The Procedures For Conducting Licensing Real Estate Market Value

Original Language Title: Kārtība, kādā veic licencēšanu nekustamā īpašuma tirgus vērtības noteikšanai

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Cabinet of Ministers Regulations No. 800 in Riga in 2006 on September 26 (Mon. 23. § 49) procedures for conducting licensing real estate market value of Issued in accordance with the law "on State land service" article 7 i. General questions 1. determines: 1.1. the order in which the trader (trader or individual merc company) licence issued by the real estate market value determination (hereinafter licence) and withdraw it;
1.2. the licensed person performance monitoring arrangements;
1.3. national dues rate and payment arrangements;
1.4. the minimum amount of insurance contracts and insurance rules to success.
2. The decision on the issuance or cancellation of the license takes the justice from the Commission set up by the MIA issue to merchants real estate market value determination (hereinafter the Commission). Panelists include the Ministry of Justice, the Ministry of Economy, Ministry of finance and the State land service, as well as one representative of a real estate appraiser certification bodies that are accredited in the Latvian accreditation office staff Nacio (hereinafter referred to as a certificate authority).
3. In accordance with Commission decision issued in the operator license gives permission to determine systematically and for consideration of the real estate market value.
4. the Commission shall consist of the President of the Commission, Vice-President of the Commission, and not less than four members of the Commission. The composition of the Commission, approved by the Minister of Justice, on the basis of this provision, the institution referred to in paragraph 2, the authority. The President of the Commission is the State land service representative.
5. the Commission's work in the facilities provide the State land service. The minutes of the Commission and the Secretary of the Commission in the proceedings: national land service hired manpower (hereinafter referred to as the Secretary).
6. the Secretary shall have the following responsibilities: 6.1. at the request of the operators provide the information related to the requirements of these regulations;
UR6.2.pie take the Commission addressed the submissions and documents and their registration;
6.3. to prepare the agenda for the meeting of the Commission; later than five working days before the session of the Commission, electronically send the invitation to the members of the Commission the Commission's hearing and meeting agenda;
6.5. design decisions of the Commission and other Commission working documents; ģistrācij log in to draw a check mark on the issued license or the cancellation of the licences issued;
6.7. to take any other action by the Commission and the fulfilment of the conditions of these regulations related tasks.
7. The operator's application for the issue of licences shall be deemed delivered on the day when the ie Secretary has received the petition, drawn up pursuant to paragraph 14 of these regulations with the requirements laid down in these provisions and all the 15 or 16 above. Submit a copy of the document presented to the dock or the original file copy must be certified by the laws governing the development and presentation of document rules, establish the order.
8. the Commission shall be valid if the meeting at least half of the members of the Commission. The meetings of the Commission shall vote openly and decisions shall be taken by majority vote. If the vote splits similar to, the President shall have a casting vote.
9. the Commission's decision that the recipient is a businessman, presented as administrative act and signed by the President or in his absence, the Vice-President of the Commission. The decision of the Commission within five working days, send to the recipient.
10. Merchant Commission decision within one month from the date of arrival can be a challenge in the Ministry of Justice. The Justice Ministry's decision can be appealed in court.
II. Issue of licences 11. On the basis of the Commission's decision on the issue of the licence, the operator issued a license under the provisions laid down in annex 1. Merchant, who according to the requirements of these provisions has received the licence within the meaning of this provision is considered a licensed person.
12. If the license is lost, stolen, destroyed or damaged, the licensed per sons shall submit to the Commission an application for the issue of a duplicate licence.
13. the merchant who claim to be the issue of the licence, the PRA affected: 13.1 the operator have a valid personal certificate issued regulations governing the professional qualifications certificates of real estate valued away, in the order (hereinafter referred to as a certified appraiser);
13.2. company is: 13.2.1. at least one certified appraiser who, under a statute or a contract down the real estate market value;
13.2.2. at least one employee certified evaluator, which according to the statutes, the company registry certificate, prokūr or komercpilnvar has been granted the right of representation in connection with real estate market values;
13.3. the merchant does not have tax debt and other national minimum debt payments (including municipal budgets);
13.4. the merchant does not have a specific prohibition to carry out the commercial activity or over a court ruling banning specified date;
13.5. the economic operator has not been previously issued license or have passed not less than: short months from the date of entry into force of the Commission decision on the refusal to issue a licence; this month from the date of entry into force of the Commission decision on the withdrawal of the licence previously issued.
14. Merchant who claim to be the issue of the licence, the application shall be submitted to the Commission. The application shall state the following particulars: 14.1 the merchant business name, registered office and registration number;
14.2. the merchant's contact name, telephone number, fax number and electronic mail address;
14.3. the merchant certified assessors employed by first name, last name, and the number of the certificate;
14.4. the attached document.
15. Sole proprietor the application adds the following doc file (or their copies): 15.1 certificate authorities issue a valid certificate of professional quality in fikācij real estate evaluation (hereinafter referred to as the certificate);
15.2., which shows that the merchant does not have tax debt and other national compulsory payment of debts and social security contributions, or the written authorisation of the Commission according to the law "About taxes and duties" in the second subparagraph of article 22 to request tax (duty) the inquest of the Administration (hereinafter referred to as the authority);
15.3. a statement that the individual trader is a database with no relevant information about the real estate market and licensed computer programs.
16. the Company's application shall be accompanied by the following documents (or copies thereof): 16.1. all company employees certified appraiser working contracts and certificates;
16.2. the success of the tei 15.2. referred inquiries to request this certificate or authorisation;
16.3. a statement that the company has a database with relevant information about the real estate market, licensed software and company employs certified appraiser with representation rights;
16.4. agreements establishing publicly available data (on real estate vināšan of contract amount separate and real estate featuring interpretative indicators) acquisition of countrywide information tracking system or electronic database that contains legally recognised information, webmaster or holder (hereinafter referred to as the agreements with the holders of the data).
17. License operator removes the time limit of two months from the date of notification of the Commission decision. Licence of merchant or its authorized representative shall be attested by the signature.
18. the licence and its duplicate (including this provision in paragraph 25 that the ga account) shall be issued only after the Secretary filed a certificate of payment of the State fee (on the license type).
19. The individual economic operator shall issue a licence if the Registrar shall comply with these provisions by paragraph 18 referred to in evidence of payment do ku Parliament has submitted: real estate market value-related activities (Professional) civil liability insurance for the next decade, Lee license year;
19.2. the contract with the holders of the data.
20. the company shall issue a licence if the Registrar in addition to the provisions referred to in paragraph 18 of the document certifying the payment is presented by professional indemnity insurance for the next year of the licence.
III. License cancellation 21. the Commission shall adopt a decision on the person licensed to withdrawal of the licence issued, if: user to the Court ruling on the prohibition of activities or court ruling found that he violated the license use sais wound regulations;
21.2. the individual merchant or commercial certificates are employed in ficēt with the right of representation by the assessor a certificate is cancelled or it is kept around for longer than three months;
21.3. the company's non-compliance with this rule 13.2. requirements set out in paragraph bottom lasts more than a month;
21.4. the merchant is not taken out a license this provision within the time limit specified in paragraph 17;
21.5. the merchant is licensed commercial activities stopped and given a Commission application ie;
21.6. the operator has stopped commercial operation and is the entry in the commercial register.
22. the Commission has the right to decide on the withdrawal of the licence, if:

22.1. the licensed person has violated this provision in paragraph 26 and 27 of the said requirements;
22.2. in accordance with the public administration or local government issued do kument or decisions have found that the licensed person has provided to the Commission, national regulatory authorities or local authorities false information.
IV. activities of the licensed person monitoring Commission, the implementation of 23 licensed person supervising, is milk Kuma: 23.1. in accordance with the competence to review the submissions received, and one aim of the one-month period from the date of registration to take a decision in accordance with paragraph 2 of this rule, or to provide other types of response;
23.2. to require the licensed party to submit a report on commercial activities licensed under this provision, the bottom paragraph; 27.4.
23.3. to request a certification authority's opinion, if the received complaints about licensed persons possible professional misconduct;
23.4. once a year to request a certification authority's opinion on the persons licensed certified professional appraiser and the validity of the certificates (the certificate of transaction kept around, certificate revoked, expired or it renewed);
14.6. to inform the State revenue service, where the Commission has received the news of unlicensed commercial real estate market value;
14.7. every six months (according to the situation on January 1 and July 1) to submit to the Ministry of Justice report on the work done and to publish the newspaper "Latvian journal" licensed person list;
23.7. a month from the date of entry into force of the decision to publish the newspaper "Latvian journal" information on the cancelled licence;
14.8. to ensure the current licensed and licence cancelled the publication of the list of the State land service website on the internet (;
14.9. by request of the operators provide the necessary funding for the activities under this note related information, including the issue of a licence and cancellation procedures for appeal the Commission's decision, with the licensing of the associated time, government fees and the account number to be transferred to the State fee;
UR23.10.bez merchant authorization did not make it to the information available to the Commission, on which a trader or a licensed person has made a claim that this information is a trade secret (except when they implement the protection received by the institution of the request).
24. the Commission, in exercising supervision of the licensed person, is entitled to: 24.1. to request and receive from the national information systems, public registers and other public administrations and institutions free of charge, information about the lag operator who submitted the application under this provision 14. point or the licensed person;
24.2. request to the merchant within the additional information submitted to the information society, which requires the Commission to question the competence of objective decision to go out;
24.3. on its own initiative to give national regulatory authorities and certification bodies information on licensed persons;
15.2. for objective reasons to postpone the decision or consent to provide a response time of up to one month, inform the Merchant (Licens Ed person), to allow the operator to: (licensed person) submit these rules accession documents or other documents (which he considers necessary);
24.4.2. check operator (licensed person) provide news or information required for the decision;
15.2. to invite to the meeting of the economic operator (licensed person) that consideration of the application is included in the agenda of the meeting;
24.6. invite experts and consultants;
15.3. to refuse licences where: 24.7.1. According to the Commission, national regulatory authorities or municipal documents provided or of the decisions taken by the economic operator finds that the documents submitted contain false information;
24.7.2. operator does not submit the rule in paragraph 15 or 16 song dīto;
24.7.3. economic operator has not submitted according to the rules below point requested 15.0 documents or information;
24.7.4. operator (licensed person) has not fulfilled the other conditions referred to in these rules and obligations;
15.4. to request in writing the licensed party a month to provide the Commission with any licensed commercial business related information; taken from the economic operators information on established real estate market values, collect, accumulate and analyze this information, as well as, on request, pass it to law enforcement authorities.
25. the Licensed party, which changed the firm upon submission of the application, are eligible to receive a license, which the new company kept the previous sa license registration number and the date of issue.
26. The licensed individual trader or company hurting the certified appraiser bināt with representation rights may not be represented by another person or licensed operator who claim to be the issue of the licence.
27. A licensed person shall have the following responsibilities: UR27.1.iev era of the regulations governing commercial and market value, to create and maintain the necessary real estate market database and the real estate market value of the work of the archive and use the professional activities in the database where compiled credible to the public real estate market information and real estate are forecasted to characterize repetitive motion;
27.2. in the month following the track changes in the commercial register in writing to inform the Commission of the merchant's Exchange registration data;
27.3. month to inform the Commission of changes: 27.3.1. certified appraiser;
27.3.2. with respect to the certified assessors representation rights;
27.3.3. in connection with the information on the validity of the certificates of the certified evaluators (stopped functioning, the certificate of the certificate revoked, expired or it renewed);
27.4. ex-post evaluation of each licence for the current year (counting from the date of issue of the cenc Liu), month, submit to the Commission a report on the business Licens ed. The report shall be accompanied by the following documents: 27.4.1. list of all the previous license year, the real estate market value. The list drawn up according to the rules of the Kuma Kuma, add 2 and sent electronically to the Commission by electronic mail address;
27.4.2. proof that since the last time the information given by the mission, there was this provision and 27.3 27.2. bottom point pass conversion;
27.4.3. this rule 15.2. referred inquiries to request this certificate or authorisation;
27.4.4. proof that you maintain the real estate market value of the work of the archive;
27.4.5. professional indemnity insurance for the next year of the licence;
27.4.6. agreements with the holders of the data for the next license year.
V. country duty rate, the payment arrangements and liability insurance 28. State fee rates for issue of the licence shall include the following: 28.1. sole proprietorship — 50 lats;
28.2. commercial companies – 100 lats;
28.3. the licensed person for the duplicate licence or licence 25. these provisions or 32. in the case referred to in paragraph 10.
29. a State fee shall be paid in the State before receiving a licence.
30. the licensed activity, it is the responsibility of the licensed person to insure their professional risk (civil liability) throughout the license duration according to the risks associated with real estate market values. The policy specified risk limits of liability of not less than 50000 dollars one certified assessor for one real estate market value.
Vi. Closing questions 31 to the date of entry into force of the provisions of the license issued by the real estate assessment (market value) is valid until the expiration date indicated therein.
32. the Licensed parties, upon the application of this provision in paragraph 31 license site up at the end of the deadline are eligible to receive the new license model, keeping the previous license registration number and the date of issue, if this provision mentioned in paragraph 27 of the licensed person.
Prime Minister a. Halloween instead of the Minister of Justice, Minister of Interior Or. Jaundžeikar Editorial Note: the entry into force of the provisions by October 6, 2006.
1. the annex to Cabinet of 26 September 2006 the Regulation No 800 license model in place of the Minister of Justice, Minister of Interior Or Jaundžeikar annex 2. Cabinet of Ministers of 26 September 2006 the Regulation No 800 Licensed persons in the previous licence year in the real estate market value of the job list in place of the Minister of Justice, Minister of Interior of Jaundžeikar.