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Pledge Registration Rules

Original Language Title: Komercķīlas reģistrācijas noteikumi

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The Cabinet of Ministers of the Republic of Latvia, 1998 February 24 Regulation No 66 in Riga (8.12), the provisions of the registration of the pledge Issued in accordance with the law "on business" article 33.1 i. General questions 1. These rules shall determine any law "on business" in specified institutions (hereinafter register) to register the pledge, pledge of novation, amendment of the commercial pledge registration information and pledge ensure assignment of the claim, as well as pledge registration.
2. If the request for registration of the pledge amended information, their registration, as well as the pledge of the novation of the registration of the pledge in the assignment of the claim provided for registration or the registration of commercial pledge to delete the relevant documents submitted to the register that the pledge is established.
3. necessary documents for registration in the register shall be submitted by one of the parties that the application is signed, in person, through a representative, or sent by registered mail.
4. On behalf of the legal person of the relevant application shall be signed by the person signing the rights are registered in the register of companies. If the application is signed on behalf of the legal person by another person, in addition to the documents referred to in these provisions the register must also submit a power of attorney. If an individual application for signature on behalf of the other party, in addition to the documents referred to in these provisions the register must also submit a notarized power of attorney or other document confirming the right of a person to sign the application.
5. Registry records are public in nature, and any person may consult and receive information about registry entries and the applications submitted as from extracts and transcripts and copies. A procedure for the provision of information is determined by other legislation.
II. Registration documents required for registration of commercial pledge 6 must submit the following documents: 6.1 the pledge and pledge of the workers (hereinafter referred to as the parties) signed application (annex 1); If the application is made on the basis of a ruling, the application can sign one of the parties;
6.2. the document on the basis of which a pledge is established (in triplicate);
6.3. the document certifying payment of State fee;
6.4. a copy of the court order, if the application is presented to the Court ruling.
7. The provisions referred to in subparagraph 6.1 applications must indicate: 7.1 the pledge's name, legal address, registration number and details of the person signing the application the pledge on behalf of 0.56 (first name, surname and personal code, but, if not, identity document, data);
7.2. information on the pledge taken by ju: 7.2.1 if the pledge is a legal person, the name, legal address, registration number and details of the person that signs the application on behalf of the workers of the pledge (first name, surname and personal code, but, if not, identity document, data);
7.2.2. If the pledge is a natural person: name, surname, identity code (if there is none, the identity document-data) and note the address;
7.3. Description of the pledged property;
7.4. provide the maximum amount of the claim;
7.5. in the section "other information": the workers of 7.5.1 komer cķīl to sell the mortgaged property rights without judicial mediation and the auction, if the pledge shall such right is granted to him;
7.5.2. the limit for handling the subject of pledge;
7.5.3. the pledge number pārjaunot, if the pledge is not pārja;
7.5.4. other information which the parties consider necessary;
7.6. the annexed documents.
8. Pledge of information included in the application for registration of an amendment to the registration must submit the following documents: 8.1 the pledge and pledge signed by workers of the application (annex 2); If the application is presented to the Court ruling, the application can sign one of the parties;
8.2. the document on the basis of which is amended;
8.3. the document certifying payment of State fee;
8.4. a copy of the Court's business, if the nol application presented to the Court ruling.
9. This provision 8.1. applications referred to in subparagraph must specify: 9.1 the registered pledge number;
9.2. information about the person who signed the application on behalf of the parties, the name, surname and personal code (if not, identity document, data);
9.3. the information contained in the new edition;
9.4. other information which the parties consider necessary;
9.5. the annexed documents.
10. Pledge to ensure the assignment of the claim for registration must submit the following documents: the transferor and transferee 10.1 signed application (annex 3);
10.2. the document on the basis of which the takeover takes place;
10.3. the document certifying payment of the State fees.
11. These provisions 10.1. application referred to in subparagraph must specify: 11.1 the registered pledge number;
11.2. details of the transferor if the transferor of: 11.2.1. is a legal person, the name, legal address, registration number and information about the person who will sign the application on behalf of the transferor (first name, surname and personal code, but, if not, identity document, data);
11.2.2. If the transferor is a natural person: name, surname and personal code (if there is none, the identity document-data) and note the address;
11.3. information on the assignee: 11.3.1. assignee is a legal person, the name, legal address, registration number and details of the person signing the application the transferee's name (first name, surname and personal code, but, if not, identity document, data);
11.3.2. If the transferee is a natural person: name, surname, identity code (if there is none, the identity document-data) and note the address;
11.4. other information which the applicant considers necessary;
11.5. the annexed documents.
12. Pledge to delete the registration must submit the following documents: 12.1. pledge signed by workers of the application (annex 4) or a copy of the court order, if a commercial pledge registration is deleted on the basis of a judicial decision;
12.2. the document certifying payment of the State fees.
13. These provisions 12.1. the application referred to in subparagraph must specify: 13.1 the registered pledge number;
13.2. information about the person who will sign the application on behalf of the workers of the pledge (first name, surname and personal code, but, if not, identity document, data);
13.3 other information worker of the pledge considered necessary;
13.4. the annexed documents.
14. the signature on the application must be certified by a notary.
III. consideration of documents and registration After receipt of documents 15. register pledge log entry submission date, time, and the sequence number. At the request of the applicant for a copy of the application or a copy of the registry shall be a reference to its date, time, and the sequence number.
16. Within five working days, including the date of submission of the application, order the register looking documents and shall decide on the registration or refusal of registration.
17. Where a decision has been taken for registration, the registry entries in the log all the information contained in the application, registration number, date, time, and the turn of possessory pledge, but to document, on the basis of which the registration is made by the check mark for registration together with the Registration Act and is issued to the applicant or their authorized persons. For each registered pledge to plant a separate thing.
18. Registration shall be refused if it is established that: 18.1. document not submitted it to the registry, which according to the law "On business" they have jurisdiction;
18.2. not submitted all the required documents;
18.3. the application does not satisfy the requirements of this regulation;
18.4. Another fact is registered as a legal obstacle to registration.
19. If the registration is refused, the registry shall prepare a motivated written refusal. Refusal to register shall be issued to applicants, but the documents annexed to the application issued by the mortgage lender or his authorized person. If the assignment is not registered, the documents submitted and the denial issued by the transferor or his authorized for p ersons. Complaints about registration denial to be submitted to the General procedure.
20. If you have received a refusal of registration, the applicant may correct the deficiency and resubmit the documents.
21. This provision 17 and 19 of the above documents may be sent by registered mail.
IV. correcting the record 22. If the registry entries are found a clerical error or non-compliance with the registration application, the error is corrected by a registry or on the initiative of the interested parties.
23. the registry for errors found, inform interested parties and shall fix a time limit for objection. After the expiry of the entry in the register shall decide the issue of repair. Failure of the opposition or negative attitude is not an obstacle for correcting the error.
24. Obvious errors can be corrected without feedback.
 
Prime Minister, Deputy Prime Minister j. Kaksīt the Minister of Justice in place of Welfare Minister v. Makarova in the