The Order In Which Deductions To The Privatisation Agency For State Property Privatization Of Objects, The State Capital And Other Regulations Laid Down In The Acts, Created And Consumed A Reserve Fund And Payments To The State

Original Language Title: Kārtība, kādā veicami atskaitījumi Privatizācijas aģentūrai par valsts īpašuma objektu privatizāciju, valsts kapitāla daļu atsavināšanu un citām normatīvajos aktos noteiktajām darbībām, izveidojams un izlietojams rezerves fonds un veicami maksājumi valsts

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/106483

Cabinet of Ministers Regulations No. 258 in 2005. on 12 April (pr. No 19 22) order in which deductions to the Agency for privatization of State property privatization of objects, the State capital and other regulations laid down in the acts, created and consumed a reserve fund and payments to State and municipal property privatisation funds and State budget Issued in accordance with the law "About taxes and duties" of the thirteenth article 24, the law "on State and municipal property privatisation of object" the third subparagraph of article 6 and article 11 the first paragraph of the law "on State and municipal property privatisation funds" and article 5 of the law "on State and local government owned capital shares and enterprises ' 125. the second paragraph of article, article 127 and 129 of the fourth subparagraph of article ninth part 1. determines the order in which the deductions to the State joint stock company" Privatization Agency "(hereinafter the Agency) for the national property object (the Earth) privatization, public participation, public disposal of special ma object (the Earth) leases , the principal sum of tax payments, capitalization, and other legislation specified activities, as well as the order in which you create a jam and consumed the Agency's reserve fund and payments to State and municipal property privatisation funds, and the State budget.
2. All proceeds from State property object (the Earth) the privatisation, disposal of State capital, denacionalizācij and country real estate special ma (the Earth) sales, privatizējam and privatized objects the principal sum of tax payments, capitalization, as well as proceeds from the senior levels of the Agency ruled the existing national property object (the Earth) rental and lease purchase of should include the accounts of the Agency.
3. the Agency is financed from resources derived from privatization of State property object, denacionalizācij, the State capital, the State of disposal of real property (including land) sales, the Agency in possession of the object of leasing State property and rent with redemption, as well as from other occupied ating. Agency for the financing of the necessary funds (hereinafter referred to as the Agency for the period of allowance) is deducted from the Agency's actual cash receipts in that month, according to the Agency for the deduction rules (annex). Expenses related to the statutory privatization and information security certification center, the performance of the duties of Finance according to the legislation on privatization certificate account opening. If the Agency is asked to perform other functions, the relevant legislation provides for the functions and sources of funding.
4. Allowance for local property privatisation Fund will determine 10% of the balance of funds formed as the difference between the cash revenue derived from the municipal territory of State property in private to the object, and object sation in withholding a report provided to the Agency for you. Municipal property deductions privatisation fund payable to the municipality in whose territory the privatisation agreement was registered at the time of the privatizējam public property or incorporated companies (Corporation), which was composed of privatizējam state capital.
5. Deductions for the relevant government agency paid every month (to the 15th date of the following month) once done on priva tizējam object eligible for deductions the Agency. If then is taken to a new privatizējam object to levying agency report provided for you (for example, on privatization), the Agency adjusted the municipal property privatisation fund payable amounts, respectively reducing * in recent years, the payable amounts for other objects of privatization. If the other object is not privatisation payable amounts may be reduced by the amount of the excess shall be borne by the Agency from the reserve fund.
6. the Agency shall inform the relevant authorities of the municipal property privatisation funds included in the Fund two weeks after the last payment of municipal property privatisation Fund of the State property of the object.
7. the privatization of the State property Fund, the calculated amount is determined from the total privatisation revenues less the Agency proposed in the report, deductions you municipal property privatization funds and other cabinet defined payments.
8. the law "on State and municipal property privatisation funds" provided for in article 5 of the reserve fund, the agency used State property to private and public process of an amortisation of the capital process of disposal of the organisation of security: 8.1. purchase contract cancellation, pre-emptive rights and reverse repurchase expenses (according to actual expenditure referred to some);
8.2. The Latvian National Archive Fund of the supervisory authorities, to cover the Organization of the Archive document to public undertakings (companies), which passed to the privatisation under the law "On State and municipal property privatisation of object", and public companies (the host societies), which passed to the liquidation in accordance with the orders of the Cabinet of Ministers (according to actual expenditure referred to some);
8.3.to Agency in possession of public property taken over privatizējam objects security expenses (according to actual expenditure referred to some) that security can not provide incorporated companies (Corporation);
8.4. the privatizējam object state property insurance to cover, if it is not possible to cover the subject of privatization funds (according to actual expenditure referred to some);
8.5. the provision laid down in paragraph 3, the agency report provided for you (for each object so that the object is not to settle from the sales revenue);
8.6. other legislation or regulations to cover the expenditure related to the Mission of the Agency;
8.7. deductions for stock auctions in the public offer for private sation certificates;
8.8.to the proceedings to cover the Agency's functions (according to actual expenditure referred to some);

8.9. to cover the expenditure of the Agency, if the Agency's expenditure of resources is that it is not possible to cover them from the rule laid down in paragraph 3, the Agency provided for deductions. After the State property and real estate (including land) sale, received in advance from the reserve fund, transferred back to the Reserve Fund of the Agency;
8.10. the agencies to cover the expenses of liquidation (if the amount of expenses is such that it is not possible to cover them from the funds of the Agency).
9. The Agency provided tax deductions for payment of basic debt capitalization is carried out on the basis of the decision of the Minister of Finance on the principal sum of tax payments.
10. Cash receipts from tax payment of the principal sum in kapitaliz tion, the possession of the Agency in the object of State property rental and disposal of State capital after deduction for the Agency of the transfer to the State budget until the next quarter's first month on the 20th. If the Agency of the State revenue service territorial institution has received a damage deposit they assign the specified account features, bezmantiniek, disposal of parts of the capital to settle the testator's debts, the funds raised from the sale of State shares (also not fully paid and pledged the State capital), after deduction of the Agency for clearing the State revenue service territorial authorities of the specified account.
11. When are capitalized in incorporated companies (Corporation) tax payment of the principal sum, the money in the account including the relevant budget in proportion to the tax payment to the principal sum of the ratio of statū corporations (corporations) of the share capital.
12. in the context of the fighting denacionalizācij and Evaluation Agency for deductions for State property of the denacionalizācij object is carried out on the basis of the Agency of the Ministry of Economic Affairs addressed a letter to the denacionalizācij things.
13. The process of privatization funds obtained by this provision the payment referred to in paragraph 18 and the reservation of funds to the Agency in full, including the privatization of the State property Fund every month to the 15th date of the following month.
14. the deduction of Agency regulations do not apply to contracts concluded with the Agency's subcontractors.
15. The Agency proposed deductions for privatisation of State property or shares of State forfeiture shall be based on law or cabinet order for the respective object or disposal of privatisation.
16. The proceeds of the liquidation of State property object shall be used in accordance with the Commercial law, the law "On business" and the law "on corporate insolvency and companies".
17. If the object of State property slated for expropriation of public participation, evaluation or other activities are organised the contest, the Agency proposed the deductions made in accordance with the agreements.
18. The process of privatization funds obtained including the privatisation of State property fund after the reserved funds and payments have been made in the following order: 18.1. deductions to cover the expenses of privatisation;
18.2. contributions to the municipal property privatisation funds;
18.3. deductions the Agency's reserve fund;
18.4. The Cabinet of Ministers defined payments.
19. If the Agency puts a function in another institution, the Cabinet of Ministers determine the deduction regulations of which the said institution is entitled to use the work taken over funding.
20. Funds obtained, transferred to the national capital (excluding remuneration for public sale shares and the consideration that in accordance with the law "on State and local government owned capital shares and enterprises" due to the public shareholders of representative and responsible employee), including the State budget this provision in paragraph 10 in that order.
21. The amount of the Agency for bezmantiniek of the capital and other parts of the State capital of disposal shall be determined in accordance with paragraph 3 of this rule. Deductions made to the Agency in accordance with paragraph 15 of these rules.
22. Be declared unenforceable for Min three Cabinet of 7 September 1999, Regulation No 318 "order in which deductions to the privatisation Agency for State property privatisation, create objects and consumed its reserve fund and payments to State and municipal property privatisation funds and State budget" (Latvian journal, 1999, 317./318.nr.; 2000; 2002, 110 131/132.nr.. No; 2003; 2004, nr. 168, no. 36).
Prime Minister a. Halloween economic Minister A.r. Kariņš Editorial Note: rules shall enter into force on 23 April 2005.
 
Annex a Cabinet of 12 April 2005, regulations No 258 privatisation agency regulations for deductions 1. Privatisation, salvage, denacionalizācij and atsav in the definition of capital cases and conduct legal services; the object of the privatisation project, contest rules, contracts, and other documents related to those conditions, based on the object and accepts referrals of Act (the lats on the item, taking into account the number of staff): UR1.1.maz more than 100 employees-3040;
100 to 499 employees — 1.2.no 7760;
500 to 999 employees 1.3.no-15056;
1.4.1000 employees and more-25248. Note: If the privatized company sold the capital or the country where the national capital private corporation is less than 25 percent, those regulations shall be multiplied by a coefficient of 0.75.2. Privatizējam or movable objects (except real estate property and land): the evaluation of the financing regulations 2.1. after the physical substance of property methods (percent of State or Corporation Compa we balance balance of fixed values): 1.3;
2.2. other valuation methods (lat object): 2.2.1 to 999 employees-1008;
2.2.2.1000 employees and more — 2520.3. Immovable property (including land) sale (a percentage of the sales price, but not less than 1000 dollars), 7.

4. Privatization and transfer control to the agreement, starting from the date of signing of the contract until the privatization or transfer regulations or contractual burden on the end of the maintenance period, but not less than three years from the adoption of the transfer and the date of signing of the Act until the end of the current quarter plus one month, as well as national property object in the project to privatize, contest rules, contracts, and other related instruments and tax charges as a result of the capitalization of the capital part of the sales contract execution control (lats a month contract): 76.5. Privatizējam or in the context of an object, its assets and property sales auction organizing, national capital disposal auction (a percentage of the sales price) 5. Note: If a country shares a private corporation is less than 25procent, the above regulations on disposal for the organisation of the auction shall be multiplied by a coefficient of 0.75. If the auction nosolīt is adjusted sales price shall be adjusted accordingly by deduction rules also calculated amount.
6. tax payment of the principal sum of the capitalization (a percentage of the principal sum and the principal sum of tax increment amounts): 5. Note: If the State of the capital after the private corporation debt capitalization is less than 25 percent of those regulations shall be multiplied by a coefficient of 0.75.7. Expenditure related to land ownership in designing and strengthening the land book, the actual volume.
8. the remuneration of the capital of the State of the holder's representative and the employee responsible, in accordance with the Cabinet's state capital share holder and responsible of the representative of the employee's remuneration according to the size of the company capital representative criteria.
9. the Agency's existing public property in the possession of the lease object control (as a percentage of the rent, but not more than $76 a month contract) — 50. Economic Minister A.r. Kariņš