Amendments To The Cabinet Of Ministers Of 29 October 2002, The Regulation No 492 "insolvency Practitioner Training And Certification"

Original Language Title: Grozījumi Ministru kabineta 2002.gada 29.oktobra noteikumos Nr.492 "Maksātnespējas procesa administratoru apmācības un sertificēšanas kārtība"

Read the untranslated law here: https://www.vestnesis.lv/ta/id/94486

 
Cabinet of Ministers Regulations No. 815 in 2004 in Riga on September 28 (Mon. No 56 29) amendments to the Cabinet of Ministers of 29 October 2002, the Regulation No 492 "insolvency practitioner training and certification" Issued in accordance with the law "on insolvency of undertakings and companies" 32.2 of the second subparagraph of article 1, paragraph 3 and 4 make the Cabinet of 29 October 2002, the Regulation No 492 "insolvency practitioner training and certification" (Latvian journal, 2002, nr. 163.) the following amendments: 1. Replace the words in point 3.1 "financial" with the word "financial".
2. Replace paragraph 3.2, the word "approved" by the word "prescribed".
3. Make the following chapter IV: "IV. Administrator training organisation 9. Insolvency Administration not less frequently than once a year in accordance with Cabinet of Ministers determine the administrator training program training people: 9.1 which wish to obtain the certificate;
9.2. for the current year which ends the period of validity of the certificate.
10. in paragraph 9 of these regulations, the said training is mandatory for the quest.
11. to log on to the training, a person shall submit an application for insolvency in the administration. The application States that the person to not apply the law "on insolvency of undertakings and companies ' restrictions.
12. Persons who have heard the full course of insolvency administration issued a corresponding certificate. The acknowledgement shall include at least the following information: 12.1. full name of insolvency administration;
12.2. the person's name, surname and personal code;
12.3. administrator for the duration of the course;
12.4. the date of issue of the attestation and registration number. "
4. Add to paragraph 13, first sentence, after the word "the" with the words "and reprinting" certification.
5. Deleting the introductory part of paragraph 14, the words "(sample application is approved by the Minister of Justice)".
6. To express the point 14.2. as follows: "14.2. proof of administrator training course training program the hearing and other qualifications or expertise in supporting documentation (copies), if any;".
7. Replace paragraph 18, the words "five days" with the words "five working days".
8. Replace paragraph 19.1. the word "apply" with the words "shall apply".
9. Delete the words in paragraph 19.2 "or insolvent debtor".
10. Amend section 19.3.
11. Delete paragraph 27.
12. paragraph 30 expressing the following: "30. the certificate shall contain the following information: 30.1. Insolvency Administration's full name;
30.2. the certified persons name, surname and personal code;
30.3. confirmation that the certified person shall have the right to carry out the duties of the administrator;
18.9. date of award of the certificate;
5. the period of validity of the certificate;
30.6. the registration number of the certificate. "
13. Replace paragraph 32 and 34, the word "six" with the word "twelve".
14. Put 36 as follows: "36. before the certificate expires, the administrator is entitled to apply for re certification. After the certificate the certificate shall be issued for a period of five years, keeping the previously assigned certificate registration number. "
15. Delete 25.0. section.
16. To supplement the rules by 24.9 points to the following: "24.9 If motivated administrator with a request to suspend the application to the operation of the certificate, the administrators shall take a decision on the suspension of the certificate referred to in the application, but not longer than the issued certificate had expired. In this case, the administrators shall take a decision on the suspension of the certificate of the administrator who is appointed in insolvency proceedings, in particular by receiving a copy of the Court decision on the resignation of the administrator duties. "
17. Express 45 as follows: "45. If the certificate has been suspended in accordance with the provisions of section 25.0 24.9. or., insolvency administration submitted an application for the cancellation of the administrator, insolvency administrator duties. After the administrator of insolvency administration cancellation law recommends to the Court administrator of the other candidate. "
18. Delete the words in paragraph 46.3. "or" insolvent debtor ".
19. Supplement with 46.5. and 29.0. subparagraph by the following: "28.9. infringements of the laws the administrator not less than three times during the period of validity of the certificate in canceled from their duties by the administrator in insolvency proceedings;
46.6. the administrator intentionally provided false information to get a certificate. "
20. Delete 47.4. section.
21. Replace paragraph number 48 and words "in paragraph 46" with a number and the words "46.4. the event referred to."
22. Make 50 as follows: "50. If the certificate is revoked, the insolvency administration submitted an application for the cancellation of the administrator, insolvency administrator duties. After the administrator of insolvency administration cancellation law recommends to the Court administrator of the other candidate. "
23. Make 57 as follows: ' 57. Insolvency Administration issued by the Director of the administrative provisions and actual action may be challenged in the Ministry of Justice. The Justice Ministry's decision on the disputed administrative acts and actual action may appeal to the Court. "
24. Delete paragraph 58.
Prime Minister i. Emsis, Minister of Justice v. höche Editorial Note: rules shall enter into force on October 2, 2004.