The Rules On The Transfer Of The Capital Of Bezmantiniek And Sales

Original Language Title: Noteikumi par bezmantinieku kapitāla daļu pārņemšanu un pārdošanu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/93174

Cabinet of Ministers Regulations No. 749 in Riga august 31 2004 (pr. Nr. 51.9 §) rules on bezmantiniek equity shares issued for the acquisition and sale in accordance with the law "on State and local government owned capital shares and enterprises ' 127. the first paragraph of article i. General provisions 1 the questions determines the order in which are taken over and sold to commercial law provided for in article 191 of the society with limited liability bezmantiniek in the capital, which agrees with the State under the civil code, article 416 and similar parts of the capital. II. Bezmantiniek of the capital of 2. If the institution which, in accordance with the Cabinet of Ministers of 19 May 1998, the regulations No 188 "rules on the jurisdiction of the State accounting, evaluation and marketing" made the State the first jurisdiction records and descriptions (assessment) (hereinafter referred to as the first accounting body), finds that things which in accordance with the laws of the country, is in agreement with bezmantiniek shares, it shall, in accordance with the said rules shall send a notice to the State revenue service territorial authority and the bezmantiniek the shares shall also be notified in writing of the privatisation Agency. 3. the first accounting body of the capital bezmantiniek 20 days pass with the privatisation Agency's holding transfers and receipts. The Act adds the first description of shares (evaluation) one copy of the Act, a decision on the jurisdiction of the State property (copy) and part of the capital property rights supporting documents. 4. transfer of the privatisation Agency and the signing of the Act of adoption day take over parts of the capital of bezmantiniek in State jurisdiction over the entry of the capital. The privatisation Agency maintains and updates the registry by typing it in these terms, as well as other information about the bezmantiniek of the capital transfer, sale and use of the collected funds. 5. The privatization agency within three working days, send to the State revenue service territorial authority and the Ministry of Economic Affairs announcement about bezmantiniek shares. The notification shall be accompanied by the transfer and acceptance of one copy. 6. the Bezmantiniek shares are transferred for disposal to the day when they are registered in the jurisdiction of the State capital, and the privatisation Agency becomes the holder of the shares. 7. If the funds that will be derived from the sale of shares in bezmantiniek, you need the legacy debt settlement, the State revenue service territorial institution to which the privatisation Agency has sent this provision in paragraph 5 above, within five working days notice in writing, give the task to the privatisation Agency to transfer those funds. III. Bezmantiniek registration of shares in the register of members of the public 8. Privatization Agency within five working days after the bezmantiniek of the capital of the State of registration of that jurisdiction to register of shares shall be submitted to the respective public limited (hereinafter referred to as the company), to the public register of members (members ' book) (hereinafter referred to as the register of members) recorded the State jurisdiction in the capital. 9. This provision of the documents referred to in point 8 of the privatisation Agency indicates that it is bezmantiniek the shareholders and, therefore, will represent the country as a member of the public. 10. in order to ensure that there are no obstacles to the free society of the capital bezmantiniek for sale, privatization agency: 10.1. request an extract from the register of members of the public about the bezmantiniek capital in society and the State;
10.2. checks the pledge in the register, or the relevant parts of the capital have not pledged and, if necessary, request the relevant extracts from the commercial pledge register. IV. the Bezmantiniek the sale of shares By 11 of the capital bezmantiniek the recording in the register of members of the privatisation agency organizes bezmantiniek shares sale. 12. the Bezmantiniek shares offered for sale, taking into account their market value as determined by the independent appraiser certified in accordance with the accepted valuation standards and the provisions of paragraph 20. 13. the offering of bezmantiniek shares for sale, the privatisation agency States: 13.1. one of the capital's sale price;
13.2. any one buyer purchased part of the capital payment term;
13.3. the payment order. 14. the Bezmantiniek shares offered for sale in accordance with the laws governing the company's requirements in the statutes of the public order and timeless. If the bezmantiniek of the capital purchase contract is concluded and the capital is paid, the privatisation agency amend the records of the State jurisdiction over part of the capital. 15. the notice of the sale of shares in bezmantiniek, indicating that rule 13. the conditions referred to in paragraph 1 shall be submitted by the privatisation Agency of the company management board (Executive Body), not later than two months after the company's bezmantiniek shares of the company's recording in the register of members. 16. If the company's articles of Association provides that the shareholders pre-emptive right to members of the public or can be sold only with members of the meeting, all participants, the consent of the Council or the Executive Board, the privatisation agency sold bezmantiniek shares of the buyer, which is defined by the participants in the meeting, the Council or the Board or whose candidacy supported by all participants. 17. the company's Management Board is responsible for the provision of paragraph 16 concerning compliance with the conditions of the capital bezmantiniek buyer. 18. where these rules 16 and 17 in accordance with the procedure laid down in paragraph bezmantiniek of all shares not sold, the remaining bezmantiniek shares sold at public auction in accordance with the rules of the auction, confirmed by the privatisation Agency. 19. Bezmantiniek of the capital of the auction rules are publicly available at least one month before the login to the bezmantiniek of the capital of the auction. 20. If the bezmantiniek the shares not sold these rules 16, 17 and 18 in particular, privatisation Agency reduced capital sales price (starting price for the auction) (hereinafter referred to as the sales price): 20.1 to 60 percent?, if according to the law "on State and local government owned capital shares and enterprises ' 120. Article sales value is 5 thousand dollars or less;
20.2. to 20 percent? ", where, in accordance with the law" on State and local government owned capital shares and enterprises ' 120. Article sales value of more than 5 thousand lats. 21. If the bezmantiniek the shares not sold after the reduction in the selling price of these rules 16, 17 and 18 in the order, the privatisation agency may hold a auction with a downward step. V. Special event with a capital bezmantiniek 22. If this rule 10.1 the statement referred to in subparagraph States that the bezmantiniek parts of the capital is not fully paid for those shares is not disposed of in these terms. 23. If the bezmantiniek the capital is not fully paid for the Corporation, the privatisation agency with these shares Act in accordance with article 156 of the law business. 24. If the bezmantiniek the capital is not fully paid for incorporated companies, the privatization agency with these shares Act in accordance with the law "on limited liability companies" article 30. 25. If the bezmantiniek the shares are pledged, the privatisation agency with these shares Act in accordance with the law of Pledge. Prime Minister i. Emsis economic Minister j. lujans