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

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
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; No 5, 2001) the following amendments: 1. To supplement the first chapter of the second part of paragraph 1 by the following text: "as well as the decisive effect of the registration in accordance with the group law;".
2. in article 1: Add to the first subparagraph, the first sentence after the words "business register" with the words "(hereinafter register)";
Replace in the second sentence of the first subparagraph and the following articles, the words ' the enterprise register of the Republic of Latvia "(fold) with the words" business registers "(the fold).
3. in article 2: express the first, second and third subparagraph by the following: "the company (the company), branches and representative offices registered upon their jurisdiction in the location of the business register Division.
Business register Division area is determined by the register of companies, the main State notary, which shall be published in the order of "journal".
Company (company) affiliates registration can also take place in the jurisdiction chapter of the business register according to the main company (the company) legal address. ";
to supplement the article with the new fourth subparagraph by the following: "amendments to basic documents recorded in the register of companies section where a registered company (company), a branch or a representative office. These provisions shall also apply to all cases of a reorganisation. ";
consider the current fourth and fifth respectively on the fifth and sixth.
4. Express 2.3 article as follows: "article 2.3. Pledge registration with the registry of the pledge Pledge in accordance with the procedure laid down in the law led companies. "
5. To supplement the law with 2.4, 2.5, 2.6, 2.7 and 2.8 of the article as follows: "article 2.4. The concession contract concessions contracts registration recorded in the business register of notaries public.
The concession agreement entered in the register the following particulars: 1) the concession name, its resources;
2) concession contract period;
3) concession contract amount in LCY and currency (if one is shown);
4 the rights granted to the concessionaire);
5) Cabinet of Ministers decision on the transfer of the concession the concession's resources and for the conclusion of a concession agreement, decision number and date;
6) the cabinet authorized the institution name, where a switch of concession contracts, and the legal address;
7) the concessionaire's name, registration number and registered in the register of companies.
2.5 article. The decisive effect of the registration in the business register of notaries public shall make a crucial impact in accordance with the Group's registration law and regulations.
2.6 article. Matrimonial property regimes of matrimonial property registration records of Cabinet established under civil law and regulations led the business register.
2.7 article. Commercial Register of companies fighting under this Act, the commercial law and other regulations, led the enterprise register.
2.8 article. Foreign merchants and organizations and representatives of missions of foreign economic operators registration and organization of the representation and registration of representatives Cabinet established undertaking. "
6. Article 4: to make paragraph 1 by the following: "1) adopted the laws laid down for handling documents of the company (the company), their affiliates and representative offices for registration;"
adding to the third sentence of paragraph 5, after the words "the company" with the word "(company)";
Supplement 7 to the words "carried out the registration entries to the journal, the business register registers the competent national authority decisions and orders about a ban, if applied to the prohibition marks recording with the register of enterprises, as well as the seizure of the capital and arrest;"
to make 8 and 9 paragraph by the following: ' 8) in the event of non-compliance with jurisdiction, not submitted all the required documents, they do not meet the requirements of the law, the decisions contained therein does not meet the requirements of the law or company registry log record to the competent authorities of the decision or order that provides for obstacle to register amendments to the decision on the refusal to register the documents presented or make a record of the registration business registry log;
9) excluded from the register of companies, undertakings (companies), their affiliates, or the representative of the Department in making the appropriate entry in the register of companies; ";
Add to paragraph 10, after the word "the" with the words "in the press about the company (companies) products";
make the following point 12: ' 12) recorded media, concession agreements, in accordance with the laws of the group — a decisive influence and participation, leading social organizations register, the register of matrimonial property, pledge register, commercial register and other registers, which are transferred to the register of enterprises, as well as perform other functions assigned by law. "
7. in article 6: Add to point 1 of the first subparagraph after the word "name" with the words "the registration number and the date";
replace the first part of paragraph 5 and 6, the word "address" with the words "legal address";
replace the first subparagraph of paragraph 8, the words "address and citizenship" with the words "address, social security number and nationality";
make the first part of paragraph 9 by the following: "9) the officials and members of the Association name, address, social security number and title, which received power [the right to be represented by a company (company a)].";
replace the second part of paragraph 1, the word "address" with the words "legal address";
Replace paragraph 3 of the second paragraph, the word "residence" with the words "address, personal ID code";
turn off the second part of paragraph 4 and 5;
replace the third subparagraph in point 1 the words "and the address" with the words "address and personal code";
Replace paragraph 2 of the third paragraph, the words "location" with the words "legal address";
to make the fourth subparagraph, the first sentence as follows: "the company (the company) on the expiry of the business register's log entry:";
to make the fourth parts 1, 2 and 3 as follows: "the decision of the Court of 1) administrator's appointment and removal, as well as the administrator's first name, last name, ID number, address, place of business, but if the administrator is a legal person, the name, registration number and registered office, as well as the above information about the administrator's representatives in the insolvency proceedings;
2) judgment of the Court of the company (the company) a declaration of bankruptcy, the creditors ' meeting decision on the company's (the company) the commencement of bankruptcy proceedings, bailout plan, on amendments to the bailout plan, on restoration, the extension of the Court's decision on the company's (the company) accomplishment of the bankruptcy proceedings for the termination of the insolvency proceedings;
3) decision on the company's (the company) winding up and liquidation, as well as the liquidator of the first name, last name, ID number, address and signature of the law, but if the liquidator is a legal person, the name, registration number and registered office, as well as the above information about representatives of the liquidator in the winding-up; "
to supplement the article with the sixth, seventh, eighth and ninth subparagraph by the following: "for a decisive influence on the basis of participation in the register of companies in the journal entries: 1) decisive influence;
2) ruling and independent of the company name.
On the decisive influence to the group contract company registry log entry: 1) group contract type;
2) ruling and independent of the company name.
If the person is a natural person, business registry log records the passport or equivalent document it name, Publisher, and release number.
Company registry log entry date when registered master document or amendment done recording corporate registry log, as well as what made the registration entry. "
8. in article 7: turn off in the first paragraph, the words "physical person's passport (identity card) or of light";
to make the second, third, fourth and fifth paragraph by the following: "an application for the registration of the company (the company) to be signed by all founders except when the application is signed by another person on the basis of a mandate issued by the notary public or when founders have signed the register of enterprises submitted by the founding meeting (decision on the Treaty), which includes the authority to another person to sign the application for registration. Notarial mandate issued in occasion of the registration application.
Application for amendment of registration of basic documents and registration in the business register of records in the log signature of the official of the company that (companies) received power, or meeting (decision) the authorised person, in the light of this article fourth and fifth part.

The application for registration of the sign personally must: 1) participant who withdraws from the company;
2 the owner of the company) one previous owner, if the owner of the mark applied for;
3) participants (shareholders), which adopted the decision on the amendments to the share capital;
4) participants (shareholders, owners, members), which adopted the decision on the amendment of the company's (the company) paraksttiesīg persons or their signature law [law represent companies (companies)].
The fourth paragraph of this article shall not apply if the application is signed by another person on the basis of a mandate issued by the notary or such person has also signed the register submitted to the meeting of the Protocol (decision) or its derivatives, containing the decision. Notarial mandate issued in occasion of the registration application. ";
Add to sixth with the sentence by the following: "foreign public documents issued by the duly legalized if international agreements provide otherwise.";
to supplement the article with the eighth and the ninth subparagraph by the following: "the Person who signed the application for registration, or submit documents to the Registrar of companies in accordance with the procedure laid down by law, is responsible for the documents submitted and the accuracy of the information contained therein.
Registering a decisive influence, the group law and the provisions of this law. "
9. 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;
3) the documents submitted meet the requirements of the law;
4) contained the documents submitted on the basis of which the decision was made to registration records in the register or amendment of the documents submitted to the Registrar of companies, meets the requirements of the law;
5) is not registered in the register of companies of other legal obstacle. ";
replace the second paragraph, the words "register" with the words "notary public business register notaries public";
Add to the second part of the text by the following: "the decision for entry into force on signature, unless the decision is not for the later date of entry into force or the date of entry into force depends on another's decision takes effect. In this case, the question mark on the companies registry entries. Date of entry into force of the decision of the time should not be longer than one month from the date of the decision. ';
make the third paragraph as follows: "companies can sort logs electronically.";
in the fourth paragraph, replace the words "notary public of the register" with the words "notary public business register" and the words "notary public" register — with the words "notary public business register";
adding to the fourth subparagraph with the sentence the following wording: "If a company (the company) submits this statement even for the error in the registration process, the error can be corrected immediately."
replace the sixth paragraph, the words "notary public of the register" with the words "notary public business register";
replace the seventh paragraph, the words "financial inspections" with the words "internal revenue service";
replace the eighth number and the word "the" in paragraph 2 by the words "the second subparagraph";
turn off the ninth;
Add to tenth after the word "force" with the words "third party".
10. Article 9: to make the first part of the first sentence by the following: "after the Saeima, the Cabinet of Ministers, law enforcement and control authorities at the request of the business register, free of charge, provides all the information you need about any registered company (company) and the group.";
to make the fourth subparagraph by the following: "other legal entities, which can also provide information about companies (companies), their branches and representative offices, the media, the public and their associations, organizīcij groups, as well as the amount of information and procedure determined by the Cabinet of Ministers."
11. Replace the second sentence of article 10, the words "main public notary" with the words "main business register notaries public".
12. Article 11 shall be expressed by the following text: "If the laws and other regulations in the order recognized that the register of officers was illegal and held that the behaviour of the company (the company), the Group has incurred losses, they are recoverable."
13. To supplement the law with the fourth chapter, as follows: "the fourth chapter of the commercial carriage article 13. Jurisdiction of registration, merchant and affiliate's entry in the commercial register according to their location in the jurisdiction of the business register Division.
Business register Division area is determined by the register of companies, the main State notary, which shall be published in the order of "journal".
Recorded in the commercial register in the affiliate merchant you can also record the business register Division jurisdiction according to the operator's legal address.
Articles of incorporation, amendments and other amendments in the commercial register entry in the register of companies section where you originally made the registration. These provisions shall also apply to all cases of restructuring.
14. article. Examination of the documents submitted by the documents submitted, register of companies, public notary shall ensure that: 1 the registration jurisdiction complied with);
2) all statutory documents;
3) the documents submitted meet the requirements of the law;
4) contained the documents submitted on the basis of which the decision was made to records in the commercial register or amendment of the documents submitted meet the requirements of the law;
5) is not registered in the business register another legal hurdle.
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).
If the registration jurisdiction have not been respected, not submitted all the required documents or documents submitted by form does not meet the requirements of the law, but these flaws are inevitable, the register of notaries public shall take a decision on the record of the suspension, while showing failures reasonable period, which may not be less than one month. If the documents are corrected, the lack is submitted after the deadline, the decision must pay a State fee.
If not apparent from the documents submitted that the decision taken does not comply with the legal requirements and these deficiencies are not eliminated, the register of notaries public shall take a decision on the refusal to make the commercial register entry. In such cases, the State fee is not refunded.
15. article. Records storage and records in the commercial register in the commercial register in electronic form shall register the National Notary, a record made by a written decision.
For entry of the decision shall enter into force upon signature by the moment when the State notary register of companies electronically certify the completeness and accuracy of records (authorized), unless the decision is not for the later date of entry into force or the date of entry into force depends on another's decision takes effect. In this case it shall carry out the appropriate tag to the commercial register entries.
Date of entry into force of the decision of the time should not be longer than one month from the date of the decision.
16. article. Commercial register entry in the commercial register entry of storage are stored in electronic form, and have the same legal effect as a decision on entry.
If the commercial register entry does not correspond to the decision on the entry of the decision is decisive.
Article 17. Merchant Registration case documents to add to the trader's registration documents to add to the case on the basis of which the entry in the commercial register are made, as well as other statutory documents.
18. article. The error records in the commercial register if the correction of the register records found a clerical error, register of companies, the public notary shall send a notice to the operator's legal address, stating: 1) what the error records in the commercial register;
2) as commercial register record will be corrected;
3) reasonable deadline for the lifting of the opposition.
If the merchant within the opposition do not travel, the business register of notaries public shall take a decision on the commercial register entry and make correction of the mark on the register entries.
A decision on entry in the commercial register of companies registry repair at its own expense, shall promptly publish in the Gazette "journal".
The first paragraph of this article shall not apply if a clerical error records in the commercial register established by the merchant.
19. article. Dispute procedures for the establishment of the register of notaries public may lodge a complaint with the register of companies, the main State notary.
On the main business register notaries public's decision on the records of the commercial register may submit a complaint to the Court. "
14. off 2 of the transitional rules.
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. 10 "amendments to the law" on enterprise register of the Republic of Latvia "(Latvian Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 5).
The law adopted by the Parliament of 14 June 2001.
The President's site

Parliamentary President j. stream in Riga on July 2, 2001 the law shall enter into force on 16 July 2001.

Related Laws