A Non-Profit Organization Of State Joint Stock Company "grain Marketing Agency" Statute

Original Language Title: Bezpeļņas organizācijas valsts akciju sabiedrības "Labības tirdzniecības aģentūra" statūti

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The Cabinet of Ministers of the Republic of Latvia in the 1997 regulation on October 21. 356 in Riga (No. 58.4. ¤) a non-profit organization of State joint stock company "grain marketing agency" Statute Issued in accordance with the law "On the internal market and the national reserve of cereals" article 3, second paragraph, point 4 i. General questions 1. Non-profit organisation State joint stock company "grain marketing agency" (hereinafter referred to as the Agency) is a public limited company that operates in accordance with the principles of the non-profit organization and which all share capital belongs to the State.
2. full name of the Agency-a non-profit organisation State joint stock company "grain marketing agency", short name-"grain marketing agency", the Agency's name in English-"Cereal trade Agency".
3. the Agency's founder is the State.
4. the holder of the shares of the country's Ministry of agriculture is the Agency.
5. the Agency shall have legal personality, and it has its own balance and settlement accounts and other accounts, as well as attributes to the Agency's emblem and seal with the full name of the Agency.
6. the Agency shall have a separate property. The Agency may acquire property in its own name and personal property rights, not to assume the obligations and in accordance with the objectives and tasks to do business in the territory of the Republic of Latvia and abroad. The Agency may be a plaintiff and defendant in court or in arbitration.
7. the Agency shall be responsible for its obligations with all property belonging thereto, to which under the law can draw power.
8. the State is responsible for the Agency's obligations only with your investment in fixed capital. The Agency is not responsible for the obligations of the country.
9. the Agency operates in accordance with the law on nonprofit organizations ", the law" On joint stock companies ", the law" On the internal market and the national reserve of cereals "and other laws and regulations as well as these terms of reference.
10. the Agency For the disclosure of sensitive information to its employees are responsible for laws and other legislation.
11. the Agency is established for an indefinite period.
12. the Agency's legal address: Dzirnavu Street 87/89, Riga, LV-1011, Latvia.
II. the objective of the Agency's activities and direction of the Agency activities 13. goal is to implement the national policy of cereals and prepare a national cereal balance production and consumption, as well as follow its execution and through the national grain reserve, to promote and stimulate economic cereal market, maintaining continuity in the provision of consumers with cereals and its products in accordance with the laws and Cabinet regulations.
14. The law "On the internal market and national grain reserves" in the performance of tasks specified in the Agency's work in the following directions: 14.1. handling state grain reserve and allocated funds for the purchase and storage of them;
14.2. receives and collects the Cabinet of the national cereal production and consumption balance sheet the information required;
14.3. manages Agency owned or owned immovable and movable property;
14.4. organizes seminars, exhibitions and other events marketing and processing of cereals;
14.5. the cereal import and export, as well as with those operations.
III. capital and reserves of the Agency 15. Agencies formed and registered share capital is 66320 lats, and it is divided into ordinary shares 66320. The nominal value of each share is one dollar.
16. the Agency's capital can increase or decrease the only Cabinet.
17. If the Agency's capital increase, with the involvement of additional capital, the Cabinet of Ministers with the relevant law, only the State can invest.
18. If the Agency's capital increase, with the involvement of additional capital, and pay for the shares, investing in physical things, evaluate investment, as well as the opinion drawn up and published by independent experts in the law "on joint stock companies".
19. If the share capital increase of the Agency by transforming part of the capital accumulated in the Agency for the capital, the Agency's share capital including the Agency's portion of the property after a year of the balance sheet or exceptional approval of the balance sheet exceeds the amount of the share capital.
20. By an order of the Cabinet of Ministers, the Agency may reduce its share capital by reducing the nominal value of each share.
21. Reducing the share capital, the Agency adhered to the law "on joint stock companies" requirements concerning the protection of the interests of the creditors shares in the event of liquidation of the company.
22. the Agency's income over expenditure excess is counted in the reserve (Reserve Fund), which advances to the next financial year.
23. Reserves (Reserve Fund) funds should be used only in the 13 and 14 of the Statute, the objectives set out in the paragraph. Other capital and provisions the Agency is not allowed.
24. The Agency is prohibited from fixed assets to make it difficult to issue any type of loans and guarantees or guarantees given.
IV. Agency governance 25. the Agency's governing body is the general meeting of shareholders and the Board.
V. the general meeting of Shareholders (the trustee) 26. General meeting of shareholders, which does the Ministry of agriculture appointed a State Governor, is the supreme governing body of the Agency, and it has the following functions: 26.1. examine and approve reports of the Management Board of the Agency's annual report (annual report);
26.2. the release from liability of the members of the Board for the previous year or to propose their prosecution;
26.3. on a proposal from the Executive Board to approve the Agency's annual activity plan and the estimated costs;
16.4. to appoint and relieve of Office of the members of the Board (other than the Director-General) and certified auditor of the Agency (hereinafter referred to as the sworn auditor), as well as to decide on the request and complaint against lifting such persons or for the claim and the termination of the complainant against them;
16.5. to appoint the Commission of property values for the detection of growth or reduction as well as to confirm that the Commission's assessment.
27. The trustee legislation duly submitted to the State capital to the holder of such proposals: 27.1. for the amendment of the articles of Association;
27.2. for share capital increases or decreases;
27.3. the reorganization of the Agency;
27.4. the liquidation of the Agency.
28. The trustee: 28.1. monitors the activities of the Agency;
28.2. the Control Board of the action Agency to things be sorted according to the general meeting of shareholders (Trustee);
28.3. represent the Agency in court in all the Agency's requirements brought against members of the Management Board as well as Board members brought requirements against the Agency.
29. The trustee is entitled, at any time, request the Executive Board review of the Agency's activities.
30. the decisions taken by the Governors have expressed in writing.
31. the approved annual report, expenditure and subsequent activities of the Governors shall provide the holder of the national capital.
32. The Ministry of the Minister may cancel the trustee's decisions if they do not comply with the laws or regulations of the Cabinet.
33. The trustee does not interfere with the operational management of the Agency and not on behalf of any Agency concluded deals.
34. The Governor may not be on board, as well as for the certified auditor.
35. The trustee cannot delegate its duties to another person.
36. The trustee shall perform their duties according to the contract concluded.
37. If the trustee, prolonged absence, illness or other cause is unable to perform his functions, the Minister of agriculture to order may ask for time to carry out the functions of the trustee to another person.
38. the Board of Governors, as well as after the receipt of the reasoned are entitled to convene a general meeting of shareholders.
39. A motivated request to convene the general meeting of shareholders shall submit to the agent the sitting Chairman of the Board.
40. the general meeting of shareholders of Governors meeting invited the Chairman of the Executive Board. Invitation and announcement on the meeting agenda, sent by registered mail or served against signature.
41. The members of the Board shall be entitled to participate in the general meeting of shareholders in an advisory capacity.
Vi. Executive Board and the Director-General the Board knows and 42. directs all agencies. It is responsible for all of the Agency's economic and financial activity.
43. The Board is composed of the Director General of the Agency (hereinafter referred to as the Director-General) and two members of the Management Board, on a proposal from the Director-General shall be appointed by the Governor. Contracts with members of the Board of Governors the State switch.
44. the functions of the Chairman of the Management Board shall take the Director-General.
45. The Director-General's nomination of the Minister of agriculture after the proposal approved by the Cabinet of Ministers. The Director-General shall be appointed and removed from Office by the Minister of agriculture. Employment contract with the Director-General of the State Governor switch.
46. the activities of the Management Board and the obligations of the members of the Management Board is determined by the Director General.
47. the Executive Board shall have the right: to create a separate Commission 29.3. issues, to clarify or to control and identify those who work pay;
47.2. The activities of the Agency to promulgate necessary to ensure competition and make the selection of the tenderer;
47.3. approve the Agency's employee wage and material incentive rules.
48. the Executive Board: 29.9. represent the Agency in matters which do not represent the Governor;

the agency manages assets 48.2. and proceed with the funds of the Agency in accordance with the laws and other legislation and these statutes;
48.3. the activities of the Agency shall be decided all issues, except the Governor competence issues;
30.1. preparing and submitting a proxy holder the Agency's annual activity plan and the estimated costs, as well as the annual report;
30.1. the agency unit functions and responsibilities, as well as approve the regulations.
49. the members of the Management Board shall be appointed for a maximum period of three years. Board members may be reappointed for a new term.
50. The Executive Board shall be responsible for the Agency's expenditure estimates.
51. the Director-General is binding on all members of the Board applied limitations and conditions for the liability of the members of the Executive Board.
52. contracts and other financial documents signed by the Director-General or his authorized Board member.
53. Bank and cash documents, laws and other legislation in accordance with the procedure laid down by the Director-General of the signature or his authorised person.
54. If the interests of the Agency is faced with some of the members of the Management Board, his spouse or relatives (counting up to the third degree of kinship and affinity to the second degree) interest, in consideration of the case in question concerned the Board without the right to vote, for which the mark is to be made in the minutes of the Board. If the members of the Board have violated those requirements, they are responsible for the damage caused to the Agency.
55. the Board at least once a month, convened by the Director General.
56. the Executive Board shall be valid, if the meeting of all the members of the Management Board.
57. Each member of the Executive Board Board meeting shall have one vote.
58. the decision of the Management Board is adopted if the vote on the two members of the Executive Board. If the votes are divided into similar, the Director-General shall have a casting vote.
59. If any of the Board members did not agree with the decision of the Board and vote against it, he is not responsible for the decisions of the Board. Some Board members thought the record at his request the minutes of the hearing of the Board.
60. the Board noted in the minutes, as the matter concerned has been voted each of those present at the hearing board members.
61. Board meeting minutes shall be signed by all Board members present at the hearing.
62. The Executive Board may, at any time, submit to the Governor to free her from the duties of Board members.
63. The trustee has the right to censure the Member of his duties, if the Board committed a gross misconduct.
64. The Director-General and the members of the Board of business, income generation, job connect and work limitations of default, as well as other related constraints, duties and responsibilities determined by the anti-corruption law.
65. The Director-General: 65.1. the operational management of the Agency;
65.2. the interests of the Agency representative State and local institutions, as well as other areas of the Republic of Latvia and the international organizations and enterprises (companies);
65.3. the Agency's property and funds;
65.4. the switch, and other economic agreements;
65.5. within their competence shall be issued;
65.6. open settlement bank accounts and other accounts;
65.7. Approves the establishment of the employees of the Agency;
65.8. determines the Agency's employee pay;
65.9. issue orders and give instructions, which is mandatory for all staff of the Agency;
65.10. in recruiting and exempt from agency employees.
66. The Director-General shall inform the trustee of each of the Agency's spending in excess of 5000 lats, if it has not been approved in the budget of the Agency and is not associated with the grain purchase.
67. If the members of the Management Board acting unlawfully, overstep its authority or does not comply with the laws, other legal acts and this Statute or act negligently or intentionally malicious, they are jointly and severally liable in full with all your property responsible for the State, the Agency and the damage caused to the creditors.
VII. Organization of the work of the Agency, the financial resources and their utilization in 68. its activities the Agency shall be implemented in accordance with the objectives set out in these statutes and objectives. Organization of the work of the agency determines the Board approved the Agency's internal rules.
69. the Agency's financial resources form the national tasks allocated to the national budget, income from services rendered, income from operating activities, investment funds, donations, foreign investment and technical assistance, as well as other features.
VIII. Annual report 70. the Agency shall organise accounting and statistical tracking, and shall draw up and submit annual reports in accordance with the law "on accounting" and the law "on the annual accounts of companies ' requirements.
71. After the approval of the annual report of the Agency in excess of income over expenditure included in the reserves (Reserve Fund).
72. 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 sent to the relevant Department of the State revenue service, the State Statistics Committee and the Registrar of companies a copy of the approved annual report and audit opinion of the jury, which contains the report approved.
IX. Activities of the Agency monitoring and auditing the activities of the Agency of 73. controlled: 73.1. the Agency's sworn auditor;
73.2. proxy created for permanent or temporary Commission of certain matters;
73.3. the Agency for the control of the authorized State institutions.
74. Certified Auditor appointed by the trustee each year.
75. A sworn auditor examined the activities of the Agency during the year and works up to the current year's statement of approval.
76. by drawing up the annual accounts of the Agency's Management Board shall immediately notify the sworn auditor that the annual report is prepared, the register concluded and documents available for inspection.
77. A sworn auditor is entitled to view and audit all Agency goods and to check the Agency's financial and economic activities. Sworn auditor is entitled to carry out the controls and inspections at any time.
78. A sworn auditor report to the trustee for the Board and its work in the departments identified shortcomings and violations.
79. Concerning the audit of the sworn auditor in accordance with the law on annual accounts "report, which the Board with his opinion, and the annual report shall be submitted to the Governor for approval.
80. A sworn auditor in accordance with the laws and other legal acts.
81. A sworn auditor is responsible for the Agency and third parties for losses incurred, if he knowingly or negligently not fulfilled their tasks. Sworn auditor is not responsible for the Board and its subordinate departments of the infringements, except if he is unaware of those violations, but has not informed the Governor.
X. Agency reorganization and winding up of 82. Agency may be reorganized with an order of the Cabinet of Ministers.
83. Agency abolished by order of the Cabinet of Ministers or by a court ruling.
84. the trustee for the liquidation of the Agency shall appoint the liquidators. With the appointment of a liquidator the powers of the members of the Management Board ceases.
85. The liquidators of the agency eliminated the law "on business", the law "on non-profits" and the law "on joint stock companies".
86. Where the Agency is liquidated or reorganized for profit company, reserve funds and assets acquired on a reserve fund accumulated funds, over the public domain.
87. the activities of the liquidators are subject to the same conditions applicable to the action of the Board.
88. The liquidators a trustee within the time limits provided an overview of their activities, but after the completion of the liquidation of the Agency-overview of all the Agency's activities during the liquidation.
89. the liquidator of the Agency are jointly and severally responsible for managing agency, the State and creditors for losses incurred, if they intentionally or negligently not fulfilled in accordance with the law "On joint stock companies" and these statutes assigned duties.
90. the Agency end its activities in the day when it is turned off from the register of companies.
Prime Minister g. shore farming Minister a. Rāviņš

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