The Credit Register Regulations

Original Language Title: Kredītu reģistra noteikumi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/163357

The Bank of Latvia Regulation No 8 of 2007 in Riga on 13 September the credit register Regulations Issued in accordance with article 106.1 of the law of credit institutions, the first, second and third part of the credit unions Act article 27.1 of the first, second, and third, an insurance company and under the supervision of the law in article 3 the first, second and third part i. General questions 1. "credit registry" (hereinafter-the rules) determines: 1.1. Credit for the creation and operation of the register;
1.2. the scope and terms of the order in which the bank, a subsidiary of the bank, which provides credit risk related to financial services (hereinafter – the bank's subsidiary company), credit unions, and the insurer shall provide the Bank of Latvia about his borrowers and borrower, guarantor of their commitments and their status;
1.3. scope and terms of the order in which the credits register messages are provided to the borrower, the borrower's guarantor, to the bank, a subsidiary of the bank, Credit Union, insurer and financial and capital market Commission.
II. Terms used in the rules 2. attendees credit register (hereinafter the participants) – the bank, a subsidiary of the bank, Credit Union, insurer.
3. the Bank – bank established in the Republic of Latvia, t.sk. In the Republic of Latvia or any other country to a bank branch that is registered in the Republic of Latvia.
4. Bank subsidiary in the Republic of Latvia registered the bank's subsidiary company, t.sk. its branch established in the Republic of Latvia, or in another country to bank subsidiaries registered in the Republic of Latvia, t.sk. its branch established in the Republic of Latvia. Any bank subsidiaries a subsidiary is considered to be the original home of the parent subsidiary.
5. Credit unions – credit unions established in the Republic of Latvia.
6. The insurer-insurer established in the Republic of Latvia, t.sk. the branch of the insurer that is registered in the Republic of Latvia.
7. The borrower's obligations-the obligations resulting from the borrower under the loan contract, leasing contract, t.sk. financial leasing contracts, leasing contracts, leasing credit purchase agreements, reverse repurchase agreements, lease purchase contract of guarantee, factoring, bank account in excess of contract or other agreement for the conclusion of transactions of credit risk, with the exception of the insurance contract and a contract for subrogation enforcement (hereinafter referred to as the loan contract).
8. The borrower, the borrower's guarantor liability of guarantor's obligations arising under the contract of guarantee or agreement on the issue of the guarantee by which the borrower's guarantor undertake to answer for the obligations of the borrower (hereinafter – the guarantee agreements).
9. The borrower's liabilities balance at the end of the calendar quarter, the existing obligations of the borrowers under the participant's balance sheet of the reporting period (calendar quarter).
10. the debtor information-details about the borrower and borrower's guarantor, t.sk. persons who, in accordance with the Treaty, or, having been convicted by a final court ruling on subrogation performance is an insurer an obligation to pay the amount which the insurer paid this person (hereinafter regresāt), and regresāt the guarantor's guarantee of the loan agreement, contract, agreement or court order for subrogation enforcement down payment delays and implementation details of the credit institutions act, the requirements of article 73 of the violation and other relevant Member evaluation loan agreement guarantee contract or contract for subrogation enforcement violations.
11. information on the modified and reversed news – news about the players who marked up and canceled the credit register in the news, and their modified and reversed, which collects credit register independently.
12. information on the post requests-details about the credit register of applicants and their report requests, which collects credit register independently.
III. Activities of the credit register General provisions 13. Credit Register is an information system that collects, accumulates Bank of Latvia and permanently store messages for the members of the borrowers and borrower, guarantor of their commitments and their status.
14. the Bank shall collect, store and maintain Credit registers for the borrower, the borrower's guarantor, his commitments and their status in the following groups: 14.1. details of borrower and borrower's guarantor;
14.2. the particulars of the borrower and the borrower's guarantor's obligations;
14.3. details of the borrower's liabilities in the balance at the end of the calendar quarter;
14.4. the debtor's information;
14.5. information about the modified and withdrawn.
14.6. information on post requests.
15. details of borrower and borrower's guarantor must: 15.1. personal code;
15.2. entry into the Republic of Latvia valid travel document number;
15.3. entry into the Republic of Latvia valid travel document issuing country code;
15.4. date of birth;
15.5. the unified registration number;
15.6. the code of the country of registration;
15.7. registration number;
15.8. the date of the registration;
15.9. the first name and last name;
15.10. the name;
15.11. legal address;
15.12. amount of income;
15.13. status;
15.14. category.
16. details of the borrower and guarantor of the obligations of the borrower are: 16.1 16.1.1 of the borrower's obligations: obligations of the borrower.;
16.1.2. economic sector;
16.1.3. the borrower's liabilities start date;
16.1.4. borrower's obligations end date;
16.1.5. the borrower's obligations;
16.1.6. borrower's liabilities currency code;
16.1.7. interest rates;
16.1.8. indication of syndicated loans;
16.1.9. losses;
16.1.10. collateral type;
16.1.11. the value of the collateral;
16.1.12. collateral currency code;
16.1.13. borrower relationship identifier;
16.1.14. borrower's obligations or preparation for entering date and time;
16.1.15. news of the borrower's obligations to the provider;
16.1.16. for the borrower's obligations of news providers authorized person;
16.2. the obligations of the guarantor for the borrower: 16.2.1. borrower's guarantor's obligations start date;
16.2.2. borrower's guarantor liability end date;
16.2.3. borrower's guarantor's undertaking;
16.2.4. borrower's guarantor liability currency code;
16.2.5. borrower's obligations;
16.2.6. economic sector;
16.2.7. borrower's obligations start date;
16.2.8. borrower's obligations end date;
16.2.9. borrower's obligations;
16.2.10. borrower's liabilities currency code;
16.2.11. interest rates;
16.2.12. indication of syndicated loans;
16.2.13. losses;
16.2.14. collateral type;
16.2.15. collateral value;
16.2.16. currency of the security code;
16.2.17. the borrower's obligations to the identifier;
16.2.18. the borrower's obligations or preparation for entering date and time;
16.2.19. news of the borrower's obligations to the provider;
16.2.20. news of the borrower's obligations the supplier authorized person.
17. details of the borrower's liabilities in the balance at the end of the calendar quarter are: 17.1. the borrower the amount of the remaining balance of the liability;
17.2. the borrower's currency code of obligations;
17.3. the borrower classification group;
17.4. Special provisions for loan principal;
17.5. special reserve credit for currency code reference;
10.9. the borrower's commitment to quality;
17.7. the absence period;
11.1. the borrower's obligations delayed principal;
11.1. the borrower's obligations delayed principal currency code;
17.10. delayed interest amount;
17.11. delayed interest amount currency code;
17.12. the calendar quarter.
18. the debtor information are: 18.1 the borrower and borrower's guarantor, except regresāt and regresāt the guarantor: 18.1.1. late payment date;
18.1.2. late payment due date;
18.1.3. Article 73 of the law of credit institutions the requirement date of the infringement;
18.1.4. The credit institutions act, article 73 of the nature of the irregularity;
18.1.5. other substantial breach of contract date;
18.1.6. other fundamental breach of contract;
18.1.7. identification of the debtor's information;
18.1.8. information of the debtor or the date and time of preparation;
18.1.9. debtor's information provider;
18.1.10. information providers of the debtor's authorised person;
18.2. about regresāt: 18.2.1. regresāt generation of connection;
18.2.2. regresāt connection type;
18.2.3. regresāt commitment start date;
18.2.4. regresāt commitment end date;
18.2.5. regresāt commitment;
18.2.6. regresāt currency code of obligations;
18.2.7. late payment date;
18.2.8. late payment due date;
18.2.9. other substantial breach of contract date;
18.2.10. other fundamental breach of contract;
18.2.11. identification of the debtor's information;
18.2.12. information of the debtor or the date and time of preparation;
18.2.13. debtor's information provider;
18.2.14. information providers of the debtor's authorised person;
18.3. the regresāt the guarantor: 18.3.1. regresāt generation of the guarantor's undertaking;
18.3.2. the guarantor's undertaking of regresāt type;
18.3.3. regresāt the guarantor's obligations start date;
18.3.4. regresāt the guarantor's obligations end date;
18.3.5. regresāt the guarantor's undertaking;
18.3.6. regresāt the guarantor's undertaking currency code;
18.3.7. regresāt generation of connection;
18.3.8. regresāt connection type;
18.3.9. regresāt commitment start date;
18.3.10. regresāt commitment end date;

18.3.11. regresāt commitment;
18.3.12. regresāt currency code of obligations;
18.3.13. late payment date;
18.3.14. late payment due date;
18.3.15. other relevant date of breach of contract;
18.3.16. other relevant description of the breach of contract;
18.3.17 information identification. the debtor;
18.3.18. information of the debtor or the date and time of preparation;
18.3.19. the debtor's information provider;
18.3.20. the information of the debtor's authorised person.
19. information on the modified and the information is reversed: 19.1. message edit or cancellation date;
19.2. the correction or cancellation of the message;
19.3. indication of the correction or cancellation of the message;
19.4. corrected or cancelled;
19.5. the correction or cancellation of the message description;
19.6. message corrector or anulētāj;
19.7. News anulētāj labotāj or authorized person.
20. information on the message requests are: 20.1. demand date message;
20.2. the message request time;
20.3. requesting messages;
20.4. the message requesting the authorised person.
21. the Bank does not collect, store or store Credit not register: 21.1. details of the borrower, the borrower's guarantor, his commitments and their status arising from the loan agreement, contract or contract of guarantee for recourse, which concluded on behalf of its Member branch, registered outside the Republic of Latvia;
21.2. the news of the central Governments, central banks and credit institutions, their commitments and the implementation of commitments;
21.3. message arising from the Court's ruling on the subrogation performance that is not enforceable in the Republic of Latvia.
22. the participant is responsible for the accuracy of the information provided. The participant is obliged to examine the complaint and the person claims in connection with news about this person who has provided the members of the Bank of Latvia.
23. a member shall determine the order in which the Member shall inform the person as a member of the Bank of Latvia provides news about this person, their obligations and their status as a member and receive a credit on that person in the Register messages. The participant is obliged to inform the borrower and borrower's guarantor on how the borrower and borrower's guarantor may get credit for that person in the Register messages.
IV. Reporting for 24. Participant provides the details of the Latvian Bank borrower and borrower's obligations as well as on the borrower and the borrower's guarantor the guarantor's obligations within five working days of notification of these commitments start date.
25. a member of the Bank of Latvia provided details of the borrower's liabilities in the balance at the end of the calendar quarter for 15 working days after the reporting period (calendar quarter) end.
26. a member of the Bank of Latvia provided the debtor's information, if: 26.1. the borrower or borrower's guarantor, t.sk. regresāt or regresāt, the guarantor shall prevent the loan contract, the guarantee contract or agreement or court order for subrogation enforcement down payment for more than 60 calendar days, and all the borrower or borrower's guarantor, t.sk. regresāt or regresāt the guarantor, delayed payments, t.sk. interest and penalties, at least 100 dollars or equivalent of this amount in foreign currency;
26.2. the borrower or borrower's guarantor, t.sk. regresāt or regresāt, the guarantor shall, after the participant's rating, an essential guarantee of the loan agreement, contract or contract for subrogation enforcement violations, t.sk. a member disposes of the collateral subject to the fulfilment of the obligations of the borrower, guarantor, t.sk. the guarantor, URu.tml. regresāt;
16.3. If the borrower or borrower's guarantor of the credit institutions act violating article 73.
27. The insurer shall, for the first time, gives the debtor a Latvian Bank information on an agreement or court order for subrogation performance in certain late payment or other Member of the Treaty on the substantive assessment of recourse to infringement, the Executive also provides details of the borrower and the borrower's guarantor.
28. the Member shall provide to the debtor's Bank information within five working days of notification of the provisions laid down in paragraph 26.1 conditional accession date or after the date on which the participant finds rule 26.2 26.3. above. or condition. Member of the Bank of Latvia provides news about late payment execution five working days after the payment run.
29. Where a change in the credit register particulars of the borrower, the borrower's guarantor, borrower's obligation, the guarantor's liability or borrower debtor information, as well as if a participant finds errors in the registry of credit to the news, the Bank of Latvia gives participants new messages within five working days of notification of the credit register existing message or error detection.
30. If the participant does not reasonably lodged a Latvian Bank News for the borrower, the borrower's guarantor, his obligations or their status, the participant shall inform the Bank immediately, but not later than one working day after submitting the message determination is unjustified.
31. a participant within six months after the date of acquisition of the status of members of the Bank of Latvia provided details of their member status at the date of 00.01 existing borrowers and borrower, guarantor of their commitments and their status.
32. If the participant takes over another entity that provides credit risk related to financial services, but is not a member of the credit register, the rights and obligations of the participant within six months after this law the rights and obligations of the holder of the date of acquisition of the Bank of Latvia provides news about this subject of rights and obligations at the date of acquisition. 00.01 existing borrowers and borrower, guarantor of their commitments and their status.
33. a member shall provide information to the Bank of Latvia – interactive or file electronically.
V. Registration Credit REPORT Register 34. If a participant shall submit to the Bank of Latvia news interactive, the Bank of Latvia register of the registered Credit immediately. If a participant shall submit to the Bank of Latvia news files, Bank of Latvia they recorded in the credit register within one working day after the receipt of the message.
35. If one or several members of the Bank of Latvia presented a large volume of messages in the form of a file, the Bank of Latvia may extend the deadline for registering the credit register, notice to the Member.
Vi. Credit request messages in the registry and service 36. Participant is entitled to receive the credit register details of: 36.1. natural and legal persons who are members of the borrower or borrower's guarantor, t.sk. regresāt or regresāt of the guarantor;
36.2. natural and legal persons of the Member who submitted a written application for the conclusion of the loan agreement;
36.3. natural and legal persons, the participant has confirmed that in writing will provide guarantee for persons who are members of the borrower, or the person who submitted the application to the participant for the conclusion of the loan agreement, the borrower's liabilities;
36.4. natural and legal persons having a qualifying holding in the rule 36.1 36.2 36.3., above., or in the company;
22.7. the company, which is rule 36.1 36.2 36.3,., paragraph or legal entities subsidiary company;
22.7. the company, in which the rule 36.1 36.2 36.3., above., or the person has a significant interest;
22.8. rule 36.1 36.2 36.3.,. and above legal persons and member of the Council Board member.
37. The participant has the right to rule 15.1, 15.11.,.,., 15.14 16.1.1 15.13-16.1.10 16.1.14 16.1.8.,.,.,.,., 16.2.14 16.2.12 16.2.1., 16.2.18., 17.1, 17.2, 18.1.1.-18.1.6.,.,., 18.2.10 18.1.8 18.2.1.,.,.-18.3.1 18.3.16 18.2.12. and in paragraph 18.3.18 credit register details of the rule laid down in paragraph 36 persons, as well as in the credit register information about messages that are provided by the Member or cancel the Edit.
38. any person has the right to receive all the credit for himself in the registry, except for the rules, 16.2.20, 18.1.10 16.1.16...,., 18.3.20., 18.2.14 19.7 and 20.4 messages referred to in the paragraph.
39. Financial and capital market Commission is entitled to receive all the credit in the registry, except for the provisions of 16.2.20., 18.1.10 16.1.16.,.,., 18.3.20., 18.2.14 19 and 20 above.
40. in order to receive credit for the register news, Member or financial and capital market Commission submitted a request to the Bank of Latvia interactive or file types.
41. the Bank issues the participant and the financial and capital market Commission in the credit register electronic messages – interactive or file types.
42. If the participant or the financial and capital market Commission submitted a request to the Bank of Latvia, Latvian interactive Bank issues the credits register messages immediately. If the participant or the financial and capital market Commission submitted a request to the Bank of Latvia, Latvian file Bank issues the credits register messages within one working day after receipt of the request.
43. If one or more participants or financial and capital market Commission of Latvia, Bank has requested a large amount of news in the form of a file, the Bank of Latvia can extend the message addressed by notifying the applicant.

44. in order to receive the credit register yourself, a person shall submit a written request to the Bank of Latvia. Request this person's name can be made by any person.
45. the Bank shall issue to the person on their Credit record personal messages. Credit information in the registry on behalf of a person can also receive these individuals and patron of this natural or legal persons of the Governors.
46. in order to receive credit for the register the particulars of the person, the recipient of the Bank of Latvia presented the following documents: 46.1. physical person – identity documents;
46.2. the legal representative of the person, identity document and the document confirming his right to represent the legal person without special authorisation;
46.3. natural persons patron – identity documents and family courts decision on the appointment of the guardian;
46.4. natural or legal persons of the Governors – identity documents and notarized powers concerning entitlement to the credit register.
47. the Bank shall issue to the person the credit register messages in five working days after receipt of the request.
VII. Closing questions 48. Be declared unenforceable by the Bank of Latvia Council of 21 March 2005 decision No 117/5 "On" the debtors ledger "approval of the provisions in the new version" (Latvian journal, 2005, No. 54).
49. the rules shall enter into force on January 1, 2008.
50. paragraph 25 of the rules shall enter into force on July 1, 2008. Members 15 working days after the entry into force of paragraph 25 of the Bank of Latvia provided details of the borrower on the remaining balance of the liability for the calendar quarter (from April 1, 2008 to June 30, 2008).
51. the date of entry into force of the provisions of the credit Bank of Latvia register of debtors are recorded automatically in the registry information.
52. the members of the Bank of Latvia provides news for its January 1, 2008, at noon. 00.01 existing borrowers and borrower, guarantor of their commitments and their status until June 30, 2008.
53. If January 1, 2008 is launched in the credit register of the members of the liquidation, after the entry into force of this credit register provides members of the Bank of Latvia, its message of his borrowers and borrower, guarantor of their commitments and their status related to the debtor, any information in the register.
The President of the Bank of Latvia is Rimšēvič.