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Amendments To The Law "on State And Municipal Property Privatisation Of Object"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību īpašuma objektu privatizāciju"

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The Saeima has adopted and the President issued the following law: amendments to the law "on State and municipal property privatisation" of objects to make the law "on State and municipal property privatisation" of objects (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 6, 14) as follows: 1. Article 1: to make the first paragraph by the following: "1. This Act applies to: 1) State property for objects other than public property objects who privatizējam in accordance with the law "on the privatization of property of enterprises agroservis" and subject to article 6 of this law, only the fourth part exemption from all State and local taxes and duties laid down;
2) municipal property objects. ";
to turn off the second part;
to complement the fourth paragraph after the word "regulate" with the words "this Act and article 57.58 and".
2. in article 2: Add to the second part of the 4, 5 and 6 of this paragraph: "4) State and local government or the creditors of incorporated companies to stock or capital shares. This further act the privatisation method will be called the debt capitalization method;
5 incorporated companies with private capital) add the State or municipality incorporated companies, State or municipality merger with incorporated companies with private capital of incorporated companies, the State or local governments add to incorporated companies incorporated companies with private capital. This further act the privatisation method will be called the reorganization method;
6) part of the capital of incorporated companies selling to the public members of the Executive Body, if the activities of the Executive Body for the privatisation rules incorporated companies (privatization project) at the time of approval of State or local taxes and levies fixed debt, workers incorporated companies paid wage arrears, as well as if the property has not been encumbered by incorporated companies with debts and other liabilities of more than 10 percent of the company's own capital and incorporated companies engaged with those kinds of business that are mentioned in the statutes. Sales of shares may not exceed 25 percent of the share capital of incorporated companies. This further act the privatisation method will be called on a control method of privatisation. This method can also be applied in converting businesses on incorporated companies, and at the same time selling these shares in the company. ";
to supplement the article with the fifth, sixth, seventh and eighth by the following: "5. the debt capitalization method of privatisation procedure to be regulated by Cabinet regulations.
6. the method of privatization to restructuring takes place in the law "on business".
7. State or municipal property object can privatise: 1);
2) dividing it into parts and privatizēj of each part separately;
3) separating from its individual parts and privatizēj of each part separately;
4) combining multiple privatizējamo objects or parts of a single object.
8. One and the same State or municipal property object can privatise, using one or more specified in this article, the methods of privatisation. "
3. Article 3: turn off third of paragraph 8, the words "and sold separately from this company or companies of movable and immovable property";
turn off the ninth paragraph, first sentence, the words "and separately sold this company or companies of movable and immovable property".
4. Article 4: replace the words "and/or" with the word "or";
to supplement the article with the second, third and fourth subparagraph by the following: "2. The removal of national or local company or companies and selling the company or company's movable and immovable assets, the buyer can also be national or local, State or municipal enterprises, State or municipality incorporated companies, as well as the incorporated companies which share capital private equity does not exceed 25 percent.
3. If privatization is used, the method of privatisation, restructuring subject may be also incorporated companies which share capital private equity does not exceed 25 percent.
4. If the privatizējam object is real property or separate property, real estate or property buyer in the privatisation process may also be State and local, State and municipal enterprises, State and local governments, which incorporated companies incorporated companies in private equity share capital not to exceed 25 percent, as well as other national or local legal entities. "
5. in article 6: replace the third sentence of the second paragraph, the word "company" with the word "object";
Add to the second part of the sentence the following wording: "If a State or local privatizēj company or incorporated companies, is used to control the method of privatisation, the company's management or executive body members of the public have the right to choose one of the first part of this article, payment instruments or provided for both these features on those specific parts of the capital."
adding to the third paragraph with the following content: "but the revenue generated, the capitalisation of the State budget, in favour of the principal sum in the budget law" About taxes and duties "in the order";
adding to the fourth subparagraph, after the words "transactions by the privatisation agency or municipality" by the words "or, on their behalf, authorized persons";
to supplement the article with a fifth by the following: "5. the specialised Privatizēj State agricultural enterprises (companies), to which the Cabinet of 22 august 1995, the provisions of no. 259" rules on national needs in the capital retained the compensation specialist State agricultural enterprises (companies), "privatisation agency income deriving from the State property privatization of objects may be used in those provisions of the cabinet order provided for by way of compensation calculated on the initial joint property."
6. Supplement article 7 of the fourth subparagraph by the following: "4. in the framework of the privatisation Agency is established by the Tribunal, which operates under the Charter. The Tribunal hears disputes arising from civil law relations between the privatised companies, privatizējam companies, as well as any other dispute, if the parties to the dispute, it is pielīguš. "
7. in article 8: make the first part of paragraph 7 as follows: "7) develop and approve State property privatisation of the object, as well as the amendment of the provisions of the approved privatisation after the conclusion of the contract of sale;"
Add to the first part of paragraph 8 with the following content: "and capitalized privatised and privatizējam State company and the companies included in the State budget of tax payments, the principal sum;";
turn off the first part of paragraph 11, the word "require";
make the second paragraph by the following: "2. In carrying out its functions, the privatisation Agency carries out the following activities: 1) organised by the national property auction of objects and object of the tender;
2) transforms the State incorporated companies, while companies selling their shares;
3) provides the national company and the liquidation of the company in respect of which a decision has been taken on the liquidation;
4) state the duties of the administrator and of the company law "on insolvency of undertakings and companies" in the order;
5) other State property privatization-related activities;
6) provides for the operation of the Tribunal necessary conditions: working space, logistical support, etc. "to express the fourth paragraph; paragraph 1 by the following:" 1) to request and receive, free of charge, any property it needs with information related to the privatization of State and municipal institutions, State Governors, the national company of the Statistics Committee, national real estate agency, the enterprise register of the Republic of Latvia and the national businesses and incorporated companies; ";
turn off the fourth part 3 and in paragraph 4, the word "require";
adding to the fourth paragraph of point 6, after the words "Payables" with the words "or capitalize on the vendor debts";
to supplement the article with the seventh subparagraph by the following: "7. for the documents in accordance with this law and State property privatisation rules of object state property object during the privatisation process submitted to the privatisation Agency, are not suitable for Application of the law", and the complaint handling policy proposal for State and local government at institūcijās. "
8. Replace article 9, first paragraph, the words "Minister of State" of privatisation (the fold) with the words "the Minister, who oversees the State property privatization" (the fold).
9. Express article 10 by the following: ' article 10. The privatisation agency worker law restrictions and responsibility 1. the Director-General of the privatisation Agency, another agency official business, income generation, job connect and work limitations of default, as well as other related constraints, duties and responsibilities determined by the anti-corruption law.

2. If the privatisation Agency's staff is not an official, his operating restrictions and responsibility in respect of State property, privatization of the objects he directly organizes or supervises, determines the anti-corruption laws. "
10. Article 13: to supplement the first sentence with the following: "If the privatization agency agrees to the takeover of the object can be extended.";
to make the second part of paragraph 5 by the following: "5) other particulars and documents required by the privatisation Agency."
11. in article 15: to complement the article with a new second subparagraph by the following: "2. the privatization agency for the State of incorporated companies taken over the functions of the general meeting provided for in the laws of the respective company.";
consider the second part of the third part;
adding to the third paragraph after the words "on the over-indebtedness of property" with the words "close the assignment agreements";
to supplement the article with the fourth and fifth by the following: "4. If Cabinet has transferred the privatisation agency or company in possession of or incorporated companies, for which no decision on privatization, privatization agency has the rights laid down in the first and second subparagraphs, but incorporated companies or company must comply with the third paragraph of this article.
5. The privatization agency does not bear civil liability for the possession of the State or property object their debts and other liabilities. "
12. Article 16 be expressed by the following: ' article 16. Notice of the State property privatization and transfer of object state privatisation of the incorporated companies reorganization method in the 1st two weeks of the date of the decision of the Cabinet of Ministers on State property privatization, the transfer object to the privatisation Agency published in the Official Gazette "Latvijas journal" and the district or city newspaper within the territory of which the public property of the privatizējam object, notice of transfer to the privatization of this object. The notification shall specify: 1) the name of the object;
2) object (if the object of the establishments or real property in more than one location, all addresses);
3) deadline by creditors of piesakām and other claims relating to the business or incorporated companies privatizējam;
4) location, which shall be submitted to the claims referred to in paragraph 3 and other supporting documents of the claim and obtain information on the privatizējam object.
2. If the privatisation Agency shall adopt a decision on the privatisation of the State reorganization of incorporated companies method, published in the Official Gazette "Latvijas journal" and the district or city newspaper within the territory of which incorporated companies with private capital, which adds that the national incorporated companies or combined with incorporated companies, the State or be accompanied by a statement incorporated companies reorganization method incorporated companies in the privatisation of the State. The notification shall specify: 1) they state the name of the incorporated companies being privatized by restructuring method;
2 incorporated companies with private capital) name, registered office and registration number of the enterprise register of the Republic of Latvia;
3) deadline by creditors of piesakām and other claims relating to incorporated companies with private capital;
4) location, which shall be submitted to the claims referred to in paragraph 3 and other supporting documents of the claim and obtain information on the privatizējam object.
3. If the privatisation Agency shall adopt a decision on the privatisation of the State reorganization of incorporated companies method, the Agency may publish in the Official Gazette "Latvijas journal" and the district or city newspaper within the territory of which incorporated companies with private capital, which adds that the national incorporated companies or combined with incorporated companies, the State or be accompanied by a statement incorporated companies reorganization method incorporated companies in the privatisation of the State. The notification shall specify: 1) they state the name of the incorporated companies being privatized by restructuring method;
2 incorporated companies with private capital) name, registered office and registration number of the enterprise register of the Republic of Latvia;
3) deadline by creditors of piesakām and other claims relating to incorporated companies with private capital that produced using the method of State reorganisation of privatisation; incorporated companies
4) location, which shall be submitted to the claims referred to in paragraph 3 and other supporting documents of the claim and obtain information on the privatizējam object.
4. The first subparagraph of paragraph 3, the second subparagraph of paragraph 3 and paragraph 3 of part three in that period is two months.
5. the time limits referred to in this article, start counting from the date of the first paragraph of this article, the notification published in the Official Gazette "Latvijas journal." "
13. in article 17: make the introductory part of the first subparagraph by the following: ' 1. the right to privatizējam the State property of an object of pre-emption and the companies of the majority of the shares or the pre-emption is: ";
make the first part of paragraph 2 as follows: "State property 2) privatizējam object to the lessee, if he hired all the privatizējam object for more than one year and the lease is registered in accordance with the procedure laid down in the law, if the lessee has not paid the lease debt and if this article is the first part of the person referred to in paragraph 1 are not disposed of its pre-emptive right;"
to supplement the first part of paragraph 3 with the following: "3) in the case of privatisation of pharmacies pre-emptive rights to: (a) the pharmacy privatizējam) individual company whose founder is a pharmacist, the pharmacy in privatizējam is the only employee, b) which incorporated companies, not less than 51 percent of the share capital owned by individuals with the pharmaceutical training, working in a pharmacy in privatizējam.";
make the second paragraph by the following: "2. The first paragraph of this article, if they enroll in a month's time from the date of publication or notification of the State property privatization, the object acquires the pre-emptive rights. If the privatization of the State property of the object passed in is re-organized, splitting it into different privatizējamo objects, the privatisation agency repeatedly issued logon time limit (this may not be shorter than two weeks), in which the pre-emptive rights may apply to the first paragraph of this article. "
14. Express article 18 as follows: "article 18. Public property object in Privatizējam assessment and vendor compliance 1. Privatizējam public property object invaluable in accordance with the law "On the privatizējam State and local government property object evaluation order".
2. the Privatizējam State property object evaluates the privatisation agency or its authorized legal entities that are established by the tender of the privatization agency. The contest is open to legal entities that employees have sworn auditor's licence or State land service license issued.
3. After article 16 of this law, in the fourth paragraph that the expiry of your claims don't have creditors, including State and local government bodies, which are responsible for certain State and local taxes and levies, wage accounting and control, may not require to be amended by the privatisation of State property object in privatizējam rules in the relative price of object and the new object owner of entitlements and obligations.
4. carrying out the privatisation Agency, the privatizējam object and the notional price, as well as the new owner of the object to be a set of rights and obligations should be taken into account in the national business privatizējam or incorporated companies accounting registers fixed debt, regardless of whether the vendor of your claims is or are not applied.
5. after article 16 of this law, in the fourth paragraph that the expiry of your claims don't have creditors, including State and local government bodies, which are responsible for certain State and local taxes and levies, wage accounting and controls, can not bring to its creditors ' claims and other claims against incorporated companies with private capital, established the State incorporated companies with privatizēj transformation method. "
15. Replace article 19, first paragraph, the words "referred to in the Act the privatisation of the State property Commission" with the words "the said statutory activity".
16. Article 21 of the expression as follows: "article 21. The object's State property privatisation started and privatisation proposals 1. Privatisation Agency published in the Official Gazette "Latvijas journal" and the district or city newspaper within the territory of which the public property of the privatizējam object, notice of the initiation of the privatization of this object. The notification shall specify: 1) this law, article 16, first paragraph, 1, 2, and 4. the information referred to in paragraph 1;
2) deadline by which the privatisation of entities may submit to State property privatization proposals of the object;
3), to which article 17 of this law, the persons may submit an application for exercise of rights of pre-emption.

2. the first part of the period referred to in paragraph 2 may not be less than two weeks. The privatisation Agency is entitled to extend the period or renewed.
3. The first subparagraph of paragraph 3, the deadline is one month.
4. any privatization entity may submit any privatization of the State property privatization proposal of object (hereinafter referred to as the privatisation proposal) within the time limit as specified in the notice published in the privatisation Agency.
5. The privatization proposal be included the following: 1) object name;
2 the address of the object);
3) units that you object to the privatisation of the entity wants to privatize;
4) or subject to privatisation, wants to privatize the object occupied land;
5) put the privatisation method, technique and the possible privatization process;
6) means of payment, types and procedures;
7) object action or its use after privatisation;
8) subject of privatisation — physical person: first name, surname, nationality and passport data, address, telephone, telex or telefax number; the privatisation of the entity — legal persons: the name, legal address, authorized persons name, surname, telephone, telex or telefax number. If the subject of privatisation is a legal person, to be added to this privatisation proposal for legal person of a copy of the registration certificate;
9) messages, which your statement please show the privatisation Agency.
6. The privatisation Agency has the right to object to the State property privatization of the tool of an international tender, the provisions providing for this law, article 24, third subparagraph the limits for the submission of proof. "
17. in article 23: make the first part of paragraph 8 by the following: ' 8) shares of the company share capital distribution on the types and categories of shares and to the buyer groups; "
make the first part of this paragraph 11: "11") for the disposal of the shares; ";
Supplement fifth after the word "enterprise" (fold) with the words, "or" the company "(the fold).
18. Article 24: Add to the first part of paragraph 2 with the following text: "as well as the privatizējam State property the object of trade organization staff, but if privatizējam State property object has no employee, trade-privatizējam object.";
make the third subparagraph by the following: "3. the subject of privatisation is entitled to consult the approved State property privatisation rules object and the privatization agency in order to submit proof to privatise the object in accordance with these rules."
19. in article 26: make the first part of paragraph 1 by the following: "1) State property to determine the object of the buyer shall issue the auction or tender, if the object of privatization have logged more applicants;"
Add to paragraph 2 of the first paragraph with the following content: "except when on State property privatization method of the object has a specific auction.";
to complement the second paragraph after the word "extended" by the words "or restore".
20. Supplement article 30 to the second paragraph by the following: "2. The privatization was considered complete at the moment when the entity that acquired the privatizējam object has passed all its obligations had to be performed in compliance with the terms of the privatisation and the object of the purchase contract. Privatization, the Management Board of the Agency shall take a decision on the privatisation of the object and reports on the privatisation of the State property Fund and the managing authorities concerned. "
21. Supplement article 31 the third part with the following sentence: "that decision can be determined municipal property privatisation object."
22. Supplement article 33 on the property after "over-indebtedness" with the words "close the assignment agreements".
23. Article 34: replace the title of the article and in the first paragraph, the words "the commencement of privatization" with the words "transfer of privatization of";
Add to the first part of paragraph 6 by the following: "6) expiration of the piesakām claims of creditors and other claims against the company or the company privatizējam.";
make the second paragraph by the following: "2. the first part of this article, paragraph 3 of the period may not be shorter than two weeks. City Council, District Council or Parish Council may extend the period or update. ";
replace the third paragraph, the words "two months" with the words "one month";
to supplement the article with the fourth and fifth by the following: "4. The first subparagraph of paragraph 6 shall be two months.
5. the time limits referred to in this article, start counting from the date of the first paragraph of this article, the notification published in the Official Gazette "Latvijas journal." "
24. Article 35: make the introductory part of the first subparagraph by the following: ' 1. the right to property in the municipality of privatizējam object of pre-emption and the companies of the majority of the shares or the pre-emption is: ";
make the first part of paragraph 2 as follows: "2) in the municipality of privatizējam property of the object to the lessee, if he hired all the privatizējam object for more than one year and the lease is registered in accordance with the procedure laid down in the law, if the lessee has not paid the lease debt and if this article is the first part of the person referred to in paragraph 1 are not disposed of its pre-emptive right.";
make the second paragraph by the following: "2. The first paragraph of this article, if they enroll in a month's time from the date of publication of the notice on municipal property privatisation, the object acquires the pre-emptive rights. If the privatization of municipal property of the passed object is re-organized, splitting it into different privatizējamo objects, repeatedly issued logon time limit (which may not be shorter than two weeks), in which the pre-emptive rights may apply to the first paragraph of this article. "
25. Article 36 be expressed as follows: "article 36. Privatizējam the municipal property of the object assessment and vendor compliance 1. Privatizējam the municipal property object is invaluable in accordance with the law "On the privatizējam State and local government property object evaluation order".
2. After article 34 of this law in the fourth paragraph that the expiry of your claims don't have creditors, including State and local government bodies, which are responsible for certain State and local taxes and levies, wage accounting and controls, can not be amended to require municipal property privatisation project object privatizējam object defined in the relative price and the new owner of the object to be a set of rights and obligations.
3. The privatisation Commission, making a privatizējam object to the assessment and determination of its notional price, as well as the new owner of the object to be a set of rights and obligations should be taken into account in the municipal company privatizējam company accounting records or fixed debt, regardless of whether the vendor of your claims is or are not applied. "
26. Article 40: make the first part of paragraph 8 by the following: ' 8) conditional price, means of payment, provided the proportions, and the rules for payment; "
adding to the third paragraph after the word "prepared" with the words "as well as the object and land property rights supporting documents shall be accompanied by privatisation projects";
to supplement the article with the fourth paragraph by the following: "4. If privatization privatisation project technique is for auction or tender, the privatisation Commission accompanied privatization project auction or tendering rules."
27. Article 41: make first and second subparagraph by the following: "1. the municipalities submitted property privatisation projects object, not later than one month after the submission of the project deadline to examine City Hall, District Council or Parish Council, participating in the privatisation of the entity and the privatizējam object, as well as the representatives of the employees of this object craft organization representative, but if the privatizējam property is not an object of local trade organisations, employees, authorized representative of employees and to take a decision on the privatisation of one of the submitted project approval or a new deadline for the privatisation project, or ask the privatisation Commission to draw up its privatisation project object.
2. The municipality two weeks after privatisation project approval decision on approval of the draft of this privatisation, privatisation project and document transcripts (copies), which confirms the legality of the activities of the local object and reflects the privatization privatisation project in these facts, submit to the Ministry of the economy. "
replace the fourth subparagraph, the words "no earlier than the month before and not later than six-dēļas with the words" two weeks ";
replace the fifth paragraph, the words "adoption" by the word "receipt";
turn off the sixth paragraph, the words "during the month of the adoption of the relevant decision or order date of issue".
28. Replace article 42 in the second part of the word "month" with the word "week".
29. Article 43: Add to the first paragraph, the words "and shall forward that information to the Ministry of the economy";
to supplement the article with the second part as follows:

"2. The privatization is considered complete at the moment, when privatization entity that acquired the privatizējam object has passed all its obligations had to be performed in compliance with the object of privatization projects and the purchase contract, and the City Council, District Council or Parish Council has taken a decision on the privatisation of the object."
30. Article 45 of the turn.
31. Article 47: adding to paragraph 1 the first subparagraph of point "c" with the words "as well as the national social security fund, the social security administration issued a statement on the payment of the tax;
to supplement the article with a fifth by the following: "5. the State or municipal property object can not subject to privatisation, to privatize has not complied with all obligations with respect to the object or privatizējam for other privatizējam the same subject for State and local government property objects."
32. Supplement article 52 in the second part of the following: "2. The privatisation agency or municipality, if the subject of privatisation is paid more on the side of the privatization (privatization project) defined the object of purchase or has taken all the rules of privatization (privatization project), or one-and-a-half times the investment in the company has increased the number of workers in relation to the privatisation rules (the privatisation project), is entitled to impose that the remaining part of the purchase cost as a payment instrument is used for privatisation certificates or that the rules of privatization (privatization project) the specified payment deadline is extended (if it gave its consent subject to privatisation). "
33. Make article 53 the third part of the second paragraph by the following: "privatisation agency or municipality at the State or municipal Enterprise purchase agreement and transfer and acceptance report shall be referred to the privatised entity the new owner they privatized the company approved the opening balance sheet, which becomes an integral part of the contract of sale."
34. Replace article 56 in the second paragraph, the words "State property" in the fonds privatisation agency ".
35. Article 57: make the title and first paragraph as follows: "article 57. Land use and pre-emptive 1. Privatised the new owner of the object has a pre-emptive right to the State or municipality-owned piece of land on which this object is located, unless the object owner has the right to purchase the land property in accordance with the civil code and other laws. "
to supplement the article with sixth and seventh subparagraph by the following: "6. all activities related to the sale of the land to its existing privatised object to the new owner, take the privatisation Agency, if the object has been privatised public property, or the municipality, if the object had privatized municipal property, except for the activities carried out in accordance with the laws of the other institutions.
7. questions relating to State and local government relations, selling the municipal owned land if they are privatized State property object, and privatizēj the State land, if they are privatized municipal property object, as well as other issues related to land sales in the cases provided for in this article, the regulation of the Cabinet of Ministers regulations. "
36. To supplement the law with article 58 of the following: ' article 58. 1. the privatization of land the State or municipal property object can privatise, together with the land, if it is a State or municipal property. Together they form one privatizējam object. In this case, the land is privatized only with the object to which they are located.
2. you can only privatize this Land privatization, which has the right to purchase the land property in accordance with the civil code and other laws.
3. all activities related to the privatisation of land in the cases provided for in this article, made on behalf of the State privatisation Agency, except that in accordance with the rules of other institutions.
4. questions related to State and local government relations, privatizēj the public domain items, located on municipal owned land, or privatizēj the municipal property objects located on State land, as well as other issues related to land privatization in the cases provided for in this article, the regulation of the Cabinet of Ministers regulations. "
37. the express section "transitional provisions" by the following: "1. the transitional provisions Until the 1996 18 April in accordance with the law" On the privatization of the dairy ", law" On meat processing company privatisation "and the law" on the bread making public (municipal) privatization "of State property privatisation are created in the Commission's work until it is removed by order of the Ministry of agriculture and the State property of the privatizējam object are privatized or put the privatisation Agency. State property privatization activities supervised by the Commission and the employment contracts with the privatisation Commission members concluded the privatisation Agency.
2. Be declared unenforceable by January 1, 1997, the following laws: 1) "On privatization of the dairy";
2) "On meat processing company privatization";
3) "for bread production (local) State enterprise privatisation".
3. With the entry into force of this Act shall terminate the constitutional order of article 81:1) issued by the Cabinet of Ministers Regulations No. 7 "amendments to the law" on State and municipal property privatization "objects" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, no. 4);
2) Cabinet regulations No. 135 "amendments to the law" on State and municipal property privatization "objects" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, no. 11);
3) Cabinet of Ministers Regulations No. 298 "amendments to the law" on State and municipal property privatization "objects" (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, no. 19). "
The Parliament adopted the law of 24 October 1996.
The President of the Parliament instead of the President a. perfected 1996 in Riga on November 13.