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The Order In Which Notification Of The Agreement Concluded With The State Or Municipal Governors

Original Language Title: Kārtība, kādā slēdzams pilnvarojuma līgums ar valsts vai pašvaldības pilnvarnieku

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Cabinet of Ministers Regulations No 310 (No. 40.24) arrangements operable mandate contract with State or local proxy Issued in accordance with the constitutional procedure laid down in article 81 of Cabinet of Ministers issued on 10 April 1996, the provisions of no. 127 "rules on State and local capital management companies" 36 1. National (local) the holder of the shares in the company to independently develop and conclude contract of mandate, based on the model of authorisation (annex 1) and in accordance with national (local) the size of the share of capital in the company as well as other features.
2. National (local) the holder of the shares the State (municipalities) in its own development and incorporated companies switch mandate contract based on empowerment model (local) for incorporated companies (annex 2).
3. the State (municipalities) of the applicant must be submitted to the Governors the State (municipalities) of the applicant, a notice of Trustees (annex 3), the holder of the shares within a period to be fixed, but no later than the appointment of the applicant on the State (municipalities) of the Governors.
Prime Minister a. slice the Finance Minister Kreitus A.G. in Riga august 6, 1996 annex 1 in the Cabinet of Ministers of 6 august 1996, regulations No 310 model of empowerment and of 199 __. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (the place of conclusion of the contract) the public (municipal) share holder, ____ ____ ____ ____ ____ ____ ____ ____ ____ __ (name of the holder of the shares) ____ ____ ____ ____ ____ ____ ____ ____ _____ (post name) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (name) ___ ___ ____ ____ ____ ____ ____ person (hereinafter referred to as "the principal") which shall operate in accordance with ___ ___ ____ ____ ____ ____ (name) ___ ___ ___ ___ on the one hand, and _____ _____ _____ _____ _____ _____ _____ (name) ____ ____ ____ ____ ____ ____ ____ ____ __ (hereinafter "the trustee") on the other hand, in keeping with its deliberately, expressed freely and seriously want to conclude such an agreement.
/. General provisions l. principal instructs the trustee to represent the host and principal in the company _____ _____ _____ _____ _____ _____ _____ (name of company) _____ _____ _____ _____ _____ _____ _____ (hereinafter referred to as "the company").
2. The trustee shall assume the principal shareholders to realize the (Member's) rights and obligations in society in accordance with the terms of this agreement.
3. the company is located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (the company's legal address) ____ __ _____.
4. Company registered in the business register and the annual 199. ____ ____ ____ ____ ____ ____ ___ ____ with registration no ___ 5. Principal and Governors of relationship and action based on law: 5.1 "for State and local government capital companies";
5.2. the law "on State and local government business transformation of incorporated companies";
5.3. the law "On State and local funding and to the prevention of wastage";
5.4. the law governing the form of the company's business;
5.5. the civil code;
5.6. to other acts, as well as to this agreement.
//. Trustee responsibilities and rights 6. Representing the company Principal Trustee must encourage public statutory operating objectives.
7. the Governor must take those actions which the shareholder (member) provided for in the law governing companies in business form and observe the provisions of this agreement.
8. The trustee may take only such action as required by the shareholders (participants) of the obligation and the right marketing company, and which are necessary in connection with it.
9. If the Governor violated his mandate border, then his actions made are valid only insofar as they met in accordance with the task to him.
10. If the trustee without him asked things done another thing, then he regards to be subject to the rules on record keeping never asked.
11. the trustee shall promptly, but not later than during the week, must be reported to the principal: 11. l. If any member of the public wants to alienate his own capital (stocks, shares, share);
11.2. If the company's assets are seized or difficult and movable apgrūtinām goods or value exceeding 10 per cent of the total value of public property;
11.3. If the company made investments in other companies;
11.4. If a governing body of the society or the Member of the Executive or the Executive Director of the company (President), which is not a member of the Executive Body, is disqualified from the post or posts;
11.5. the Audit Commission, sworn auditor or auditor's activities and decisions;
11.6. the most important administrative organ of the public and the decision of the Executive Body;
7.3. for every major company in question;
11.8. the exchange of its pamatdarbaviet;
7.4. If the duration of the contract in circumstances that do not allow the trustee to act as a proxy and which are intended for the law "on State and local Government of the capital managed by the host societies".
12. The proxy holder should report to the principal of each general meeting of the shareholders (members meeting) immediately after its notification or notification and, at the same time, to introduce the principal with the meeting agenda.
13. The Governor must immediately provide the principal all the messages that are in the possession of the Trustee and of the principal is required for a decision.
14. The Governor General meeting (the meeting of members) may vote only as instructed by the principal.
15. The Governors to receive the principal's prior written consent: 15.1 the election of Governors by the governing bodies of the company or the executive body or the Audit Commission of the company's auditor;
15.2. the election of Governors by any other administrative organ of the company or the Executive Body, the Audit Commission or for other company auditor;
15.3. to become principal trustee of any other company.
16. After receiving instructions of the principal trustee must act strictly in accordance with them. If the principal has not provided instructions, the proxy must behave as if the case would even be the principal, with a view to the necessary or the most advantageous outcome.
17. the provisions of this agreement during the performance of a trustee with the greatest care to make decisions and take action, subject to the following limits: 17.1. Governors may not alienate, pledge or encumber shares (shares, shares, share);
17.2. the trustee is prohibited from spending to refuse to vote the shareholders general meeting (the meeting of participants). For such a waiver is deemed not arrive at the meeting after the corresponding notification if the Governor for failing to participate in the general meeting of shareholders (meeting of members) did not notice that the principal should provide the principal option, if necessary, appoint for this meeting of the Governors of the other;
17.3. The proxy holder may not delegate his duties to another person, that is, to make pārpilnvarojum (substitutions), therefore not subject to the Governors of the civil code 2299. the provisions of article;
17.4. The trustee may not violate the given task within him, and he must follow the instructions of the Principal;
17.5. The trustee is not personally entitled to receive payments (dividends, liquidation quota, etc.) by the company principal;
10.9. The trustee may not benefit from shareholder (member) duties of the profit for yourself; All the Governors he authorized or taken, and got all the basic tasks for things, rights and claims must be returned to the principal;
17.7. The proxy for this contract period and three years following its expiry is banned: 17.7. l., directly or through a third party to receive any form of remuneration, of the value or material gifts from the company, its governing body or executive body, its members or officials;
17.7.2. become the shareholders (participants) of public or other property owners.
18. The trustee shall be entitled to require and receive from the principal's performance of his duties the necessary funds.
19. The Governor must give the principal settlement on the progress of the task, especially on all related revenue and expenses.
20. If the principal has appointed a number of Governors to the public, then the principal will determine whether the Governors themselves agree which of them will make the decision (to vote) the general meeting of the company. Not more than one expression of the will of all the Governors in each of the general meeting of shareholders (members meeting) agenda.
III. Principal's obligations and rights proxy holder is fixed at 21. reward for the task authorization of $ _____ (_____ ____ ____ ____) month (amount in words) 22. paragraph 21 of this agreement in the amount of remuneration can be changed if Cabinet has determined different authorisation procedures or payment of remuneration.
23. at the company's annual report, the trustee paid additional remuneration for the performance of the tasks of the authority ___ ____ ____ ___ (specify an amount, a percentage of what size or pointer, another payment principle)

24. the principal must be notified in writing to the trustee as to which person (persons) the trustee must submit this agreement provided for and document the person (people) can make trustee assignments on behalf of the principal.
25. The principal must provide the trustee carrying out his duties in the smooth operation of the necessary information and documents for the public.
26. The principal must give the trustee a written task, how to vote on each item on the agenda of the general meeting of shareholders (members meeting).
27. If the principal wishes to Governor take specific actions, the Principal must give the trustee a written task.
28. the principal must be notified of its decision within a time limit which the proxy holder shall ensure the implementation of the decision.
29. The obligations entered into by the Governors, the principal should be recognised and enforced, unless the Governor has broken his given task.
30. the principal is entitled: 30.1. any time request from the Trustee in his possession of the news about the society and to provide guidance to the Trustees on any question relating to the shareholders (the members);
30.2. ask another person to temporarily take the duties of a trustee, if the Governor is unable to perform because of sickness or some other reason.
31. The principal must give the trustee the things necessary to conduct, but if the Governors have used their funds, then the principal should these costs be reimbursed immediately, then when the Governor submitted the supporting documents.
IV. liability of the Parties 32. Trustee during the execution of the task is to work with the greatest care, and he responds to his principal for every negligence, which has suffered damage to his principal, unless this agreement provides otherwise.
33. If the trustee has not fulfilled the task, but the principal because of any loss not occurred, then this obligation by not giving the right to any Principal claims against the Trustee.
34. Any damage caused by the trustee duties of the victim's negligence, the principal principal owed him compensation.
35. the case of the consequences of the accidental Governor answer only if he took such a risk.
36. If the trustee does not provide principal in the contract particulars and documents or give false information, he shall be responsible for the damages that occurred due to the principal or to the public.
37. The principal and Governors declares that they have the ability and right to enter into commitments in the amount specified in the contract and they are responsible for damages resulting from the other parties, if this agreement is held to be invalid under the civil code and article 1405 1415.
38. This agreement directly in those cases the Trustee will respond in accordance with the procedure prescribed by law.
39. If the fulfill shareholders (members) responsibilities in society the principal instructs several Governors together, then they answer as a debtor in bankruptcy, but to his principal, if one of those Governors pass the obligation towards the principal, then the other is released from any further liability to the principal.
V. termination of contract shall terminate in 40:24.9. with the parties by mutual agreement;
40.2. The principal withdraws the authorisation when;
When the Governor praised 25.0 mandate;
40.4. the limitation of the capacity of the Governors;
25.2. the Trustee's death;
40.6. reorganization or liquidation by the Principal;
40.7. share (stock, shares, share) a change of the holder;
25.4. the privatization of part of the capital;
25.4. with this contract dispute or termination of the given task.
41. The principal may withdraw the authorisation at any time.
42. the trustee on behalf of the principal notice be warned at least a month in advance.
43. The Governor may terminate this contract only after he has passed on his efforts, submitted the report and passed all his possession of this Agreement relating to the implementation of the property, documents and other things the principal or a designated person. To use the transfer to the trustee is entitled to terminate this contract obligations.
44. The Governor may terminate the authorisation, but he did not do evil and not time to principal would be able to take the necessary steps to conduct of the case.
45. even if the principal wishes to exercise their shareholders (participants) rights and obligations to inform him before the Governor that the Governor's action in accordance with this agreement is limited to a specified period of time, termination of the contract.
Vi. 46. Disputes disputes arising during the execution of this agreement and are related to the damages, and may not be resolved in mutual negotiation, are pending in court.
47. disputes that arise between several Governors in their Public Authority contracts, obligations, the principal distinction.
VII. final provisions 48. Contract ____ ____ ____ ____ ____ ________. (the term of a contract or mandate objective) 49. the contract shall enter into force on signature.
50. the contract shall be drawn up on the pages of four copies that have the same legal force.
51. One copy of the contract is delivered to the Registrar of companies, the other is passed to the Executive Body, and the public one by one copy of the contract and the principal the trustee receives.
52. details of the principal: address ____ ____ ____ ____ ____ ____ ____ ____ ____ 53. details of the Governors: address _____ _____ _____ _____ _____ _____ _____ the Passport series and number ____ ____ ____ ____ ____ ____ ___ passport issue place ____ ____ ____ ____ ____ ____ ____ ID number ___ ___ ___-_____ ___ Principal (signature) on behalf of the Minister of Finance Kreitus Z.v. A.G. in annex 2 of the Cabinet of Ministers of 6 august 1996, regulations No 310 empowerment model State (municipalities) of the 199 incorporated companies _ _ _. _ ___ ____ ____ ____ ____ ___ (the place of conclusion of the contract) the public (municipal) share holder, ____ ____ ____ ____ ___ (the name of the holder of the shares) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _____ (post name) ___ ___ _____ _____ (name) ____ ____ ____ ____ ____ ____ ____ ____ person (hereinafter referred to as "the principal"), acting in accordance with the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (name) ___ ___ ___ ___ ___ on the one hand, and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (name and surname) "Governor"), on the other hand, in keeping with its deliberately, expressed freely and seriously want to conclude such an agreement.
/. 1. General rules instructs the trustee accepts the principal and to represent the principal _____ _____ _____ _____ _____ (hereinafter referred to as the "company"), (name of the incorporated companies) 2. Trustee assumes the principal shareholders to realize the (Member's) rights and obligations in society in accordance with the terms of this agreement.
3. the company is located in the _____ _____ _____ _____ _____ _____ _____ _____ _____ ____ ___ (the official address of the incorporated companies) company registered 4 register of companies and the annual 199 _____. _____ _____ _____ with registration No. _____ _____.
5. The principal and Governors of relationship and action based on law: 5.1 "for State and local government capital companies";
5.2. the law "on State and local government business transformation of incorporated companies";
5.3. the law "On State and local funding and to the prevention of wastage";
5.4. the law governing the form of the company's business;
5.5. the civil code;
5.6. to other acts, and to this agreement.
//. Trustee responsibilities and rights 6. Representing the company Principal Trustee must encourage public statutory operating objectives.
7. the Trustee shall perform the activities provided for in the statutes of the society, as well as to respect the law governing companies business form, the law "on State and local government business transformation of incorporated companies" and this agreement.
8. the trustee before making a decision at the general meeting of shareholders must receive the prior written consent of the principal public matters provided for in the statutes, but if it is not provided for in the statutes, at least on the amendment of the articles of the company, the share capital increases or decreases, as well as for the public issue of securities and the conversion.
9. If the public statutes amended accordingly to the Statute would not be contrary to the law "on State and local government business transformation of incorporated companies", the trustee must take steps, to the amendments to be made as soon as possible, but until this amendment of the Governors of their activities and decisions should be aligned with the legal requirements.
10. If further legislation will be amended, on which the Statute of society come into conflict with the law, the Governor must do the same, as set out in paragraph 9 of this agreement.

11. If the Governor violated his mandate border, then his actions made are valid only insofar as they met in accordance with this mandate.
12. If the trustee without him asked things done another thing, then he regards to be subject to the rules on record keeping never asked.
13. the trustee shall promptly, but not later than during the week, must be reported to the principal: 13.1. If the company acquires, increased or reduced participation in other companies;
13.2. If any member of the executive body of the company or the Executive Director (President), which is not a member of the Executive Body, is disqualified from the post or posts;
13.3. for every major company in question;
13.4. the exchange of its pamatdarbaviet;
13.5. If the duration of the contract in circumstances that do not allow the trustee to act as a proxy and set out in the law "on State and local capital management companies".
14. Trustee must be reported to the principal of each general meeting of the shareholders (members meeting) immediately after its notification or notification and, at the same time, to introduce the principal with the meeting agenda.
15. The proxy holder must immediately provide the principal all the messages that are in the possession of the Trustee and of the principal is required for a decision.
16. The Governors to receive the principal's prior written consent: 16.1. the election of Governors by any other administrative organ of the company, the Executive Body, the Audit Commission or auditor;
16.2. to become principal trustee of any other company.
17. After receiving instructions of the principal trustee must act strictly in accordance with them. If the principal has not provided guidance on matters provided for in this agreement, the trustee must act, as the case would even be the principal, with a view to the necessary or the most advantageous outcome.
18. This provision of the Treaty during the execution of the proxy holder with the greatest care to make decisions and take action, subject to the following limits: 18.1. Trustee must not alienate, pledge or encumber shares (shares, shares, share);
18.2. the trustee is prohibited from spending to refuse to vote the shareholders general meeting (the meeting of participants). For such a refusal is considered to not arrive at the meeting after the corresponding notification if the Governor for failing to participate in the general meeting of shareholders (meeting of members) did not notice that the principal should provide the principal option, if necessary, appoint for this meeting of the Governors of the other;
18.3. The proxy holder may not delegate his duties to another person, that is, to make pārpilnvarojum (substitutions), therefore not subject to the Governors of the civil code 2299. the provisions of article;
18.4. The trustee may not violate to give him the job, and he must follow the instructions of the Principal;
18.5. The trustee may not benefit from shareholder (member) duties of the profit for yourself; All the Governors with a mandate he took or received, as well as all the basic task, get things right and must be returned to the principal;
18.6. The proxy for this contract period and three years following its expiry is banned: 18.6. l., directly or through a third party to receive any form of remuneration, of the value or material gifts from the company, its governing body or executive body, its members or officials;
18.6.2. become the shareholders (participants) of public or other property owners.
19. The trustee shall be entitled to require and receive from the principal and/or public performance of his duties the necessary funds.
20. The Governor must give the principal and/or settlement of the public task, especially on all related revenue and expenses.
///. The principal's duties and rights 21. Trustee's remuneration is determined by the task pārpilnvarojum $ _____ (_____ _____ _____ _____) month (amount in words) 22. paragraph 21 of this agreement in the amount of remuneration can be changed if Cabinet has determined different authorisation procedures or payment of remuneration.
23. at the company's annual report, the trustee paid additional remuneration for the performance of the tasks of the authority ___ ____ ____ ____ (indicate the amount, a percentage of what size or pointer, another payment principle) 24.21 and 23 of this agreement specified in paragraph trustee remuneration paid to the company.
25. The principal must be notified in writing to the trustee as to which person (persons) the trustee must submit reports provided for in this agreement, settlement and other documents and the person (people) can make trustee assignments on behalf of the principal.
26. The principal must provide the trustee carrying out his duties in the smooth operation of the necessary information and documents for the public.
27. If the principal wants to make the Governors of any particular action, then they must be given a written Proxy.
28. The obligations entered into by the Governors, the principal should be recognised and enforced, if the trustee has not violated his order.
29. the principal is entitled: 29.1. any time request from the Trustee in his possession of the news about the society and to provide guidance to the Trustees on any question relating to the shareholders (the members);
29.2. ask another person to temporarily take the duties of a Trustee, if the Governor is unable to perform because of sickness or some other reason.
30. The trustee and/or the public trustee must be given the benefit of the case requires, but, if the trustee has used their funds, the principal and/or the public for these expenses should be reimbursed immediately, then when the Governor submitted the Š6 expenditure supporting documents.
IV. liability of the Parties 31. Trustee during the execution of the task is to work with the greatest care, and he responds to his principal for every negligence, which principal or to the public is incurred losses, if this Treaty does not provide otherwise.
32. If the trustee has not fulfilled the task, but the principal because of any loss not occurred, then this obligation by not giving the right to any Principal claims against the Trustee.
33. Any damage caused by the trustee duties of the victim's negligence, the principal principal owed him compensation.
34. Concerning the case of the consequences of the accidental Governor answer only if he took such a risk.
35. If the trustee does not provide principal in the contract particulars and documents or give false information, he is liable for damage due to the principal or to the public.
36. The principal and Governors declares that they have the ability and right to enter into commitments in the amount specified in the contract and they are responsible for damages resulting from the other parties, if this agreement is held to be invalid under the civil code and article 1405 1415.
37. This agreement directly in those cases the Trustee will respond in accordance with the procedure prescribed by law.
38. If you meet the shareholders (members) responsibilities in society the principal instructs several Governors together, then they answer as a debtor in bankruptcy, but to his principal, if one of those Governors pass the obligation towards the principal, then the other is released from any further liability to the principal.
V. termination of contract shall expire: 39.39. l. with the mutual agreement of the parties;
39.2. once the principal withdraws the authorisation;
39.3. when Governor praised a mandate;
24.5. with the capacity limitation of the Governors;
24.5. with the death of a Trustee;
24.6. the reorganization or liquidation of the principal;
24.7. share (stock, shares, share) a change of the holder;
the company's privatisation 24.7.;
24.8. with this contract ends or the given task.
40. The principal may withdraw the Authorisation at any time.
41. the mandate of the trustee notice to warn the principal at least a month in advance.
42. The trustee may terminate this contract only after he has passed things started, submitted the report and passed all his possession of this Agreement relating to the implementation of the property, documents and other things the principal or a designated person. To use the transfer to the trustee is entitled to terminate this contract obligations.
43. The Governor may terminate the authorisation, but he did not do evil and not time to principal would be able to take the necessary steps to conduct of the case.
44. even if the principal wishes to exercise their shareholders (participants) rights and obligations to inform him before the Governor that the Governor's action in accordance with this agreement is limited to a specified period of time, termination of the contract.
(VI) consideration of Problems 45. disputes that arise during the execution of this agreement and are related to the damages, and may not be resolved in mutual negotiation, are pending in court.
46. disputes that arise between several Governors in their Public Authority contracts, obligations, the principal distinction.
VII. Final clauses 47. Contract ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ (the authorisation agreement expires or objective) 48. the contract shall enter into force on signature.

49. the contract shall be drawn up on the pages of four copies that have the same legal force.
50. One copy of the contract is delivered to the Registrar of companies, the other is passed to the Executive Body, and the public one by one copy of the contract and the principal the trustee receives.
51. details of the principal: address ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ ____ 52. details of the Governors: address. ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ series and number of the passport and the passport issue place and identity number ____ on behalf of his principal _____ _____ _____ _____ _____ Finance Minister annex 3 A.G. Kreitus Cabinet 6 august 1996 Regulations No 310 State (municipalities) of the applicant and the trustee notice _____ (statement of signing site) ____ ____ ____ ____ ____ _ _ _ _ _ of 199. _____ ____ I hereby, ____ ____ ____ ____ ____ ____ _____, the State Governor (municipalities) of the applicant (name) company ____ ____ ____ ____ ____ ____ (name of company) (hereinafter referred to as the "company") in accordance with the law "on State and local capital management companies" provides public capital (stocks, shares, share) holder _____ _____ _____ _____ _____ _____ (shareholders) (hereinafter referred to as the "shareholders") for yourself, your spouse, relatives, including their relationship to the third degree, and his brother-in-law, the affinity to the second degree, the following information: 1. We are currently and in the past year have not been public Council , Board or other members of the Executive Body, the members of the Commission or the Auditor (the sworn auditor).
2. We are not currently and in the past year we have not entered into transactions with the company, did not participate and did not participated with the public related transactions (except the public standard transactions by the company concluded for the provision of services to citizens) that my interests might conflict with shareholders ' interests.
3. We would otherwise not participate last year and have not participated in the society.
4. We do not own and have not in the last year of capital assets (shares, stock, shares, investments).
5. I'm the State Governors (municipalities) in the following companies: 6. I am not a local Government Council or Council officials.
7. About yourself provides the following information: address-----------------------------------------Jobs---------Posts-Passport series and number-picking location-passport and ID code ____ (signature) (personal signature) the Minister of Finance of Kreitus A.G.