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Amendments To The Law "on State And Local Government Owned Capital Shares And Enterprises"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību kapitāla daļām un kapitālsabiedrībām"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on State and local government owned capital shares and enterprises" to make the law "on State and local government owned capital shares and enterprises" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2002, No 21) as follows: 1. Replace the entire law, the word "Finance" with the word "financial".
2. Put in article 1, first paragraph, paragraph 6 by the following: "6) private corporation — a corporation in which the shares or shares owned: a) more authorities, b), (c) the State and local Government to the State, municipalities and) other people;".
3. Supplement article 10, second subparagraph, the words ' If this law or other laws provide otherwise ".
4. Add to article 11, the second subparagraph with the words "If this law or other laws provide otherwise".
5. Express article 12 fifth paragraph as follows: "(5) the remuneration of the capital of the State of the holder's representative and the employee responsible private corporation charged the Ministry in the annual State budget appropriations allocated to the Ministry of law, but public shareholders of the Corporation's representative and the employee responsible, from the funds of the Corporation. Remuneration of the capital of the country representative of the holder and the responsible employee shall be determined in accordance with the provisions of the Cabinet of Ministers under the corporations (the Group's) representative of the size criteria. "
6. Make article 13, third subparagraph by the following: "(3) the Minister for Consideration as part of the national capital, a representative of the holder is determined by the Cabinet of Ministers under the corporations (the Group's) representative of the size criteria."
7. in article 14: make the second paragraph as follows: "(2) the City Council can pass local shareholders in the decision-making rights of the City Council, the head of the Department, which has been entrusted to the municipality-owned capital management."
replace the third paragraph, the words "referred to in the second subparagraph of article by the head of the institution" with the words "referred to in the second subparagraph of article by the head of the Department" and the words "local authorities" — the driving duties with the words "the Municipal Department head duties";
replace the fifth paragraph, the words "referred to in the second subparagraph of article municipal authorities by the driver from his authority among the staff" with the words "referred to in the second subparagraph of article Municipal Department head from his departmental employees";
express the sixth part as follows: "(6) the remuneration of the capital municipality of the holder's representative and the employee responsible, its size is determined in accordance with the provisions of the Cabinet of Ministers under the corporations (the Group's) representative of the size criteria may be paid: 1) where municipal authorities approved the annual appropriations allocated in the budget;
2) from this Corporation;
3) from other municipal resources. ";
to supplement the article with the seventh subparagraph by the following: "(7) in the second case referred to the municipality itself may provide shareholders and representatives of responsible employees of the nature and amount of remuneration."
8. Express article 15 the fourth part as follows: "(4) the remuneration of shareholders representative and responsible employee private Corporation paid the institution from its own funds, but shareholders of representative and responsible employee of the State or municipal corporation — from this Corporation. Remuneration of shareholders representative and responsible employee shall be determined in accordance with the provisions of the Cabinet of Ministers under the corporations (the Group's) representative of the size criteria. "
9. in article 28: adding to fifth with the sentence the following wording: "in this case, the State or municipal corporations statutes (including amendments) sign a shareholders ' representative.";
Add to sixth with the sentence the following wording: "in this case, the State Corporation statute (including amendments) the signature of the Minister, who led the Ministry's State corporations shareholders.";
to supplement the article with the seventh subparagraph by the following: "(7) of this article, the fifth and sixth part of officials mentioned in the caption is a publicly attested (144. Commercial Law article of the third part of the second sentence)."
10. Express article 31, second subparagraph by the following: "(2) If a State or local public limited liability share capital is paid to the contribution that the total value does not exceed 10 000 LVL, the investment rate and can provide shareholders."
11. the title of chapter V be expressed by the following: "chapter V. The Corporation's auditor, the cost of funds and the use of profits ".
12. To supplement the law with article 36.1 as follows: "article 36.1. The cost of funds of the Corporation's shareholders (1) a State or local government capital funds capital may be paid to the holder pursuant to article 182 of the commercial law limits laid down in this article and the provisions of the second paragraph.
(2) a State or municipal corporation the amount set by the Cabinet of Ministers may transfer capital to the holder of the funds necessary for the payment of the remuneration of the capital of the Corporation is a shareholder representative and responsible employee. "
13. Add to article 38 of the fourth and fifth by the following: "(4) the register of members of the public are entitled to acquaint shareholders ' representative, responsible employee, shares the holder's authorized representative, the Board and the members of the Council, Auditor, as well as to the competent public authorities.
(5) the holder of the shares representative of the responsible employee and shareholder of capital authorized representative has the right to Executive Board authorized to certify an extract from the register of members of the public about the State or municipality-owned parts of the society. "
14. Replace article 42, the words "shareholders" with the words "meeting of members".
15. Add to article 43 of the second, third, fourth and fifth paragraph by the following:

"(2) if the company's share capital shall be increased in the first part of this article referred to in paragraph 1, the share capital increase for all participant to be paid within one month from the date of the meeting participants adopted the decision on the increase of the share capital.
(3) State or local shareholders is not required to submit an application to the public part of the capital (commercial law article 200).
(4) a member of the society of the new part of the entry in the register of members on the basis of documents certifying the payment of the part.
(5) If a member of this article within the time limit referred to in the second paragraph is not fully paid in all the new parts, it is considered that the company's share capital is increased. "
16. Article 44 of the expression by the following: ' article 44. The application of the commercial register authority of the increase of the share capital when the decision on increase of the share capital adopt the Cabinet of Ministers (article 49), the application must register the increase of the share capital of the authority accompanied by the Cabinet decision on the increase of the share capital and on amendments to the statutes of the society. "
17. Article 46 of the expression as follows: "article 46. Notice of share capital in the commercial register of the authority if the decision on the reduction of the share capital reduction adopted by the Cabinet of Ministers (article 49), the communication authority of the commercial capital reduction accompanied by Cabinet of Ministers decision on the reduction of the share capital and on amendments to the statutes of the society. "
18. the express article 47 the second subparagraph by the following: "(2) the members ' meeting competence existing decisions of the shareholders ' representative."
19. Article 48: make the first part of paragraph 3 as follows: "3) Board members, Chairman of the Board, the appointment and removal of the Managing Director;"
Add to the first paragraph 7, 9 and 10 point with words "(except where the statutes approved by the Cabinet of Ministers)";
make the second paragraph as follows: "(2) the members of the Executive Board, request the meeting shall consider and take decisions on issues that also for decision to the Management Board members the meeting required prior consent (article 64)."
20. Supplement article 49 by the third part as follows: "(3) If under the law of the national society statutes approved by the Cabinet of Ministers, it also adopted decisions on: 1) the reorganization of the company;
2 increase the company's share capital) and reduction. "
21. Replace article 52 the sixth paragraph, the words "shareholders" with the words "meeting of members".
22. Replace article 54 in the seventh paragraph, the words "shareholders" with the words "meeting of members".
23. Add to article 56, the second part of paragraph 4 by the following: "4) Chairman of the Board or the Managing Director, if you recall this meeting shall appoint a new Chairman of the Board or Managing Director."
24. Supplement article 61 with the fourth paragraph as follows: "(4) the Chairman of the Board or the Managing Director is all in this article and this law, in article 62. — 64 delegated rights and responsibilities."
25. in article 67: put the name of the article as follows: "article 67. The shareholders ' register ';
to supplement the article with the second and third subparagraphs by the following: "(2) a register of shareholders is entitled to consult the shareholder representative, responsible employee, shareholder's authorized representative, the Board and the members of the Council, Auditor, as well as to the competent public authorities.
(3) representative of the holder of the shares, the responsible employee and shareholder's authorized representative has the right to Executive Board authorized to certify an extract from the register of members of the public about the State or municipality-owned shares in the company. "
26. Article 71 of the turn in the third paragraph, the word "part".
27. Article 73: put the name of the article as follows: "article 73. Share capital increase and reduction conditions ";
replace the first paragraph, the words "shareholders" with the words "general meeting";
to supplement the article with the second, third, fourth, fifth, sixth and seventh subparagraph by the following: "(2) by increasing the company's share capital, the share capital increase for the shareholders to be paid within one month from the date of the shareholders ' meeting adopted a decision on the increase of the share capital.
(3) State or local shareholder is not required to subscribe to a new issue of shares (article 260 of the commercial law).
(4) new shares of the company by a shareholder of record in the register of shareholders on the basis of documents certifying the payment of the shares.
(5) If the shareholders referred to in the second subparagraph of article is not fully paid within the time limit all new shares, it is considered that the company's share capital is increased.
(6) If a decision on increase of the share capital adopt the Cabinet of Ministers (article 77), the application must register the increase of the share capital of the authority accompanied by the Cabinet decision on the increase of the share capital and on the amendment of the company statutes.
(7) If a decision on the reduction of the share capital adopt the Cabinet of Ministers (article 77), the communication authority of the commercial capital reduction accompanied by Cabinet of Ministers decision on the reduction of the share capital and on amendments to the statutes of the society. "
28. the express article 75, the second subparagraph by the following: "(2) the competence of the general meeting decisions are representative of the holder of the shares."
29. Article 76: Add to the first part of paragraph 3 after the words "the members of the Council" with the words "[except where Council members are appointed by the Cabinet of Ministers (article 89)]";
Add to the first paragraph 6, point 9 and 10 with the words ' (except when a Statute approved by the Cabinet of Ministers) ";
make the second paragraph as follows: "(2) the shareholders ' meeting upon the request of the Executive Board shall consider and decide such matters within the competence of the Board, that the Board needed for decision by the Council or the prior consent of the general meeting (article 98)."
30. Add to article 77 of the third part as follows: "(3) If under the law of the national society statutes approved by the Cabinet of Ministers, it also adopted decisions on: 1) the reorganization of the company;
2 increase the company's share capital) and reduction. "
31. Article 79: replace the third paragraph, the words "this issue" with the words "the convocation of the general meeting";
in the fourth paragraph, replace the words "share holders" with the words "shareholders ' meeting".
32. Replace article 82 in the seventh paragraph, the words "share holders" with the words "shareholders ' meeting".
33. To supplement article 89 the second part of the second sentence by the following:

"The Cabinet of Ministers appointed and repealing Council members, if this is provided for by law."
34. Replace article 95 the second paragraph, the words "shares" with the words "meeting" of shareholders.
35. Article 100: replace the second paragraph, the words "shareholders" with the words "the members (shareholders) meeting";
replace the words "the third subparagraph shall be appointed by the Municipal Council (the Council)" with the words "appoint the members (shareholders) meeting";
in the fifth subparagraph, replace the words "shareholders" with the words "the members (shareholders) meeting."
36. Replace article 107, first paragraph, the words "the shareholders" with the words "the members (shareholders) meeting, with the exception of this law, article 49 and 77 cases provided."
37. Article 108: replace the first paragraph, the words "shareholders" with the words "the members (shareholders) meeting, with the exception of this law, article 49 and 77 cases provided";
to supplement the article with a new second subparagraph by the following: "(2) the Municipal Council (the Council) decides on the initiation of the municipal corporation Division.";
consider the second part of the third part.
38. Article 109: replace the first paragraph, the words "shareholders" with the words "the members (shareholders) meeting";
replace the second paragraph, the words "adopted the Municipal Council (the Council)" with the words "adopt the members (shareholders) meeting."
39. To complement the article 110 of the launch after "reorganization" with numbers and words "(article 107 and 108)".
40. in article 111: replace the first paragraph, the words "shareholders" with the words "the members (shareholders) meeting";
supplement the last sentence of the first paragraph with the words "If the reorganisation process involved only a single existing Corporation";
replace the second paragraph, the words "the Municipal Council (the Council)" with the words "the members (shareholders) meeting";
supplement the last sentence of the second paragraph with the words "If the reorganisation process involved only a single existing Corporation";
to supplement the article with a fifth by the following: "(5) If a reorganisation process in the State, established in this law or in article 49.77, decision adopted on these issues, the Cabinet of Ministers."
41. in article 115: replace the first paragraph, the words "shareholders" with the words "the members (shareholders) meeting";
replace the second paragraph, the words "the Municipal Council (the Council)" with the words "the members (shareholders) meeting."
42. Replace article 117 of the second subparagraph of paragraph 1, the words "intended" with the words "proposed decisions".
43. transitional provisions be supplemented with 11.1 points as follows: "If the State Corporation of 11.1 capital has been transferred for disposal or privatisation and laws provide that a transfer or a set of the privatisation process of the capital (share) amount transferable State pension special budget, then this part of the capital is the State social insurance agency, but the rest have not yet seized or privatised public shareholders are national capital transfer to requesting institution."
Transitional provisions with the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 578 "amendments to the law" on State and local government owned capital shares and enterprises ' "(Latvian Saeima and the Cabinet of Ministers rapporteur, 2003, no. 6).
The Parliament adopted the law of 12 June 2003.
State v. President Vaira Vīķe-Freiberga in Riga on July 3, 2003, editorial comment: the law shall enter into force on 17 July 2003.