provisions of the Statute of the required quorum, if at least two members.
(3) the decision on the public bodies or associations of public organization of the society or the transformation of the Foundation shall enter into force on the date on which this information is recorded in the register of associations and foundations. After the amendment of the statutes or the new version of the meeting of members (the general meeting) and other governing bodies of decisions under the new (or amended regulations) of the procedures laid down in the statutes.
(4) if the public body or public organisations are not inconsistent with the statutes of the society and the Foundation Statute and statutes are amended, other public body or public organization Association only accepts the decision about public bodies or public organizations, associations or foundations for the transformation of society.
9. article. Social organizations and associations recording in the register of associations and foundations (1) social organizations registered in the register of public organizations or public organization Association of record in the register of associations and foundations on the basis of an application to be submitted to the register of associations and foundations of the institution until 31 December 2005.
(2) application for the recording in the register of associations and foundations signature all associations or Foundation officials, which is the right of representation.
(3) the application for recording in the register of associations and foundations noted society and Foundation provided for in article 15 of the law, as well as the registration number of the social organizations in the register.
(4) the application shall be accompanied by: 1) membership meeting (plenary meeting) decision on public bodies or public organization Association of recording in the register of associations and foundations;
2) full text of the Statute, unless they are amended or statutes are adopted;
3) other members ' meetings (plenary meeting), if they accepted the decision of the society or the Foundation to coordinate activities with the Statute.
(5) If the register of associations and foundations in the society or the burn Foundation is re-registered from social organizations register, the moment this recording entity concerned to be excluded from social organizations and the register entry is made in the register of public organizations.
(6) the register of associations and foundations of the subject is relevant in public organisations or transformed public organization Association of accepting the rights and obligations.
10. article. Member and founder of the status (1) If a public body is transformed into the society, all public members to the society for the recording in the register of associations and foundations become members of the society. The founders of such associations constitute the relevant public bodies founder.
(2) if the public body is transformed into a Foundation, all the public members with the Foundation of the society and Foundation of the recording in the register becomes the Foundation's founders.
11. article. Territorial unit (1) with public bodies or public organization Association of recording in the register of associations and foundations in the public bodies or associations of public organization of territorial unit loses the status of a legal person.
(2) a public body or public organization Association of recording in the register of associations and foundations Department of territorial rights and obligations over the relevant association or Foundation.
12. article. The processing of applications by the submission deadline (1) society and Foundation registry office shall consider any applications submitted article 9 of this law referred to in the first subparagraph within the time limit. Applications submitted after that date will not be considered.

(2) if the public body or public organization Association application for recording in the register of associations and foundations presented by article 9 of this law, the time limit referred to in the first subparagraph, the register shall decide on the refusal to make the record. After the entry into force of the decision and become the undisputed, the applicable rules for public bodies or public organization Association of dissolution and removal from the register of public organizations (article 13).
(3) if the application for recording in the register of associations and foundations filed within the time limit set by law, but deferred entry, giving a deadline for the correction of deficiencies, which ends after this law, article 9, first paragraph, of that period and specified documents are not submitted within the time limit specified or they do not comply with the provisions of the Act, the decision is taken to refuse to make an entry.
(4) in the third subparagraph, in the cases referred to in the decision adopted on the record of the suspension is not allowed.
13. article. Public bodies or public organization Association of dissolution and removal from the register of public organizations (1) if the public body or public organization Association of this law, article 9 the first paragraph is not applied for within the time limit set to record in the register of associations and foundations and social organizations registry shall not apply for its winding up or have entered into force and became the undisputed decision on refusal to make a record in the register of associations and foundations , social organizations or associations of public organization eliminates this article.
(2) the day after article 9 of this law in the first part of the period referred to in social organizations or associations of public bodies shall be deemed to constitute the out. A list of such organizations public organizations registry office shall be published in the newspaper "Gazette", indicating: 1) public bodies or associations of public organization registration number and name;
2) that, within three months from the date of publication, the creditors may lodge their claims (the third part of this article).
(3) within three months from the list referred to in the second subparagraph the date of publication of all relevant public bodies or public organization Association of vendors and tax authorities may notify the public body in the register's Office for their property claims against social organizations or public organisations.
(4) If the third subparagraph within the time referred to in social organizations registry office any notices regarding the property claims are not received, social organizations or public organisations to associations and foundations register under the Authority's decision to exclude from public organizations registry without recording in the register of associations and foundations.
(5) in the case referred to in the third subparagraph within social organizations registry office has received notification of the financial claims and up to 31 December 2005 not made public bodies or public organizations, associations, public organizations the liquidation or social organizations Association under the associations dissolved and Foundation law.
(6) the assets remaining after the public body or public organization Association of liquidation and removal from the register of public organizations in accordance with the provisions of this article, comparable to the bezmantiniek in accordance with Section 417 article.
Chapter III. Special provisions article 14. Unfinished (1) the process of winding Up of the Association and Foundation date of entry into force of the law to initiate and social organizations register log on public organizations and their associations in the process of liquidation shall be completed by 31 December 2005, in applying for the registration of social organizations in the register.
(2) a society and Foundation date of entry into force of the law of the social organizations and associations on the winding-up of the meeting members (the general meeting) decision is based is to be completed by 31 December 2006, in applying for the registration of social organizations in the register.
(3) the first and second part of winding-up proceedings referred to in the laws governing public organizations and their associations, and the provisions of the Statute, which was in force when the decision on the date of the winding up.
(4) If the first and second periods in the winding-up process is complete, the next day after the expiry of the public organization or Association of public organizations do not have the right to take action for infringement of these rules and it is called at the statutory responsibility for activity without registration.
15. article. Political organizations (parties) this law does not apply to political organizations (parties).
Transitional provisions 1. Cabinet-2004 April 1 develop and submit to the Parliament a draft law on political parties and on the necessary amendments to other laws.
2. by the adoption of the law on political organizations (parties) will continue to work in accordance with the law "on public organizations and their associations" in terms of political organisations (parties).
3. Until the adoption of the Act concerned, those associations and foundations, on which the modified professional creative organizations and their associations, as well as sports organizations and public associations, the law "on public organizations and their associations" — article 57.1 57.5 the third subparagraph of article 58 and article 60.
4. The Ministry of Justice and to the development of the society and Foundation date of entry into force of the law to be published in the newspaper "journal" society and the Foundation Statute, which can be used to prepare the statutes of the Association and Foundation for entry in the registry.
The Parliament adopted the law of 22 January 2004.
State v. President Vaira Vīķe-Freiberga in Riga 2004, on 5 February, the Editorial Note: the law shall enter into force on 19 February 2004.