Administrator Training, Certification And Certificate Prolongation Procedure

Original Language Title: Administratora apmācības, sertifikācijas un sertifikāta darbības termiņa pagarināšanas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/122679

Cabinet of Ministers Regulations No. 910 in 2005 29 November (pr. No 70 44) Administrator training, certification, and operation of the extension of the certificate of arrangement Issued under the law "on bankruptcy of enterprises and companies," the third paragraph of article 13.1 and the second paragraph of article 32 1 and 3 point i. General questions 1. determine the qualification requirements of the administrator, the administrator of the training programs and the order in which the sorting test is organised administrator qualifications, as well as the administrator of the issue of the certificate, annulment and prolongation.
2. the decision of the administrator and the qualification certificate shall adopt the State Agency "insolvency administration" (hereinafter insolvency administration), based on administrator Certification Commission (hereinafter the Commission) ratings and other criteria laid down in these regulations.
3. the Commission shall consist of one representative of insolvency administration, Ministry of Justice and the Latvian certified insolvency practitioner associations. The Commission's personnel and work arrangements under insolvency administration Director's proposal is approved by the Minister of Justice.
II. organisation of the training Administrator 4. A Person wishing to obtain the administrator qualifications (hereinafter the applicant), study subjects (courses), set in the administrator training program (annex 1).
5. The rules referred to in paragraph 4 of the administrators training programme learning is a required prerequisite to sort the test administrator qualification (hereinafter examination).
6. Not later than three months before the commencement of insolvency administration training website on the internet put the notice on applying for the training, showing the login.
7. to log on to the training, the applicant up to the deadline set in the notice submitted to the administration of the insolvency application. The application shall be accompanied by a document attesting payment for personal training administrator qualification.
8. Insolvency administration shall inform the applicant of the time and place of training, sending the notice no later than two weeks before the start of training.
9. If an applicant does not come to the training, pay for personal training administrator qualification is been refunded in full. To recover the amount paid by the applicant within one month from the start of training days submit to the administration of the insolvency application with a request to repay money. The application specifies the account to which the money was transferred.
10. at the end of training administrators of a receipt to the applicant (annex 2).
11. proof test for sorting is valid for two years from the date of completion of the training.
III. organisation of the examination the applicant 12. Not later than two months before the test of insolvency administration website on the internet put the notice on applying for the test, indicating the deadline set, as well as task duration and location.
13. to sort the test, the applicant will administrators submit an appropriate application (annex 3), the presentation of identity documents. The application shall be accompanied by the following documents (copies of submitted, exhibit the originals): 13.1. a document showing Latvia accredited college for higher education, or a document showing the three-year practical work experience in the commercial register of merchant monitoring bodies and of the Executive Body;
13.2. a description of work experience;
13.3. the document certifying the State language skills in higher grade according to the State language law, if a person has acquired basic education other than the Latvian language;
13.4. a document certifying payment for sorting test administrator qualification.
14. Documents filed by the applicant do not issue, removing the back of the provisions referred to in paragraph 18.
15. Insolvency administration shall examine the application and documents and not later than 15 working days after the receipt of the written notice to the applicant of the authorization or refusal of the sort task. In considering the applicant's submissions and documents, insolvency administration verifies that the applicant has been issued insolvency administration valid proof.
16. the insolvency administration does not review the documents submitted by the applicant receiving a submission with a request not to examine the application and documents.
17. the insolvency administration refused the applicant's quest, if: the applicant does not submit the 17.1. all these provisions referred to in paragraph 13 of the document;
17.2. the tenderer is not in these regulations provided a valid certificate;
17.3. the tenderer with the Court's ruling has been declared legally incompetent;
17.4. the applicant has been convicted of criminal offences against property, offences in the economy, public service institutions, criminal offences against the jurisdictions or to the management procedure;
17.5. the applicant has supplied false information.
18. If the applicant fails the test or paragraph 16 of these regulations in accordance with the procedures specified in asking not to examine the documents presented, insolvency administration shall return to the applicant the rules referred to in paragraph 13 of the documents presented. In this case, the payment for the public service to an applicant is refunded in full. To recover the amount paid by the applicant within one month from the date of the tests submitted in the application of insolvency administration with a request to repay the money. The application specifies the account to which the money was transferred.
19. Test questions that match the administrator training program prepares the Commission, if necessary, by professionals in the sector concerned. Test questions to the Commission by the Director of the administration of the insolvency.
20. the administration of insolvency (hereinafter employees) before the test identifies applicants by checking identity documents, as well as record the applicant's name, surname and personal code of the judicial qualifications of applicants the quest log (annex 4) (log). Log in employee shall mark their candidates that did not appear on the examination.
21. Upon registration, the applicant occupies a place in space according to the indication of the employee. After the site conception employee applicants to receive your test performance sheet (annex 5).
22. before the test sort of insolvency administration Director or his designated staff presents candidates with test procedures.
IV. Test procedure for the evaluation of progress, and the issue of the certificate the applicant 23. quest organizes for this purpose in writing the appropriate spaces with insolvency administration.
24. at the beginning of the quest at the invitation of the applicant employee pulls out a test ticket.
25. during the test the applicant answers 10 questions. Answer the setup time specified on the ticket test questions is 120 minutes.
26. at the end of the test time or completing the reply before the specified time, the applicant shall give the employee a test ticket and test performance.
27. the test's performance the first page label identification number of the applicant (the applicant's works are anonymous) and mark the log. Quest performance pages and ticket staff put the envelope, sealed and signed envelope on it.
28. The applicant after testing tickets and test performance sheet transfer leave spaces that happened in the ordeal.
29. during the test are not allowed: 29.1. help others or talk with others;
29.2. using communications equipment, laptops, and notebooks computers (must be off);
29.3. using consumables, literature.
30. In exceptional cases, can allow the quest in progress out of the room at the same time not more than one tenderer. In this case the applicant his performance page and pass the ticket to the employee and the employee on the applicant's performance marks the out of fact sheet and time. Applicant response preparation time is extended.
31. If the applicant does not comply with the provisions referred to in paragraph 29, he warned employees and test performance on the first page (under "notes") and log on the grade to be made alert. If the applicant after receipt of the notice of violation, repeat test employee's performance on the first page (under "notes") and log in the record shall be made of the fact that the test is not fine, and the applicant expelled from the room where the test.
32. If the employee finds that the applicant's performance test page specified by their first or last name, he lead the quest page (under "notes") and log entries made that ordeal is outstanding.

33. After testing the employee log, envelopes with applicant test the pages and tickets handed insolvency administration Director. Log in to challenge the assessment of work resides with the Director of administration of insolvency and is not available for others.
34. the Director of the administration of the insolvency of envelopes with test performance and tickets shall be transmitted to the Commission not later than the working day following the test.
35. the Chairman of the Commission, on the recommendation of the insolvency administration test in the evaluation of how the experts may invite persons who have practical work experience with the bankruptcy process-related field or in scientific teaching or work experience.
36. Each member of the Commission that assessed the specific task work in making the assessment, the signature work of evaluation of test page.
37. the Commission's work is not valued in the quest and the quest for work evaluation sheet shall record that the ordeal is outstanding, if: 37.1. finds that the performance of the test page is specified by your name or surname or employee done tag on it that the ordeal is outstanding;
37.2. the applicant's handwriting is illegible.
38. the answer to the test questions are valued at 10 point system.
39. the minimum amount of points that the test work during the evaluation, the applicant to receive test results would be outstanding, has 60 points.
40. If the applicant something to one answer receives a score of less than four points, test is outstanding.
41. each task record employment of valuation results culminating in work evaluation sheet. This page adds test Commission.
42. in accordance with the freedom of information act article 5, second paragraph, point 5 of the applicant's test performance, test the page's work in Evaluation Commission members expressed opinions and labour assessment test page has restricted access information.
43. If the applicant's application is based, the applicant may be issued a specific task work evaluation page markup the parts of the statement, without specifying the assessor.
44. the Commission shall, not later than 10 working days after the test the page and receipt of tickets, submit to the Director of the administration of the insolvency test job ratings. Insolvency administration Director, on the basis of a Commission assessment, within 10 working days of the decision of the administrator qualifications and issue of the certificate, or of the refusal to grant an administrator qualifications and to issue the certificate.
45. This provision is referred to in paragraph 44 of the decision notified to the applicant within five working days from the date of the decision. If a decision is taken on the administrator qualifications and certificate, the decision shall specify the certificate in time and space.
46. Certificate (annex 6) be issued for a period of two years. Certificates issued insolvency administration is recorded in the register of certificates.
47. the insolvency administration website on the internet for the administrator who has issued the certificate shall bear the following information: 29.3. first and last name;
47.2. the date when insolvency administration decided on the issue of the certificate;
47.3. the registration number of the certificate;
47.4. the period of validity of the certificate.
48. If the insolvency administration recognized as invalid certificates (the certificate is stolen or lost, or become unfit for use), the administrator shall issue a duplicate certificate. Prior to receipt of the duplicate of the certificate administrator displays the document confirming payment for the duplicate of the certificate of the administrator. The period of validity of the duplicate certificate is the same as for recognized certificate.
V. certificate prolongation of 49. To extend the duration of the certificate, the administrator not later than two months before the expiry of the certificate shall, in the application of insolvency administration (annex 7) with a request to extend the period of validity of the certificate. The application shall be accompanied by the report on the activities of the previous certificate, as well as a document certifying payment for administrator certificate of extension of the duration.
50. the decision on prolongation of the certificate shall be taken, when assessing the administration of the insolvency administrator actions and skills scores in the previous term of the certificate. Examining the application and the report of the administrator on the activities of the previous certificate, insolvency administration checks whether the administrator has the insolvency administration issued a valid certificate (this rule 52.3 and 52.4.).
51. the Administrator actions and skills scores the previous certificate validity period is estimated, adding that rule 52 of the above positive and negative points. To extend the period of validity of the certificate, the total scores at least 20 points.
52. In assessing the performance of an administrator is assigned points: 52.1. each administrator records launched but not completed insolvency proceedings — five points;
52.2. each administrator a completed bankruptcy process during the assessment period: 15 points;
52.3. the seminar (training, which takes place one day and not more than six hours) attendance: five points. At least one certificate of attendance during the term of operation is optional;
52.4. about the course (training, which takes at least two days and the total duration of the training is at least 16 hours) hearing-10 points. At least one course of the hearing of the certificate is required;
for cancellation from 52.5. duties of the administrator in the insolvency of a particular process, if it is related to the violations, the administrator — minus 30 points;
52.6. for each complaint, which by law have been committed — minus 10 points;
the procedures for supervision of 52.7. Insolvency administration irregularities found in certain insolvency proceedings — minus five points.
53. Courses and seminars organized by the administrators. Course and workshop contents meet the administrator training program or other administrator action-related issues.
54. the insolvency administration provide public services (on the Organization of seminars and courses), the administrator shall pay the bankruptcy administration deadline before receiving the service. If the administrator to the workshop or course not, pay for public services is paid off in full. To recover the amounts paid, the administrator of the public during the month of the date of the provision of the service shall be submitted in the application of insolvency administration with a request to repay the money. The application specifies the account to which the money was transferred.
55. If the administrator actions and skills assessment of indicators satisfy this provision in paragraph 51 of the said conditions, the administrators shall take a decision on the prolongation of the certificate and issue a new certificate with a previous certificate number and defines its duration to two years from the previous certificate expire.
56. the insolvency administration makes a decision to refuse the prolongation of the certificate if the administrator certificate: 56.1. void in accordance with the law "on insolvency of undertakings and companies" 13.1 the second subparagraph;
56.2. summary the prolongation of the certificate is less than this provision paragraph 51 mentioned;
56.3. the administrator made false statements.
57.55 and 56 of these rules the decision referred to in paragraph shall notify the administrator within five working days from the date of the decision.
58. where a decision to refuse the prolongation of the certificate, the person prescribed in these rules shall have the right to obtain the qualification of an administrator.
59. If the administrator is not the extended duration of the certificate, the insolvency administration submitted an application for the cancellation of the administrator, the insolvency practitioner and of duties of the insolvency process control regulations in accordance with the procedure laid down by the Court recommends another administrator candidate.
Vi. cancellation certificate 60. Insolvency Administration decision on cancellation of the certificate, adopted the law "on insolvency of undertakings and companies" cases.
61. If the matter is the question of the withdrawal of the certificate of insolvency administration no later than three working days before the hearing shall inform the administrator and invited him to attend the hearing. The administrator is not on the question of absence does not. Administrators should have the right to request the necessary information from the administrator on the matter in question.
62. If the certificate is revoked, the administration of insolvency proceedings:

62.1. a court application for the cancellation of the administrator, insolvency administrator duties. After the abolition of the insolvency administrator, the administration of the insolvency process of regulatory laws in the order the Court recommends another administrator candidates;
62.2. specify the website on the internet for information about administrator.
VII. Closing questions 63. Insolvency Administration issued administrative provisions and actual action in the month may challenge the Ministry of Justice. The Justice Ministry's decision on the disputed administrative acts and actual action may appeal to the Court.
64. To this provision for the entry into force of the issued certificates are valid until the period set therein.
65. the administrators of the period of validity of the certificate is determined no longer than until the 2006 February 1, prolongation of the certificate must log on to not later than two weeks before the expiry of the certificate.
66. the Administrator for which the certificate is issued for a period of five years, the prolongation of the certificate process is valued administrator actions and skills the last two terms of the certificate of the administrator.
67. Be declared unenforceable: 67.1. Cabinet of Ministers of 29 October 2002, Regulation No 492 "insolvency practitioner training and certification" (Latvian journal, 2002, nr. 163; 2004, nr. 156);
67.2. Cabinet of Ministers of 29 October 2002, the provisions of no. 493 "insolvency practitioner training program" (Latvian journal, 2002, nr. 163; 2004, nr. 156).
Prime Minister, Minister of health, Minister of Justice g. Smith, s. Āboltiņ Note: the wording of the entry into force of the provisions by December 3, 2005.
 
1. the annex to Cabinet of Ministers of 29 November 2005, regulations No 910 Administrator training program Administrator training program provides training in the following subjects (courses): 1. General theory of law.
2. Civil law and civil procedure.
3. the administrative procedure.
4. Insolvency process.
5. Accounting and finance.
6. taxes and their administration.
7. Economics and business administration.
8. the labour law and labour protection.
9. Record keeping and archive.
Minister of Justice Āboltiņ of S.