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Rules On Privatization Certificate Account Servicing Task Delegation

Original Language Title: Noteikumi par privatizācijas sertifikātu kontu apkalpošanas uzdevuma deleģēšanu

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Cabinet of Ministers Regulations No. 170 in 2015 (April 7. No 18 61. §) rules on privatization certificate account servicing task delegation Issued pursuant to the public administration Act, article 40 of the equipment, the second part and the law "on privatisation certificates" 3.1 article 1. determine privatization certificate account servicing task delegation shares the public development financial institution "Viola" (unified registration number 50103744891, registered office: dome square 4, Riga, LV-1050) (hereinafter referred to as the development financial institutions) and the order in which the institutions are covered expenses associated with delegated administration tasks. 2. development of the financial institution are delegated the task to open and maintain accounts of the privatisation certificates, certificate of deposit accounts privatisation privatisation certificates and provide other privatization certificate account service and privatization certificate trading related services (hereinafter referred to as the task). 3. development financial institution located in the Ministry of Economic Affairs in regard to monitoring functional State Government task. 4. the national development financial institution and conclude a contract (attachment) of the task execution (hereinafter referred to as the task of the implementation agreement). 5. the Ministry of Economic Affairs is empowered to sign, on behalf of the Government the task of executing the contract. 6. Public Administration in the implementation of the tasks of development financial institution law "On privatisation certificates" and succeed on the basis of the provisions of the Cabinet of Ministers, as well as other laws and regulations in connection with the exercise of public administration. 7. the law "on privatisation certificates" transitional provisions referred to in paragraph 12 of the Cabinet of Ministers regulations for issuing development financial institution credit institution or bank has all the rights and obligations provided for in the Cabinet of 16 October 2007 rules No 712 "privatization certificate terms of use" and the Cabinet of Ministers on 16 October 2007 by Regulation No 711 "rules for privatization certificate market intermediation company licences, suspension or cancellation of order the rate of State fee, on receipt thereof, as well as the brokerage firm and the supervision order ". 8. the Ministry of Economic Affairs jointly with the Ministry of finance pursuant to the public administration duties of the procedures laid down in the Treaty, the financial institutions Development costs associated with the task. 9. paragraph 8 of these regulations set out in the agreed development financial institution costs are covered from the proceeds of privatization certificates, account service and the State joint stock company "Privatization Agency" (hereinafter called the privatisation Agency) reserve fund established in accordance with the law "on State and municipal property privatisation" of objects. 10. payments from the reserve fund are made as prepayment, quarterly covering this provision in paragraph 8 in accordance with the procedure laid down in the harmonised development financial institution expenses for the current year for the next three months. 11. If the development financial institutions provide reports for the previous quarter of the expenditure and the revenue from privatization certificate account service is found surplus funds, these funds are transferred to the next quarter, the decrease in accordance with the provisions of paragraph 10 of the prepaid amount. 12. Ministry of Economy approved by the decision of the reserve fund to be paid to the development of financial institutions the resources for the task. 13. The privatization agency within five working days after receipt of the decision of the Ministry of the economy shall be borne by the financial institutions Development costs associated with the task. 14. the Ministry of the economy, submit a proposal for the Government to delegate the task to another individual or to the national regulatory authority, if the development financial institution departs from the task of executing the contract. 15. According to the commercial law article 335 of the fifth of development financial institution takes over all obligations, rights and obligations deriving from the State joint stock company "Latvian development financial institution Viola" actions by executing the task. 16. Be declared unenforceable in the Cabinet of 17 December 2013 Regulation No 1522 "rules for privatization certificate account servicing task delegation" (Latvian journal, 13, no. 253).
The Prime Minister is the Rapidity of the Newsletters instead of Minister of Economics-Welfare Minister Uldis Augul attachement Cabinet 2015 April 7, Regulation No 170 contract for privatization certificate account servicing task, Riga, 2015 ___. _ _ _ _ _ _ _ the Republic of Latvia, the Ministry of Economic Affairs (unified registration No. 90000086008; address-freedom street 55, Riga, LV-1519), the person in whose name the under Cabinet 23 March 2010 No. 271 of the provisions "of the Ministry of Economic Affairs regulations" do _____ _____ _____ _____ (hereinafter the Ministry) on the one hand, and the limited liability company "development financial institution Viola" (unified registration No. 50103744891; registered office: dome square 4, Riga, LV-1050), whose name in accordance with the Board _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a decision (Protocol No ___) treated its Chairman of the Board _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, of the other part (hereinafter referred to as service provider) – based on the Cabinet's 2015 April 7, Regulation No 170 "rules for privatization certificate account servicing task delegation" in paragraph 2, in accordance with which service provider delegated the task to open and maintain accounts of the privatisation certificates , off privatization certificate accounts privatisation certificates and provide other privatization certificate account service and privatization certificate trading related services; – considering that, according to the commercial law article 335 of the fifth of the provider has taken over all rights and obligations arising from the Ministry of the economy and the State joint stock company "Latvian development financial institution Viola" (unified registration No. 40003132437; registered office: dome square 4, Riga, LV-1977) (hereinafter referred to as society's "Viola") 2014 2. January contract on privatization certificate account servicing task following concluded the task execution agreement (hereinafter the agreement). 1. Subject of the contract the contract provides for the order in which the service provider for the execution of payment then delegated the task of agreeing on a specific administration tasks for the implementation of the provisions, and deadlines. 2. Service provider's rights and responsibilities

2.1. The service provider, in the exercise of the tasks of the public administration are the following: 2.1.1. prescribed in the contract and the amount being paid for State administration of the proper execution of the task; 2.1.2. in accordance with the procedure laid down in the Treaty and to receive compensation for expenses incurred in the enforcement of the law "On privatisation certificates" for the transitional provisions laid down in paragraph 11; 2.1.3. to receive from the national regulatory authorities the information necessary for the Government to perform a task; 2.1.4. to submit to the Ministry of reconciliation clarify contract referred to in point 2.2.2 expenditure if the year enters into force laws that change the Government task, or the task costs becomes more expensive. The service provider will explain the incidence of formation. 2.2. The service provider, in the exercise of the tasks of public administration, has the following responsibilities: 2.2.1. to fulfil the tasks of public administration according to the existing laws governing privatisation and use sertifkāt issues; 2.2.2. each year, before 1 December to submit the Ministry and the Ministry of Finance estimated next year's expenditure and its pamatojom, as well as the forecast of the privatization income certificate provision of services. This obligation does not apply to 2015 the estimated costs; 2.2.3.20 working days of the contract referred to in paragraph 3.2.7. receiving and submit the Ministry and Ministry of finance expenditure and its justification, according to the instructions provided by the Ministry of privatization certificate account takeover of the assets of the joint stock company "Latvian savings bank and credit institutions; 2.2.4. within 15 working days after the end of each quarter, submit to the Ministry a report on privatization certificate account service, the use of financial resources and the revenue from the fees; 2.2.5. within 15 working days after the privatization certificate account takeover of the assets of the joint stock company "Latvian savings bank and credit institutions to submit to the Ministry a report on the execution of public administration and finance, to take over a privatization certificate accounts; 2.2.6. to immediately notify the Ministry of any procedures or organizational changes that may affect the implementation of the agreement, as well as of any events that may significantly harm the success of public administration tasks; 2.2.7. to provide the Ministry for more information about the task execution or for national use of financial resources within 10 working days of the request, if the request does not specify otherwise; 2.2.8. within 10 working days after the task delegation to submit the termination of the Ministry for public administration task overview and report on the use of financial resources for the last calendar year of operation; 2.2.9. ensuring government continuity task, put all the Government task-related information and documents to the person or institution to which the Cabinet of Ministers or delegates the task further. 3. rights and obligations of the Ministry 3.1. Ministry, functional public administration overseeing the execution of a task, have the following rights: 3.1.1. to request from the service provider for information about the task execution and on the use of funding is assigned to; 3.1.2. to request additional information about the contract, 2.2.2 2.2.3 2.2.4 2.2.5.,., and 2.2.8. documents referred to. 3.2. the Ministry, functional monitoring Government fulfilment of obligations are the following: 3.2.1.  within 15 working days after receipt of the statement of expenditure or 8 working days after the receipt of the additional information to consider and approve the agreement 2.2.2 or 2.2.3. expenditure referred to, send a written confirmation of the provider; 3.2.2. within 10 working days of the contract referred to in point 3.2.1. expenditure for approval by decision to confirm that the provider of the public joint stock company "Privatization Agency" Reserve Fund, established in accordance with the law "on State and municipal property privatisation of objects" (hereinafter referred to as the Reserve Fund), will cover expenses related to the task execution or a certificate of account takeover, the privatisation of the assets of the joint stock company "Latvian" Savings and credit institutions; 3.2.3. within 10 working days of the contract referred to in point 2.2.4. in the receipt or within five working days after the receipt of the additional information to confirm the current quarter to cover the service provider from the reserve fund; 3.2.4. service provider for information about Ministry complaints held in connection with the execution of the tasks of the public administration, as well as other information related to the task; 3.2.5. to give information to the service provider about the Ministry get individuals application for compensation in accordance with national regulatory authorities to compensate losses suffered by law (hereinafter referred to as the law of Restitution); 3.2.6. until 30 October each year to provide the service provider in writing information about the task execution conditions for the next calendar year. This obligation does not apply to 2015 the estimated costs; 3.2.7. to submit the service provider for information about the order in which the service provider must take account of the taking over certificate of privatisation of the assets of the joint stock company "Latvian savings bank and credit institutions. 4. in the course of settlement of the task execution 4.1. Service Provider costs for the task execution is coordinated with the Ministry. 4.2. Service provider's costs are paid from the proceeds of privatisation, providing a certificate account service, and reserve fund. 4.3. the expenditure for payment service provider shall provide the Ministry agreement 2.2.2, 2.2.3 and 2.2.4. referred to in documents as well as the request of the Ministry for more information. 4.4. The Ministry according to the agreement in point 3.2.2 and 3.2.3 of the procedures laid down, shall adopt a decision on the conduct of the service provider in connection with the current quarter the task execution or a certificate of account takeover, the privatisation of the assets of the joint stock company "Latvian savings bank and credit institutions. The decision is sent to the State joint stock company "Privatization Agency" payment from the reserve fund. 4.5. The Ministry agreement 3.2.3. the decision referred to in subparagraph adjusted expenditure estimates for the current agreed about the quarter, respectively, reducing the amount to be prepaid, if in accordance with the procedure referred to in point 2.2.4. Overview of the service provider in the previous quarter to the expenditure and income gained from privatization certificate account service is identified overpayments. 4.6 Ministry contract referred to in subparagraph 3.2.3 decision shall indicate the amount of the deduction for the service provider to create a country expenditure relating to damages to a third party, on the basis of the Contract referred to in 5.3. 4.7. the funding granted, minus 4.6 point to the agreement set out in a specific deduction, within five working days after the contract 3.2.2. and 3.2.3. the decision referred to in paragraph (a) is transferred to the account specified by the service provider. 4.8 service provider unused funds, the contract referred to in 3.2.2 decision of privatisation was granted a certificate from the assets of the account takeover, joint stock company "Latvian savings bank and credit institutions, are used in the public administration task in future periods. 5. the examination of the application of losses and loss relief

5.1. If the service provider according to the law on Compensation is received for the individuals the damages associated with the task of implementation, the service provider shall immediately forward the application to the Ministry, as well as provide an explanation of the causes of loss, indicating whether the application is reasonable remuneration. 5.2. If the Ministry according to the law on Compensation is received for the individuals the damages associated with the Administration the progress of the task, the Ministry shall immediately forward to the service provider that the application for the provision of explanations. The service provider within five working days provided an explanation of the causes of loss, indicating whether the application is reasonable remuneration. 5.3. the tasks of the public administration in the implementation of the third party for damages caused and statutory damages are covered from the State budget funds on the basis of the decision of the Ministry which have entered or court ruling. 5.4. the contract referred to in paragraph 5.3 national budget expenditure is compensated as a deduction from the financial līzdzekļ, intended to pay the service provider from the reserve fund in accordance with the procedures laid down in the Treaty. The conditions of this paragraph do not apply, if the third party for loss incurred by the Ministry or other public administration institutions of the Act or omission. 5.5. If the service provider has finished the task delegation, but the execution of the contract 5.4. in accordance with the procedure laid down in paragraph does not cover all the expenses of the State budget, the provider does not cover atlīdzināto costs from its own resources. 6. Force majeure 6.1. the party is exempted from responsibility for partial or complete contractual non-performance if the default occurred, the exceptional nature of the force majeure circumstances, which started after the signing of the Treaty and that party was unable to anticipate and prevent (for example, ugunsnelaim, war, epidemics, natural disasters, as well as other circumstances that do not include parties of possible control and impact). 6.2. The party claiming force majeure, exceptional nature of the circumstances of the transaction, three days for them to notify the other party, specifying possible liabilities due. 7. Availability of information 7.1 information available with regard to the fulfilment of the conditions of the present agreement, subject to the freedom of information act. 7.2. Access to information regarding account service is provided pursuant to the law "On privatisation certificates" in article 4, in the fourth paragraph. 8. Time limit for performance of the contract and order 8.1. The task is taken up to the task in this expiry in accordance with the procedure laid down in the Treaty or to privatization and land reform process is complete. 8.2. If the legislation is amended, which affect the performance of the tasks of the public administration or financing arrangements and the fulfilment of the obligations laid down in the Treaty, the Parties shall amend the contract in a timely manner. 8.3. If any of the provisions of the contract shall lapse due to changes in the law, the contract is not void the remaining provisions. In this case, the parties are obliged to apply the agreement in accordance with the existing laws. 8.4. the Government may terminate the execution of a task, if the Party six months notice in writing inform the other party. 8.5. If the service provider submits the contract notice referred to in paragraph 8.4, the Ministry prepared and the move to the Cabinet of Ministers draft rules governing the responsible national authorities or other private public administration task. 9. concluding issues 9.1. The parties declare that they have the appropriate powers to close the contract and assume the rights and obligations, as well as the opportunity to take this contract obligations. 9.2. Issues not specified in this agreement, will be addressed in accordance with the existing legislation of the Republic of Latvia. 9.3. The execution of the contract during the disputing parties resolve through negotiation, but if agreement is not reached within 30 working days, the legislation. 9.4. any amendments or additions to the agreement shall be valid only if they are in writing and are signed by the parties. The following amendments and additions to the agreement with their signature moment becomes an integral part of the contract. 9.5. Pursuant to commercial law article 335 of the fifth of an integral part of the contract and the binding component is getting revenue and expenditure by the year 2015, the Ministry of economy approved by the 30 January 2015 order No 24 "State joint stock company" Latvian development financial institution Viola "expenditure approval", based on the Ministry of the economy and the State joint stock company "Latvian development financial institution Viola" 2014 2. January contract on privatization certificate account servicing task, point 3.2.1. 9.6. Features that until the conclusion of the contract, the Ministry gave the public "Viola" and/or "Viola" company got from the service charge by running the task, the service provider will use according to the present agreement, the objectives and tasks. 9.7. the contract referred to in subparagraph 3.2.1. agenda approved in writing by the Ministry expenditure should be considered an integral part of this agreement. 9.8. If either party are changing the legal status, location, or other properties, it shall immediately notify the other party. 9.9. the contract is binding on the parties and their respective successors of rights and obligations. 9.10. the agreement is drawn up in duplicate in the Latvian language, each on the ____ pages, one of which is stored at the service provider, but the other Ministry. 10. Contact from the Ministry parties 10.1.:; phone: (name, title) 10.2. From the service provider parties:; phone: (name, title) the signatures of the parties and the Ministry of Economics of LATVIA Brivibas Iela 55 LV-1519 Riga Reg. No 90000086008 AS "a development financial institution Viola" dome square 4, LV-1050 Riga Reg. No 50103744891 (signature) (signature) the Minister of economy, Welfare Minister in place of Uldis Augul States