Electronic Auction Site Rules

Original Language Title: Elektronisko izsoļu vietnes noteikumi

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Read the untranslated law here: https://www.vestnesis.lv/op/2015/124.21


Cabinet of Ministers Regulations No. 318, Riga, June 16, 2015 (pr. No 29 32) electronic auction sites Regulations Issued under the law of civil procedure the third paragraph of article 605.1 and 605.2 the second paragraph of article i. General questions 1. determines the order in which the activities of the electronic auction site (http://izsoles.ta.gov.lv), as well as the order in which the auction register of members included in the identification of the person to be included in the report due, as well as the updating and deleting the message. 2. Electronic auction site users set the following access levels: not 2.1. registered user – a person who is not registered in the register of members, Auctions, electronic access to the auction site is limited to viewing mode by enabling free look at property auctions information contained in advertisements, as well as information on the auctions (bidding, auction takes place or the auction is now closed), and the last recorded a promise; 2.2. registered user – natural person registered in the register of members of the Auction and use the electronic auction site-identifying with one of the single public portal www.latvija.lv offered the means of identification, but if not, using the user name and password, in addition to the provisions referred to in point 2.1 of the opportunity to submit a sworn bailiff or insolvency administrator request to authorize their participation in the auction, make this provision referred to in paragraph 28 of the payments through an electronic auction site proposed payment tool and receive judicial administration maintained the site support services; 2.3. the bidder – a registered user who is authorized to participate in the auction, in addition to the rules specified in point 2.1 information available information about all she and other bidder solītaj amounts and the promise of time of registration (excluding personally identifiable information of other bidder), as well as provide the opportunity to register the promises; 2.4. a sworn bailiff and the mate or the Office staff and the insolvency practitioner and the Office employee allowed to auction real estate organization of related information, correction and deletion, if such activities directly arising from the user's job, as well as allow site included information concerning the sworn bailiff and the insolvency practitioner's records of existing things. Access rights to the extent that provides both the sworn bailiff and the insolvency practitioner's records to existing things, and the things that are made to the activities of substitutions of post; 2.5. site administrator, courts administration employed the person to access the electronic auction site work required for a successful execution, the site must be made on the administration of user accounts, as well as a system for testing purposes it can see any information contained on the site, which requires work. 3. Electronic auction site not registered users this provision in point 2.1 is available free to the extent specifically assigned access rights. Access electronic auction site this rule 2.2., 2.3., 2.4 and 2.5. users grant referred to: 3.1. registered user – on the basis of a sworn bailiff or the insolvency practitioner or the person's application submitted independently carry out the registration in the register of members of the Auction, the identification with the universal public service portal www.latvija.lv available personal means of identification; 3.2. the bidder – based on the sworn bailiff or the insolvency practitioner's electronic auction site make a personal authorization for participation in the auction; 3.3. a sworn bailiff, it Assistant and Office employee performance based case registry user acquisition; 3.4. the insolvency practitioner-a person on the basis of a valid certificate issued by the administrator; 3.5. the insolvency practitioner's Office employee, based on the request of the insolvency administrator and the insolvency practitioner established labour legal relations; 3.6. Administration of justice employed person-based on the request of the head of the institution. 4. The site users access rights to the site rescinds the Court Administration in the following order: 4.1 for the sworn bailiff, it Assistant and Office employee performance based case registry user rights are revoked; 4.2. the insolvency administrator – based on the site's information on the holder of the certificate of termination of the administrator; 4.3. the insolvency practitioner's Office employee, based on the request of the insolvency practitioner; 4.4. The Court Administration employed person-based on the fact of the termination of employment of persons employed by or performing the functions of the Exchange; 4.5. the registered user and the bidder on the basis of the electronic auction-site security manager provide the information that the user performed an action committed against the site and includes data security, protection and integrity, or by the registered user or bidder's request. 5. Assign user access rights to the electronic auction site, Court Administration withdraw immediately, but not later than the working day following reception of the rules referred to in paragraph 4. 6. The Administration of Justice may, on its own initiative, take a decision on the user rights assigned to the cancellation, if the Administration become aware that the access rights assigned to the user unreasonably or they have not been reversed, although this provision was a referred to in paragraph 4. 7. a sworn bailiff and the insolvency practitioner with this rule 2.2 and 2.3 users referred to communicate through an electronic auction site user to create the account. 8. The user uses an electronic auction site regulations established under the objective of creation and user access rights granted. 9. The site users will be responsible for: 9.1 assigned site access, protection of property and not disclosed to third parties; 9.2. their action against the site, and it includes the security of data protection and integrity. 10. the sworn bailiff and the insolvency practitioner shall ensure that these rules respectively 4.1 and 4.3.  the referred users after it granted the request of access to an electronic auction site, the site uses the corresponding access right is granted and the information contained on the site shall only be used for the performance of the duties of the job. 11. The Court Administration supports any electronic auction site includes data perform an action (recording, edit, view, delete) the preservation of history, except the data for non-registered users and can view the electronic auction site. Any transactions with the site includes data (recording, edit, view, delete) saves data in history even after you delete the user account. II. The Person registering the auction register of members 12. Physical person who wishes their or other natural or legal persons to participate, on behalf of the sworn bailiff and the insolvency practitioner held real estate auction, recorded electronic auction site maintain the register of members of the Auction. 13. the register of members on Auction the person shall include the following: 13.1. name, surname; 13.2. identity number or date of birth (the person does not have a social security number); 13.3. contact address (address of the declared place of residence or, if it is different from the declared place of residence address, actual residence address); 13.4. identity document type and number; 13.5. the settlement properties (credit account number to which the person is the amount repayable); 13.6. the additional contact information, e-mail address, and phone number (if any). 14. If a person representing another natural or legal person, in addition to the provisions referred to in paragraph 13 of the points also provide the following information on registered user of the represented person and the authority to: 14.1. type of the person represented; 14.2. the name of the natural person or the name of the legal person; 14.3. the social security number, or date of birth (for foreigners) the natural person or the registration number of the legal person; 8.9. contact address (physical person – the declared place of residence or, if that address does not exist or it is different from the declared place of residence addresses, residence, the actual address of a legal person – legal address); 14.5. identity document type and number of the natural person; 14.6. information about notarized power of Attorney, if the registered user of auction representing another natural person, or information about writing powers addressed or document certifying the registered user's right to represent the legal person without special authorisation, if a registered user represents a legal person; 14.7. information about the volume of the Authority (right of representation for a specific auction, auctions, more specific to a particular time, constantly). 15. the identification of the person included in the auction in the register of members on the basis of a personal application. The application of a person shall be filed in one of the following ways: 15.1 independently through an electronic auction site available electronic services "on the e-auction site a member in a particular auction" and "identifying with one of the single public portal www.latvija.lv offered the means of identification; 15.2. onsite at the sworn bailiff or the insolvency practitioner. 16. This rule 15.2. procedure referred news inserted in the register of members of the Auction, if the registered person, which is not included and updated population register, as well as those for which messages the population register Act cases and order includes and updates the register of the population, but which are not available in this rule referred to in subparagraph 15.1. joint public service portal www.latvija.lv the proposed means of identification. 17. upon the application of this provision in the order referred to in paragraph 15.2, the person sworn to the bailiff or the insolvency administrator to produce a valid identity document. Sworn bailiff or the insolvency practitioner to whom the person made the application, checks whether the application contains all the information which, according to this provision, paragraph 13 of the Auction to be included in the register of members, and, if non-compliance is established, shall immediately include in the registry. 18. after the sworn bailiff or the insolvency practitioner based on the person's application, the identity of the persons included in the register of members of the Auction, assigning identification tools (user name and password), it shall send to the person specified in the application, electronic mail address and including identification tool activation procedure. 19. If a natural person using an electronic service in the single State and local government services portal www.latvija.lv available electronic service, independently of data input, information about the physical identity of the electronic auction site online from the population register shall provide the citizenship and Migration Board, using the Web service. 20. the registered user of electronic auction site creates the user account. If the person in the register of members of the Auction included this provision in the order referred to in paragraph 15.2, the registered user within 24 hours after this provision referred to in paragraph 18 of the notification to the e-mail address of the independently made the first signing up for electronic auction site with the initial identification of the tools and change the password to a new one. 21. If the user does not make the identity of the first electronic auction site and password change 24 hours after this provision referred to in paragraph 18 of the notification, access to user account automatically blocks. To restore access permissions to the user account, in the presence of the person turns to sworn court bailiffs or the insolvency practitioner who that provision referred to in paragraph 13 of the report included the auction register of members, and asked to update the register of the person include news as well as assign a new identification tools. If you request the auction register of members to update the information on a person included and assign a new identification tools is not received within 30 days from the date on which the access user account blocked, the user account is automatically deleted. 22. during registration in the register of members of the Auction, a person familiar with the electronic auction sites terms of use and confirm compliance with the rules and for yourself the accuracy of the provided data. 23. the registered user is responsible for updating their data. If you changed this provision in paragraph 13 of the report, the person shall immediately independently update the information in the register, login to your site account of electronic auctions or onsite at the sworn bailiff or the insolvency practitioner. 14. These provisions the information referred to in paragraph articulates the sworn bailiff or the insolvency practitioner based on the person's request and the data changes to the supporting documents. 24. the information in the register of members of the Auction included Latvian language. If the person is a foreigner, his or her name and address indicate the respective foreign language oriģinālform (latīņalfabētisk script languages) or oriģinālform in transliteration of latīņalfabētisk (other languages). III. preparation of the Announcement, sending for publication and deployment of electronic auction site 25. Sworn bailiff or the insolvency practitioner will prepare an advertisement for real estate auction and sent for publication in the Official Gazette of the "journal", through an electronic auction site. Sworn bailiff or the insolvency practitioner electronic auction site inserts an advertisement for real estate auction, according to the law of civil procedure the auction posting content requirements. After the announcement of the dispatch of the publication until notified auction concluded, an announcement on the same real estate auction in the case of the Executive or other insolvency proceedings may not be published. 26. the announcement concerning the real estate auction electronic auction site puts the date in a sworn court bailiffs or the insolvency practitioner's announcement shows how the auction start date. 27. following the announcement of the dispatch of the Official Gazette of the publication of "journal" the contents of the electronic auction site does not change. IV. membership of the auction login and authorization for participation in the auction question 28. A registered user who wishes to participate in the call of the auction, the electronic auction site sends to the jury bailiff or the insolvency administrator to request authorization for participation in a particular auction and auction announcement contains the sworn bailiff's deposit account or the insolvency practitioner's current account deposit auction in the amount of the security to the extent prescribed by law, as well as cover the cost of participation in the auction site administrators to set about legislation under the electronic auction site registered user billing. 29. further to the provisions of the request referred to in paragraph 28, the sworn bailiff or the insolvency practitioner within five working days, or make sure the auction participants registered person can jump off the bidding in accordance with the rules of the civil law as well or those provisions made in paragraph 28 above, and authorizes the participation of the person using the electronic auction, the auction site tools available. 30. Information on authorization for participation in the auction sworn bailiff and the insolvency practitioner a registered user shall be sent electronically to the electronic auction site registered user account you created. 31. a person Authorized auction, each bidder electronic auction site, the system automatically creates a unique identifier, which is not found in the electronic auction to site users. The identifier assigned to the bidder consists of a unique string of characters (up to 15 characters), and this news about the bidder can be identified among the other bidders who authorized membership at the same auction, as well as to track pledges made. Each bidder, the system automatically creates a new unique identifier for membership in each auction, in which it authorized. V. participation in the auction through a representative basis 32. registered users authorize participation in the auction is on behalf of another person: 32.1. natural persons in the framework of representation – notarized power of Attorney; 32. the representative of a legal person, in the case of a written power of Attorney form or documents certifying the official's rights without the express authorisation of the power to represent the legal person. 33. This rule 32.1. in the case referred to in subparagraph as well as when a registered user representing the legal person who is not registered in the register of companies, or to writing powers designed the basic representative of the company registered in the register of legal persons, the mandate to represent the auction another person registered user register onsite of your choice to any sworn bailiff or the insolvency practitioner. 34. when submitting the request for the recording of their authorization to the sworn bailiff or insolvency administrator, the application shall be accompanied by notarized written mandate or design a mandate of representation of the legal person and specify that the information referred to in point 14 of the registered user of the represented person and the authority. 35. the sworn bailiff or the insolvency practitioner, you filed this provision, paragraph 34 request for registration, authorization checks whether the request contains all the information under this provision to be included in the Auction to point 14 in the register of members of the authority for registration and, if non-compliance is established, shall immediately include in the registry. 36. If a registered user represents the company in the register of legal persons and registered its rights without the express authorisation of the power to represent the legal person (including on the basis of prokūr) registered in the companies register, registered user authorisation is recorded independently electronic auction site. In this case, the administrator of the Web site registered user's right to represent the legal person checks in the commercial register of companies each time a registered user identifying electronic auction site as a representative of a legal person. 37. If the authorization has expired, the message to auction register of members at the request of the person concerned, articulates the sworn bailiff or the insolvency practitioner based on the principal's or the Trustees submit information indicating that the expiry of the mandate. Vi. Auction process 38. The bidding process organized under the law of civil procedure provided for in the real estate auction procedures, but in terms of the insolvency practitioner subject to auctions, insolvency law additional requirements. 39. the bidder can participate in bidding, through an electronic auction site for additional supported services – auto auction. Activating the auto auction, bidder electronic auction site, respectively, indicate the maximum amount a bidder willing to bid for objects to be auctioned by activating the system automatically make the bidding up to the maximum bid amount, subject to the law of civil procedure the auction and taking into account the other bidder registered promises. Auto Auction step as additional service bidder can only be activated for each individual auction, for which it is authorized to, and use of the service regulations in certain fees incurred. Auto Auction step tool can stop any bidders in the auction process, as well as to activate it again.
40. After the time limit laid down in the law of civil procedure the end system automatically shut down the auction bidding and reflects the time and the higher nosolīt. This information is available to the public in an electronic auction site for 30 days after auction closing.
41. at the conclusion of the auction system automatically prepares the auction according to provisions of the civil procedure law requirements set out in the content for the auction. 42. The electronic auction site safety supervision and administration of the Court Administration. 43. The Court Administration monitors the electronic auction process and the technical progress requires an electronic auction site security manager once a day to provide information about the electronic auction system in the site found technical interference (including security violations). 44. If the Court finds that the administration of technical interference are relevant, it shall inform the Council of sworn bailiffs or insolvency administrator on detected technical disruption. Technical interference are considered essential if electronic auction sites due to malfunctioning of the bidding period was not possible, which together account for more than 10 percent of the total auction time, whether such interference, regardless of their duration were the last 24 hours prior to the auction closing, or found the system security breach. 45. The Court Administration shall inform the sworn bailiff and insolvency administrator on electronic auction site system established in the relevant technical disturbances within 24 hours of detection of such interference or the auction closing, if the auction is now closed, but the security breach was detected, immediately. VII. Closing questions 46. provisions shall enter into force on July 1, 2015. 47. the provisions relating to the insolvency practitioner shall apply from 1 January 2016. The Prime Minister is the Minister of Justice of Rashness Newsletters amber is Rasnač