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A Non-Profit Organization Of State Joint Stock Company "state Social Insurance Agency" Statute

Original Language Title: Bezpeļņas organizācijas valsts akciju sabiedrības "Valsts sociālās apdrošināšanas aģentūra" statūti

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The Cabinet of Ministers of the Republic of Latvia of 23 December 1997, at rules no. 436 in Riga (nr. 72.28. ¤) organizācijasvalst is a non-profit joint stock company "State social insurance agency" Statute Issued in accordance with the law "on State social insurance" article 24, first paragraph i. General questions 1. Non-profit organisation State joint stock company "State social insurance agency" (hereinafter referred to as the Agency) is not privatizējam the State joint stock company.
2. the full name of the Agency — a non-profit organisation State joint stock society sa-"State social insurance agency", short name — the State social insurance agency.
3. the Agency's founder is the State, and its time is not limited.
4. All the capital of the Agency and all the voices belong to the State. Public participation in Agency is holder of the Welfare Ministry.
5. the Agency shall have legal personality, it is separate property and independent balance. The Agency may acquire property in its own name and personal rights in rem and not assume obligations, it may be a plaintiff and defendant in court or in arbitration.
6. the Agency shall have the right to do business under their business goals and objectives.
7. the Agency shall have current accounts with credit institutions, with the full name of the Agency and symbolism.
8. the Agency is liable for its obligations with all property belonging thereto, to which under the law can draw power. The State is responsible for the obligations of the Agency with its contribution to the capital of the Agency, including the outstanding part of the share capital, but is not responsible with the rest of your belongings. The Agency is not responsible for the obligations of the country.
9. the Agency operates in accordance with the law "On joint stock companies" and the "Law On nonprofit organizations, as well as other laws and statutes.
10. the Agency's legal address: lacplesa str. 70, Riga, LV-1011, Latvia.
II. the objective of the activities of the Agency, and the right direction 11. Its purpose is to exercise the function of government administration of State social insurance and social services.
12. the activities of the Agency are the following: 12.1. social insurance special budget administration;
12.2. the national social service administration, which, under the law passed on the competence of the Agency.
13. the Agency shall have the right to: 13.1. to provide information on the State of social security and social services;
13.2. to issue administrative provisions in the area of public law apply to individual legal or natural person, the person making, altering, or removing a specific finding of legal relations;
13.3. to request and receive, free of charge in the form prescribed by the laws of the State and local authorities, public undertakings (companies) and organizations the information required to the Agency. The information obtained by the Agency may not give to others for a fee;
13.4. to found a company (the company) and to participate in other companies (companies) in the formation and operation;
13.5. to carry out an economic activity which is not contrary to the legislation.
14. the Agency does not have the right to use the social insurance special budget accounts for direct financing of its operations.
III. the Agency's capital 15. the Agency's formation capital is one million lats (1000000). The nominal value of each share is one dollar.
16. the Agency's authorised capital of two million five hundred thousand dollars (2500000). Authorised capital agency should develop within five years from the date of registration of the Agency Company.
17. the Agency's capital can increase or decrease if the Cabinet had accepted the order. Fixed capital reduction or increase in the order confirms the Governor in the country. Share capital increases and reductions, to be made to the statutes of the Agency, as amended which the Agency (hereinafter referred to as the Board) shall notify the Registrar of companies.
18. the Agency's share capital can be increased by involving additional capital or part of the capital accumulated in the Agency modifying its share capital.
19. If the share capital increase, with the involvement of additional capital, it can invest only in the person of the Cabinet. If the share capital increase, with the involvement of additional capital and pay for the shares, investing in physical things, contribution should be evaluated and their expertise should be drawn up in accordance with the procedure laid down in the law.
20. If the share capital increase of the Agency by transforming part of the capital accumulated in the Agency of its share capital, share capital should be included in the Agency's it agency property part, which after a year of the balance sheet or exceptional approval of the balance sheet exceeds the amount of the share capital.
21. the Agency's capital can be reduced by reducing the nominal value of each share.
IV. the structure of the Agency the Agency 22 management bodies are the general meeting of shareholders by the Agency, the Council and the Board.
23. the general meeting of shareholders of the Agency the Agency carried out the functions of the Governor.
24. With the decision of the Board of the Agency may be created for the Branch Office. The Affiliate Manager to act in accordance with the regulations approved by the Executive Board of the branch.
V. the general meeting of shareholders of the Agency (State Governor) 25. National Governor's Welfare Minister in the Agency.
26. only the public trustee, the Agency carried out the functions of the general meeting of shareholders shall have the right: to examine Agency, 26.1. Council and Board reports;
26.2. to approve the annual report of the Agency;
26.3. release from liability of the members of the Board or to propose to call them to account;
26.4. the proposal from the Council to approve the Agency's annual operating plan and budget;
16.5. to appoint members of the Board (other than the Director-General) and the Chartered Auditors, to rule on a claim or complaint brought against them or the claim and complaints;
16.5. to release the members of the Board (with the exception of the Director-General) of the posts, if they are breaking the law or statute;
16.6. to submit to the Cabinet of Ministers proposals for the composition of the Council and the appointment of the Director-General for approval, as well as the members of the Council and the Director-General's release, if they are in violation of law or statute;
26.8. determine Council and Board members, as well as a certified auditor and the remuneration of the liquidator;
26.9. appoint a Special Commission to increase in value of property or for the detection of reduction, as well as to approve the Commission's assessment;

26.10. approve the Agency's share capital increase and reduction;
26.11. the Cabinet of Ministers to submit proposals for bond release;
26.12. appoint the liquidators of the Agency, if the Cabinet of Ministers passed a resolution for winding up the Agency.
27. If a State exempts from the Governors Office Board Member, he shall be appointed at the same time another Member of the Board.
28. The public trustee has the right at any time to request a Board review of the Agency's activities.
29. the public trustee has the right to interfere in the economic and financial Agency operations, as well as its operational management and close the deal on behalf of the Agency.
30. National Governors all decisions be in writing.
Vi. The Council Council 31. monitoring of the Agency pursuant to these statutes and controls the activities of the Board.
32. the Council consists of seven Council members, who are appointed for three years, the Cabinet of Ministers.
33. at least one third of the Council members must be citizens of the Republic of Latvia or its residents, who lived in Latvia not less than 21 years.
34. A member of the Council may not be a member of the Board of the agency or agency a sworn auditor.
35. A member of the Council may not authorize any other person to carry out the functions of the members of the Council.
36. the Chairman of the Council of the State Governor.
37. the Council of members shall elect the Deputy Chairman of the Council. The Vice-President shall perform the duties of the President in the absence of the Chairman only (business travel, vacation, disease) or a task, as well as of the President when the President is appointed.
38. The Cabinet of Ministers on a proposal from the public trustee may release a member of the Council, if he violates the law or the statutes, as well as at the request of the members of the Council, while considering the question of the appointment of the other members of the Council.
39. the State Attorney is obliged to report the company to the Registrar of any change in the composition of the Council. Changes in the composition of the Council is in force with the moment of registration in the register of companies.
40. the tasks of the Council are: 24.9. Executive Board activities to control and to ensure Agency things are sorted in accordance with the laws, Cabinet of Ministers regulations, these statutes and the decisions of State Governors;
40.2. check the Board submitted the Agency's operating plan and together with the feedback submit it for approval to the public trustee;
40.3. The Agency's annual report and other reports and with feedback, submit them for approval to the public trustee;
25.1. to represent the Agency before the courts in all the Agency's requirements brought against members of the Management Board, as well as members of the Board of directors or its requirements against the Agency brought;
25.2. previously to examine any question relating to the activities of the Agency, which in accordance with these statutes include the Cabinet and State Governors or the Executive Board or Council member proposed a State Governors, to examine and give opinion on them.
41. The Council shall have the right at any time to request the Governing Board a report on the activities of the Agency, as well as to examine the Agency's records and documents, securities and other property. The Council may entrust that to one of the members of the Council or ask their seconded experts.
42. The Council shall have the right at any time suspended Board members from their duties and advise the public trustee to release the Member from the post, if the Board in its activity violates the law or the Statute. If the relevant offence by the Director-General, the Council recommends that the public trustee under this Statute 27.7. duly address the issue of termination of Office of the Director-General.
43. The Council shall not have the power to decide questions which have State Governors and the competence of the Board.
44. the Council shall annually submit to the public trustee report assessing the Agency's performance and the Board's report, as well as make suggestions to improve the operation of the Agency.
45. The Council shall be convened by the President of the Council at least once every quarter. Each Member of the Council, as well as the Governing Board shall have the right to request the convening of the meeting of the Council by reason of the need for convening the meeting and its purpose.
46. If the President of the Council two weeks not a member of the Council or the Executive Board of the request for convening the meeting proposed is right to convene and lead a meeting of the Council.
47. the Council are valid if they participate in the hearing not less than half of the Board members.
48. Each member of the Council the Council shall have one vote.
49. the Council shall adopt its decisions by a simple majority. Votes by a equal, the President of the Council shall have a casting vote, but if a sitting chaired by the Vice-President, the Vice-President vote.
50. the minutes of any meeting of the Council, it should be noted, as the matter concerned has been voted the present each Member of the Council, as well as the different members of the Council.
51. The Council recorded and the minutes shall be signed by all the members of the Council present at the meeting.
52. If the members of the Board Act illegally, violating its mandate or not complied with the law and these statutes or State Governors, decisions and instructions, or act negligently or intentionally malicious, they are jointly and severally liable for the full amount of all his property for the Agency, the creditors and the damage caused to the State.
VII. The Management Board and the Director-General the Board knows and 53. directs all agencies. It is responsible for all of the Agency's economic and financial activity, as well as for the organisation of accounting in accordance with the law.
54. the Management Board shall represent the Agency issues where the Agency does not represent State Governors and the Council and shall decide all the Agency's questions related to the operation, except for those that contain only national governors or the Council.
55. the Management Board shall manage the property of the Agency and the Agency's funds are handled according to the law, the Cabinet of Ministers regulations, these statutes and the State Attorney's decision.
56. the State Attorney-written confirmation of the need for such decisions of the Management Board: 56.1. acquisition, termination or change of its extent in other undertakings (companies);
56.2. the reorganization of the Agency;
56.3. another company (company), their reorganization and liquidation;
56.4. real property acquisition, disposal and undue burden;
56.5. launching of new activities and the termination of existing activities.
57. the Governing Board shall consist of three members of the Management Board, the Director-General, who shall perform the functions of Chairman of the Board, and two of his deputies.
58. The Governing Board shall approve:

58.1. the Agency's internal rules and shall be specified in the Agency's work organisation;
58.2. number of employees of the Agency and staff list, as well as the pay Agency employees.
59. The members of the Council, the members of the Management Board, certified auditor and the remuneration of the liquidator determines the State Governors.
60. The Director-General shall be appointed by the national cabinet Governor's proposal.
61. the Director-General of State Governors by appointing a proposal the other Board members.
62. at least two Board members must be citizens of the Republic of Latvia or its residents, who lived in Latvia not less than 21 years.
63. The Director-General shall certify one of the Vice-Chairmen of the first Vice-President.
64. The Director-General first Deputy Director-General responsibilities shall perform only in its absence (vacation, business travel, disease) or on his behalf, as well as if the Director-General is appointed.
65. The Executive Board are appointed for three years. Member of the Board may be reappointed for a new term.
66. the powers, contracts and other documents signed by the Director-General or his authorized person in writing. Bank documents and documents in accordance with the law signed by the Director-General in writing authorised person.
67. Of all the changes in the composition of the Management Board, as well as the signature of the members of the Executive Board of the Agency shall notify the Registrar of companies, and these changes shall enter into force upon their registration with the register of enterprises. About the changes in the composition of the Management Board shall report to the Registrar of companies the State Governors.
68. The Executive Board shall make approved national settlement agency Governors economic action plan.
69. the Board meeting shall be convened by the Director General at least once a month.
70. the Executive Board shall be valid if they are sitting on at least two members of the Executive Board. If the hearing decision is not accepted, the reuse is convened Board meeting.
71. Each member of the Executive Board Board meeting shall have one vote. The Executive Board shall take decisions by a simple majority of those present. If the votes are divided into equal, the Director-General shall have a casting vote.
72. the Board noted in the minutes, as the matter of voting by each Board member. The members of the Board of the different views of the record in the minutes of the Board.
73. the minutes of the proceedings of the Board signed by all the members of the Executive Board members present.
74. The Board may obtain from the Agency's compensation for loss caused to him because of the dismissal, if it was not justified.
75. The Board may at any time submit to the public trustee application for resignation.
76. The decision on the termination of Office of the Director-General of the Cabinet of Ministers adopted by State Governors, the Director General of the proposal if its operation violates the law or the statutes, as well as the Director-General's application for resignation.
77. the Office of Member of the Board of the Agency is incompatible with being in the company of another company or the regulatory authorities, as well as with the work of the other company or companies, State or municipal institution, organization or institution.
78. The Board with the permission of the Director-General must only be performed by a pedagogical, scientific or other creative work, but the jobs mentioned by the Director-General may be carried out with the permission of the State Governors.
79. the members of the Management Board within a period of two weeks from the date of the appointment must be communicated in writing to the public trustee, any enterprises or companies they own, what companies they own shares in the company to which they are members of the Council or the Executive Board, as well as national or local State Governors.
80. A month from the day when the Board appointed, he left Council or Board member in other companies, and on the register of enterprises must be annotated accordingly.
81. The Director-General of the Agency for the operational management and determines the obligations of the members of the Board.
82. According to the law, the Director-General of the Cabinet of Ministers regulations and in accordance with the procedure laid down in these statutes, on behalf of the Agency: the Agency's interests represented 82.1. State and local government institutions, other institutions and organizations, as well as the undertakings (companies);
82.2. The Agency handled property and funds;
82.3. switch, jobs and other economic agreements;
82.4. issue;
82.5. current accounts opened in the bank and other accounts;
82.6. issued commands and instructs in matters within his competence and that is mandatory for all staff of the Agency;
82.7. recruiting and dismissal of employees of the Agency of the Latvian labour code specified in the order;
ask an expert and 82.8. determine their remuneration.
83. the Director-General shall have the right at any time suspended Board members from their duties and to recommend the State Governors to release him from the post, if the Board in its activity violates the law or the Statute.
84. The Governing Board shall have the onus on a quarterly basis to provide quarterly reports to the Council on its activities and at the end of the year — the annual report.
85. If the members of the Board Act illegally, violating its mandate or not complied with the law and these statutes or State Governor's instructions and decisions or acts negligently or intentionally malicious, they are jointly and severally liable for the full amount of all his property for the Agency, the creditors and the damage caused to the State.
VIII. the Agency's financial resources and their use in 86. the Agency is funded: 53.5. from social security payments laid down in special budgets relating to the special budget administration and State grants an annual national budget to the maximum extent permitted by law;
86.2. income for economic activity;
86.3. from fees for services related to business;
86.4. of gifts and donations.
87. the Agency's financial resources also share capital, foreign investment, loans and technical assistance.
88. the Agency's operating activities excess of income gained in over expenditure must be placed in a reserve (Reserve Fund), which advances to the next financial year. This amount shall not be subject to the corporate income tax and cannot be removed or added into the State budget. Reserve (Reserve Fund) funds should be used only with the Agency's activities related to the public cost of the Governor's written acceptance.
89. Other provisions the Agency is not allowed.
90. the Agency is not empowered to make donations, provide loans, give guarantees, as well as do other activities of the Agency and the Organization of related expenses.
IX. annual report of the Agency

91. the Agency shall organise accounting and statistical tracking, and shall draw up and submit an annual report in accordance with the law "on accounting" and law "Of the annual accounts" and other regulatory requirements.
92. the Agency arranges business and special budget funds separate accounting and statistical tracking. The Agency is bound by the Treasury guidance on the special budget funds, as well as guidance on the financial reporting of the use of funds.
93. The Agency's accounts and annual report of the Executive Board is responsible.
94. the Agency's report includes 12 months a year, and it coincides with the calendar year.
95. for each financial year, the Agency shall draw up an annual report, which is the balance sheet, profit and loss statements, cash flow statement and the report.
96. the Agency's annual report submitted to the Council which shall examine it and, together with its opinion sent to the public trustee. The Agency's annual report approved by the State Governor.
97. After the State Governor confirmed the Agency's annual report, the Agency's excess of income over expenditure included in the reserves (Reserve Fund).
98. No later than one month after the approval of the annual report and not later than four months after the end of the year, the Agency shall forward to the State revenue service territorial authority, the Treasury, the State Statistics Committee and the Registrar of companies a copy of the audited annual accounts, reports and sworn auditor's opinion.
99. the Executive Board shall be published in the Agency's balance sheet and the profit and loss statement in the newspaper "journal".
X. activities of the Agency monitoring and auditing 100. the Agency is controlled by the sworn auditors, State Governors set up permanent or temporary commissions in certain matters, as well as duly authorised State institutions.
101. the Chartered Auditors each year are appointed by the State Governor.
102. sworn auditors examined the activities of the Agency during the year and works up to the current year's statement of approval.
103. the certified auditor may be expert, who got a sworn auditor's name in accordance with the law "On sworn auditors".
104. the certified auditor may be appointed only a person with the Agency does not have an economic relationship which does not work for the Agency.
105. the certified auditor may not be the person with the Governors, the Council of State or a member of the management board or chief accounting officer is up to the third degree of kinship or affinity up to the second degree.
106. at the Agency's annual report of the Executive Board shall notify the sworn auditors that the Agency's annual report has been prepared, the register concluded and documents available for inspection.
107. sworn auditors have the right to view and audit all Agency goods and verify all the Agency's financial and economic activities.
108. sworn auditors have the right at any time to carry out its control and inspection.
109. sworn auditors with the consent of the Board is entitled to call in experts. In this case, the Board determines the remuneration of outside experts, and, taking into account the sworn auditor recommendations.
110. sworn auditors should immediately notify the public trustee and the Council on the Board and it exposed in the work of the departments identified shortcomings and violations.
111. For sworn auditors the audit in accordance with the law "on the annual accounts of companies ' requirements, draw up a report, which the Board with his opinion and submit an annual report to the public trustee.
112. sworn auditors carry out their activities according to the legislation. Sworn auditors are responsible to the Agency and to third parties for damage caused to him. They are not responsible for the Board and its subordinate departments, except where they have known about the abuses, but has not informed the Governor or the State Council.
XI. the Agency's reorganization, termination and amendment of the statutes of the order 113. reorganization of the Agency in accordance with the order of the Cabinet of Ministers.
114. it is prohibited to reorganize the Agency, if the reorganization changes the owner, as well as eliminating the Agency, to the reorganisation.
115. the amendments made to the Statute of the Agency, the Cabinet of Ministers, on a proposal by the State Governor or on its own initiative.
116. amendments to the Statute of the Agency must be submitted to the companies registry in the law "on enterprise register of the Republic of Latvia".
117. the agency ceases its activities with its liquidation in such cases: 117.1. by order of the Cabinet of Ministers;
117.2. with court ruling;
117.3. bankruptcy.
118. By eliminating the Agency, applicable bankruptcy law "on bankruptcy of enterprises and companies".
119. information on the reorganization or the liquidation of the Agency published laws.
120. the winding up of the Agency, except the bankruptcy liquidation, exercise of State Governors are appointed by the liquidators. With the appointment of a liquidator the powers of the members of the Management Board ceases. State Governors appointed liquidators can cancel at any time.
121. The liquidator in the winding up of the Agency shall be made to the law "on business" and the law "on joint stock companies".
122. the activities of the liquidators are subject to the same rules applicable to the Agency's Board.
123. the State Governors, Council and Board members are obliged to provide in the course of liquidation the liquidator the needed information.
124. The liquidator of State Governors within the report about its activities, but after the closure of winding-up proceedings — an overview of the entire period of liquidation activities.
125. The liquidators who knowingly or negligently have not fulfilled them in accordance with the law, these terms of reference or decisions of State Governors, his duties shall be jointly and severally liable for the damage done to kill the Agency, its creditors and the State.
126. the agency ceases its activities once it is removed from the register of companies. After the liquidation of the remaining assets of the Agency remains in the country.
XII. concluding issues 127. With the January 1, 1998, to be declared unenforceable in the Cabinet of 23 April 1996, the provisions of no. 151 "State social insurance fund" (Latvia's journal, 1996, nr. 74).
Prime Minister g. Coast Prosperity Minister v. Makarova in the