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The Amendments To The Law On Credit Institutions

Original Language Title: Grozījumi Kredītiestāžu likumā

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The Saeima has adopted and the President promulgated the following laws: the law of credit institutions to make the law of credit institutions (the Parliament of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, nr. 23; 1996, 9, 14, 23 no; 1997, no. 23; 1998, nr. 13) follows: 1. To supplement article 1 with 38 and 39 of the following paragraph: "38) tender — feature (alone or in combination with other means of payment), which allows its users to receive cash or other things to make or receive payments, order transfers of funds or approve the transfer of funds and which is accepted as payment, not the person placed into circulation this payment instrument. On the means of payment shall be cash, cheques, payment cards (credit card, debit card and other similar cards), ATM cards, payment documents, electronic money, electronic remote banking operations (global computer network or by using your computer or phone) software and other similar means;
39) electronic money electronic devices (smart card or computer memory) registered in the funds, which are passed to the user as a cash substitute and which can be used in electronic money transfers. "
2. Replace the law 1, 9, 11, 12, 13, 14, 15, 17, 19, 27, 29, 31, 32, 33, 37, 50, 55, 56, 50.1. and article 57, article 61, fourth paragraph 75, 76, 79, 85, 88, 89, 90, 92, 95, 98, 100, 101, 102.104, 105, 107, 109, 113, 114, 118, 119, 120.., 123, 124, 125., 126, 128, 129, 132, 133, 136, 145. 146, 147, 154, 157, 158, article and article 166 of the third and fourth paragraph, 168, 169, 177, 179, 180.., 181, 183.182.184.196 article, and the words "the Bank of Latvia" (fold) with the words "financial and capital market Commission" (fold).
3. Express the articles 7 and 8 of the following: ' article 7.  (1) credit institutions are binding in accordance with this law and other laws issued financial and capital market Commission regulations regulations and orders on the business of credit institutions ' regulatory requirements and describes the activities of credit institutions for the calculation and reporting procedures.
(2) credit institutions are binding in accordance with this law and the law on Latvijas Banka Bank of Latvia approved the laws, regulations and rules, instructions issued to ensure that the law and the law "on the Bank of Latvia" Latvijas Banka defined functions and tasks.
8. article.  It is the responsibility of the credit institution, the financial and capital market Commission and the Latvian Bank within the time limits to submit them all required information necessary for statutory financial and capital market Commission and the Latvian Bank functions. "
4. Turn off the article 38.
5. Supplement article 64, after the words "the Bank of Latvia" (fold) with the words "financial and capital market Commission" (fold).
6. turn off article 99.
7. Article 103 of the expression as follows: "article 103.  If you are suitable for enhanced monitoring of the financial and capital market Commission is empowered to do the following: 1) warn credit institution;
2) ask the Bank to suspend the issuance of the credit institution;
3) prohibit a credit institution to invest mazlikvīdo in assets;
4) restrict or prohibit the making of deposits to the credit institution to receive deposits;
5 restrict the issuing of credit) or to issue a credit to the credit institution;
6) ask the Bank to suspend credit accounts that use the correspondent accounts of the Bank of Latvia;
7) prohibit a credit institution to make payments and non-cash payments, which are used in the correspondent accounts in other credit and financial institutions;
8) to suspend partially or totally the other financial services. "
8. Express article 106 the following: ' article 106.  (1) the financial and capital market Commission authorized person at least once a year check the functioning of the credit institution.
(2) the financial and capital market Commission authorized person shall have the right to consult the documentation for all credit, assets and liabilities and to receive from the responsible parties for explanations and information about companies (companies), in which the credit institution is an investment.
(3) authorised by the Bank of Latvia has the right to check its regulatory guidelines and approved rules of the credit institution, as well as to get acquainted with all credit documentation, assets and liabilities and to receive from the responsible parties to inspect the necessary explanations and information.
(4) the debtor of the credit register and the functioning of the credit institution in accordance with the Bank's rules and regulations approved instructions to the Bank of Latvia provides news on credit obligations of the debtor and their status.
(5) the Bank shall have the right to Latvian Bank rules and regulations approved by the instructions in the procedure laid down in part four of this article, the information referred to credit institutions.
(6) a credit institution has the right to directly or through specially created for this purpose through the institution of mutual exchange of information on debtors, their execution, as well as in all cases where the customer in whole or in part, does not comply with article 73 of this law. "
9. Article 108: make the second and the third part as follows: "(2) If a credit institution does not agree with the financial and capital market Commission inspection findings, it is entitled to submit a complaint to the financial and capital market Commission Council which is empowered to determine the new check or to decide on the amendment of inspection findings, or to reject the complaint.
(3) If a credit institution does not meet the financial and capital market Commission Council decision, it is entitled to appeal against that decision to the Court. ";
to supplement the article with the fourth and fifth by the following: "(4) If a credit institution does not agree with the opinion of the Latvian Bank checks, it is entitled to submit a complaint to the Council of the Bank of Latvia, which is entitled to impose new testing or to decide on the amendment of inspection findings, or to reject the complaint.
(5) If a credit institution does not meet the Council's decision by the Bank of Latvia, it is entitled to appeal against that decision to the Court. "
10. Turn off the article 110.
11. Express article 111 of the first and the second part as follows: "(1) the Bank of Latvia, the Finance Ministry and the financial and capital market Commission staff, financial and capital market Commission of the Governors, auditors, banks of Latvia and the financial and capital market Commission authorized persons or other persons who worked in the financial and capital market Commission of the Governors or the auditor, considered punishable for the officials and confidential information disclosure If they intentionally or unintentionally the PRS or other people news on credit.
(2) the provisions of the first paragraph do not apply to news that Latvian banks and financial and capital market Commission staff gave 61 of this law and article 107 in the manner set out in other laws, as well as the cases and order. "
12. Supplement article 112 following the words "Latvijas Banka's rules, regulations and instructions" with the words "financial and capital market Commission orders, regulations and rules".
13. Add to article 129 of the third part as follows: "(3) If a credit institution is withdrawn the licence issued for the operation of the credit institution, the financial and capital market Commission in writing without delay, inform the Bank of Latvia."
14. Replace article 137 in the first paragraph, the words "guidelines and regulations" with the words "rules, regulations, instructions and a financial and capital market Commission orders, regulations and rules".
15. Supplement article 146 to fifth the following: "(5) the financial and capital market Commission in writing without delay, inform the Bank about the bankruptcy filing to the Court."
16. Supplement article 147 to fifth the following: "(5) the financial and capital market Commission shall immediately be informed in writing of the Bank of Latvia on the appointment of the trustee, if done in accordance with the provisions of this article."
17. Replace article 150 of the second subparagraph of paragraph 1, the words "the requirements of this Act and the regulations of the Bank of Latvia instructions and regulations" with the words "the requirements of this law, the regulations of the Bank of Latvia instructions and rules and the financial and capital market Commission of the legislative provisions and orders".
18. Add to article 159, the first paragraph after the words "a copy of the judgment of the Court" with the words "the Bank of Latvia".
19. Article 161: make the second subparagraph of paragraph 9 by the following: "9) provide financial and capital market Commission and the Latvian Bank information on the insolvency process and deadlines to submit all required information, they need the performance of its functions;"
replace the second part of paragraph 14, the words "guidelines and regulations" with the words "rules, regulations, instructions and a financial and capital market Commission orders, regulations and rules".
20. Supplement article 197, the second paragraph after the word "Bank" with the words "and financial and capital market Commission".
21. Article 198 of the expression as follows: "article 198.  (1) If a credit institution does not comply with article 8 of this law, financial and capital market Commission of Latvia and the Bank has the right to impose fines of up to the credit of 1000 lats.

(2) If a credit institution does not comply with this law, 32, 90, 91, 95 and 96 of the article or the fourth paragraph of article 106 requirements, financial and capital market Commission is entitled to impose fines up to the credit institution of 1000 lats. "
22. Make 199 (1) of the article as follows: "1) a legal person, the financial and capital market Commission and the Latvian Bank imposes fines of up to 5000 lats;".
23. the express article 201 as follows: "article 201. For this Act, 198.196 and 199. the infringements referred to in article charged fines is included in national budget. "
The law shall enter into force on 1 July 2001.
The law adopted by the Parliament in June 1, 2000.
Riga, 14 June 2000, the State President Vaira Vīķe-Freiberga V.