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State Joint Stock Company "the State Real Property Agency" Statute

Original Language Title: Valsts akciju sabiedrības "Valsts nekustamā ipašuma aģentūra" statūti

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Cabinet of Ministers Regulations No. 164 (nr. 25.10) State joint stock company "the State real property agency" Statute Issued in accordance with the law "on 1 April 1925 the law" the cabinet installation "restore" article 14 (3) (I). General questions 1. public joint stock company "national real estate agency" (hereinafter "the Agency") is an privatizējam State joint stock company in which all the voices belong to the State.
2. the full name of the Agency-State joint stock company "national real estate agency", short name, "national real estate agency". The Agency's full title in English: the State Joint Stock Company "State Agency Of Real Estate".
3. the Agency's founder is the State.
4. shareholders public agency is the Ministry of Finance.
5. the Agency shall have legal personality, it has its own balance and settlement accounts.
6. the Agency shall have a separate property. The Agency may acquire property in its own name and personal property rights and not to assume the responsibilities as well as the plaintiff and the defendant may be in court or in arbitration and may conclude transactions on the territory of the Republic of Latvia and abroad in accordance with its business objectives and functions.
7. the Agency shall be responsible for its obligations with all property belonging thereto, to which you can bring to the recovery in accordance with the law.
8. the Agency shall not be liable for the obligations of the country.
9. the State is responsible for the Agency's commitments with his investment in fixed capital, but is not responsible for the rest of their belongings.
10. the Agency is managed and the extent of their competence with the national property object.
11. the Agency shall carry out transactions with government civil estate and Cabinet of Ministers, Ministry of finance, in accordance with the procedure laid down.
12. In carrying out its functions, the Agency shall have the right to request and receive from State and local government institutions, national companies, State Governors of the Statistics Committee, the privatisation Agency and the State enterprise register businesses and incorporated companies it needed with national real estate related information.
13. the Agency shall implement its activities according to the law, the Cabinet of Ministers regulations, other legislation and for the purpose laid down in these statutes and activities.
14. the Agency executing the law requirements in the protection, health protection, environmental protection, human security in emergencies and natural disasters, and other areas for the law "on business" (Republic of Latvia Supreme Council and Government Informant, 1990, no. 42;/28.nr.; 27, 1991, 1992, 1993, 22 3/23.nr.;./4, 12/13, 18/19, 20/21, 22/23.nr.; Latvian journal, 1994, 29., no. 77; in 1995, 59.177. no; 1996, nr. 64).
15. The Agency's seals and stamps with its emblem and name.
16. the Agency shall have the right to open representative offices and branches, both in Latvia and abroad, to set up businesses, to participate in the formation of other companies and activities.
17. the Agency's disclosure of the confidential information to its employees are responsible for laws and other legislation.
18. the Agency is established for an indefinite period.
19. the Agency's legal address: Sandy Street 1, Riga, LV-1980. II. Purpose and direction in the Agency's objective is to realize national interests public real estate management and effective management.
21. the activities of the Agency are: 21.1. State property and its administration and management;
21.2. the State real property identification, evaluation and accounting;
21.3. the State registration of real estate in the land of the provision;
21.4. market economic methods of national real estate management and administration;
21.5. the State real property transfer in the use of public authorities, public undertakings and public incorporated companies as well as foreign embassies and missions, other legal and natural persons concluding the relevant agreements;
21.6. the State nodding real estate awareness and the taking of possession and the alien property transfer;
21.7. the State real estate efficiency control and the implementation of such measures, which increase the national real estate efficiency;
21.8. the statutory pre-emptive right of the State to the immovable property enforcement, the proposal preparation and submission to the Ministry of finance;
13.6. the State real property renewal and management of equity capital formation and management;
21.10. the orphan and the takeover of the bezmantiniek Agency in possession;
21.11. investing public funds in real estate objects, using the country's real estate recovery capital, own funds, grants, loans, foreign and other resources;
21.12. national interests in real estate and securities market;
21.13. consultative activities, courses, seminars and other events at real estate management, management and disposal issues;
21.14. object of immovable property (buildings, structures), construction, restoration, repair and insurance;
21.15. publishing;
21.16. legal services;
21.17. civil transactions with real estate;
21.18. national interests in the denacionalizācij process;
21.19. other business to implement these statutory objectives and lines of action.
III. the Agency's capital and reserves share capital for the formation of the 22 Agencies is 500000 lats, which is divided into ordinary shares. The nominal value of each share is of 100 lats.
23. the Agency's registered capital is 7 million lats. Authorised capital agency should develop within five years from the date of registration of the Agency Company.
24. the Agency's share capital shall be increased to the size of the registered share capital, including the Elimination of the State property Fund and the State property Fund of State property in the possession of the land, as well as on behalf of the person in the Ministry of finance the registered real estate property at their book value at the time of the transfer. The national capital real estate object and their values to the list approved by the Cabinet of Ministers.
25. the Agency's capital can increase or decrease only by order of the Cabinet of Ministers.
26. Share capital rules up or down of the Agency approved the general meeting (the "general meeting").
27. share capital increases and reductions, to make the relevant changes to these statutes. The changes in the Agency's Management Board shall notify the Registrar of companies.
28. Reducing the share capital, the Agency should comply with the provisions of chapter X of the Statute for the protection of the interests of creditors in the event of liquidation of the Agency.
29. Income from the agency business is routed according to the objectives of the Agency national property management, renovation and other kapitālo that the creation and use of the procedures established by the general meeting.
30. the Agency may omit the bonds in accordance with katrreizēj of the cabinet order.
31. the release of the first Bond agency may be implemented only after the Agency approved a two-year review.
32. the total value of the bonds must not exceed 20 percent of the share capital of the Agency at the time of release of bonds.
IV. Office of the Agency the Agency 33. governing body is the general meeting, the Board of the Agency (hereinafter referred to as "the Council") and the Agency's Management Board (the "Board").
34. the Agency's administration of higher authority is the general meeting.
35. the Agency's highest executive body is the Government Board.
V. Governors (the general meeting) 36. functions performed by the general meeting for three Governors, appointed by the Minister of finance, and concludes with them a mandate contract.
37. The trustee does not interfere with the Agency's economic and financial activity, as well as its operational management and does not switch on behalf of any Agency transactions.
38. The Governor may not be a Council or Board member.
39. The trustee cannot delegate their duties to another person.
40. the Governors of all the changes in the composition of the Ministry of Finance shall notify in writing to the Registrar of companies. These changes are effective with the date of registration in the register of companies.
41. the meeting of the general meeting is entitled to convene one of the Trustees, as well as the Council and the Executive Board, if motivated request.
42. A request for a meeting of the general meeting is convened the meeting proposer shall submit to the Chairman of the Management Board.
43. the Chairman invited the Governors of the Board to the general meeting by sending a registered letter, invitation and announcement of the agenda, placing a call against signature, or by telephone.
44. If the Chairman of the Board two weeks does not comply, the Council or the Board of Governors request to convene a meeting of the Assembly, the convening of the meeting proposer is right to convene a general meeting.
45. the general meeting shall be convened by the Management Board.
46. The general meeting shall be valid if they are sitting on at least two Governors.
47. Each trustee shall have one vote.
48. the Governors from among the elected by the general meeting.

49. The Assembly shall adopt its decisions by a simple majority. If the vote splits, like at the head of the general meeting shall have a casting vote.
50. the decisions taken by the general meeting shall be in writing. The minutes of the proceedings of the general meeting shall be signed by all the members present at the hearing by the Governors.
51. If the Governor does not agree with the decision of the general meeting and vote against it, he is not responsible for the decisions taken. The Governors said in separate thoughts must be entered in the minutes of the general meeting.
52. the Council and the members of the Management Board have the right to participate in the meeting in an advisory capacity.
53. the general meeting agenda set by legislation, submit proposals to the Cabinet on: 53.1. the amendment of the articles of Association;
53.2. share capital increases or decreases;
53.3. the Agency's emissions and conversion of securities;
53.4. the liquidation of the Agency;
13. the members of the Council of the appointment, termination of Office.
54. At the request of the Minister of finance, the Assembly must be considered in these statutes also unforeseen economic and governance issues.
55. only the Assembly has the right to: examine the Council and 55.1. the Board reports;
55.2. to approve the annual report of the activities of the Agency;
55.3. release from liability of the members of the Board for the previous year;
55.4. to approve the Agency's annual operational plan, budget and the amount of the deductions to be made of kapitālo;
55.5. at any time, request the Executive Board review of the Agency's activities.
57.5. appoint the Commission of property values for the detection of growth or reduction as well as to approve the Commission's current assessment;
55.7. pledge assets, give the credits to issue loans and guarantees and give guarantees, as well as other civil burdens after receiving the written permission of the Minister of finance;
55.8. approve the employment contracts of the members of the Council;
34.7. be reappointed and removed from Office the members of the Board (other than the Director-General);
55.10. each year appoint a Chartered Auditors.
56. the tasks of the general meeting are: 56.1. develop and submit to the Minister of finance for approval of a proposal for the Agency's operation and development of the strategic direction;
56.2. permanent control over the activities of the Council and of the Executive Board of the Agency and ensure that things be sorted in accordance with the laws, Cabinet of Ministers regulations and these statutes;
56.3. previously to examine any question relating to the activities of the Agency, which in accordance with these statutes fall into the Cabinet, and the Ministry of Finance.
57. The general meeting may inspect the records and documents of the Agency, as well as that, securities and other property.
58. The general meeting may entrust the said inspection, one of the Trustees, as well as with written authority can ask the guest expert to clarify certain issues.
59. The general meeting shall have the right to request the Board to report on the State of real estate management and management.
Vi. The Council 60. Tips for six persons elected by the general meeting. By establishing the Agency, the composition of the Council is approved by the Cabinet of Ministers, having regard to the recommendation of the Minister of finance.
61. The members of the Council shall be elected from among the members of the Council the President of the Council and his Deputy.
62. the members of the Council the working relationship, remuneration, rights and obligations are determined in the employment contract that is approved by the general meeting and that its signature on behalf of General Manager.
63. the Council may not delegate his duties to another person.
64. at least one third of the Council's composition must be Latvian citizens or permanent residents who have resided in Latvia not less than 21 years.
65. On changes in the composition of the Board the Board shall notify in writing to the Registrar of companies. These changes are effective with the date of registration.
66. The Council shall have the following tasks: 66.1. Executive Board activities to control and ensure that things be sorted in accordance with the decisions of the general meeting;
66.2. the Board submitted an expense budget and, with their opinion, to submit it to the general meeting for approval;
66.3. to represent the Agency before the courts in all the Agency's requirements brought against members of the Management Board as well as Board members brought against the Agency requirements;
66.4. previously to examine all matters within the competence of the general meeting, after Board members is proposed for discussion at the general meeting, and provide advice on them;
41.3. every six months to submit to the Assembly a report assessing the functioning of the Agency and suggests of improving the performance of the Agency;
66.6. can perform their duties in accordance with these statutes and the decisions of the general meeting.
67. The Council shall be convened by the President of the Council, as required, but not less frequently than once a month, usually the location of the Board.
68. the Council is valid if its meeting at least half of the members of the Council.
69. Each Member shall have one vote in the Council.
70. the Council shall adopt its decisions by a simple majority. If the vote splits, like the President of the Council shall have a casting vote.
71. If the Council does not agree with the decision of the Council and vote against it, he is not responsible for the decisions taken.
72. the individual members of the Council think about the Council decision, if he so requests, be entered in the Council minutes of the hearing.
73. the minutes of the proceedings of the Council shall be signed by all members of the Council participated in the meeting.
VII. The Management Board of the Agency and the Director-General the Board knows and 74. directs all agencies. It is responsible for all of the Agency's economic and financial activity, as well as on the appropriate accounting work.
75. the Executive Board shall manage the property of the Agency and the Agency's funds are handled in accordance with the laws, Cabinet of Ministers regulations, these statutes and the decisions of the general meeting.
76. The Governing Board shall adopt the Agency's internal rules of procedure, which shall determine the Organization of the work of the Agency.
77. the Executive Board shall decide all the Agency's questions related to the operation, with the exception of the general meeting or the competence of the Council.
78. The Board is composed of five members of the Executive Board. Board members elected by the posts and leave office by the general meeting.
79. the Chairman of the Board is also the Director General of the Agency (hereinafter referred to as "the Director General"). The Director-General from among the members of the Board shall be appointed and leave office by the general meeting. The setting up of the Agency, the Director-General appointed to the Cabinet of Ministers, having regard to the recommendation of the Minister of finance.
80. in the light of the proposals of the Director-General, the general meeting shall elect the post the other four Board members.
81. The Deputy Director shall be elected by the Management Board from among the members of the Executive Board, taking into account the recommendation of the Director-General.
82. Only with the prior consent of the general meeting, the Management Board shall decide the following: 82.1. acquisition, increase or decrease in other companies;
82.2. the preparation of the proposal for the establishment of companies, other sales, letting, the suspension or dissolution;
82.3. affiliates and representative offices opening or closing;
the Agency's business, 82.4. affiliates and representative offices of the statute or regulations or approval of the amendment;
preparation of the proposal for 82.5 real property purchases, sales or over-indebtedness;
the issue of credit, 82.6. If it is not related to the Agency's current activities, the laws and other legislation in the order;
82.7. new activities started and termination of existing activities;
82.8. the Agency's general operating principle.
83. the Management Board shall organise the public property object identification, registration and management, as well as other decisions of the general meeting in these statutes and in certain activities.
84. the activities of the Management Board headed by Chairman of the Board-Director General of the Agency.
85. the Director-General is binding on all members of the Board applied the restrictions and rules on the liability of the members of the Board.
86. the Agency's operational management, the Governing Board may elect one or more managing directors.
87. at least half of the Board members must be citizens of the Republic of Latvia or its residents, who lived in Latvia not less than 21 years.
88. the Board member is elected to the post for a period not longer than three years. Member of the Executive Board may be re-elected to a new term. The emoluments of the members of the Board shall be determined by the general meeting.
89. the powers, contracts and other documents signed by the Director-General of the Board or an authorised person.
90. Bank and cash documents in accordance with the laws of the Board signed by authorized personnel.
91. Of all the changes in the composition of the Management Board, as well as changes to the signature of the members of the Executive Board of the law must be notified to the Registrar of companies. The changes shall enter into force on the date of registration with the companies registry.
92. The Executive Board shall make settlement within the framework of the Agency's budget, which is approved annually by the general meeting.
93. If the interests of the Agency is faced with some Board members, their spouse or family interests, including up to the third degree of kinship and affinity to the second degree, the specific interest in the decision of the Board may not participate. On the tag Board meeting minutes. Board members who breach these provisions, is liable for the damage caused to the Agency.
94. the Board meeting shall be convened by the Director-General as necessary but not less frequently than once a month.
95. the Executive Board shall be valid if the Board meeting at least half of the Board members.
96. Each member of the Executive Board Board meeting shall have one vote.

97. the Governing Board shall adopt decisions by simple majority. If the vote splits, the casting is similar to the voice of the Director-General.
98. the minutes of the hearing of the Board, it should be noted, as the matter concerned has been voted the present each Board member. Board meeting minutes shall be signed by the Board members, who have participated in the relevant meeting.
99. The general meeting may Board suspended from duties entrusted to him or to abolish the Office of members of the Board at any time.
100. The Board may request from the Agency reimbursement of the losses that they suffered due to suspension from duty or removal from Office, if it was not justified.
101. The Board may at any time submit a request to release him from the duties assigned.
102. the Agency's staff wage and material stimulus rules determined by the Governing Board.
103. the quarterly Board provides to the plenary Assembly a report on the activities of the Board.
104. The Director-General shall inform the Assembly on the most significant aspects of the operation of the Agency.
105. The members of the Board carry out their duties in accordance with the law and these articles of Association. If the members of the Board Act illegally, violating its mandate, these statutes or decisions of the general meeting or the work negligently or intentionally malicious, they are jointly and severally liable for the full amount of all his property for the Agency and the damage caused to the creditors.
106. The Director-General and the members of the Management Board within a period of two weeks from the date of their appointment shall be notified in writing to the plenary Assembly, which companies 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 State or municipal governors. The above information also gives the members of the Executive Board for their spouses and relatives, counting up to the third degree of kinship and affinity to the second degree.
107. the Agency's operational management is carried out by the Director General.
108. The Director General according to the laws and regulations of the Cabinet of Ministers in accordance with the procedure laid down in these statutes, on behalf of the Agency: the Agency of represent interests of 108.1. State and municipal institutions;
108.2. other agency specific tasks and functions in related activities;
108.3. Agency handled property and funds;
108.4. switch, and other economic agreements;
108.5. issuing powers;
108.6. current accounts opened in the bank and other accounts;
108.7. Agency staff confirmed and the establishment plan;
108.8. determines the remuneration of the staff of the Agency;
108.9. in matters within their competence, shall issue orders and give instructions. The Director-General orders and instructions are mandatory for all staff of the Agency.
109. The Director General recruiting and dismissal of employees of the Agency of the Latvian labour code set out in the order.
VIII. annual report of the Agency. the Management Board shall organise the 110 accounting and statistical tracking, and shall draw up and submit an annual report in accordance with the law "on accounting" (the Republic of Latvia Supreme Council and Government Informant, 1992, 44/45.nr.; Latvian journal, 1994, no. 149; 23. in 1995, no.) and the law on annual accounts "(the Republic of Latvia Supreme Council and Government Informant, 1992, 44/45.nr.; Latvian journal, 1995, no. 34).
111. the Agency's financial year lasts for 12 months, and it coincides with the calendar year.
112. for each financial year, the Agency shall draw up an annual report, a uniform consisting of balance sheet, profit and loss statements, and reports of the annex.
113. No later than one month after it approved the annual report, and not later than four months after the expiry of the financial year, the Agency shall send to the State Revenue Department concerned, the State Statistics Committee of the institution concerned, the Registrar of companies and the Ministry of Finance's report examined a copy of the report and the auditor's opinion of the jury, which also indicates when the annual report approved.
114. the Agency's balance sheet and profit and loss statements must be published in the official press, the "journal".
IX. Activities of the Agency monitoring and auditing the activities of the Agency in the 115. control of sworn auditors, established by the general meeting of permanent or temporary commissions in certain matters, as well as the authorised State institutions.
116. sworn auditors examined the activities of the Agency during the year and works up to the current annual activity report for approval.
117. For sworn auditors can appoint only such persons with the Agency does not have any commercial communications and not working. For sworn auditors must be persons with a Board member or the Chief Accountant is up to the third degree of kinship or affinity up to the second degree.
118. as soon as the Agency's annual report of the Executive Board shall notify the sworn auditors that the Agency's annual report has been prepared, the registers and documents available concluded their inspection.
119. sworn auditors have the right to view and audit all Agency goods and verify all the Agency's financial and economic activities.
120. sworn auditors have the right at any time to take immediate control and inspection measures.
121. sworn auditors should report to the Assembly on deficiencies and irregularities identified by the Board and its subsidiary organs.
122. 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 the annual report shall be submitted to the general meeting.
123. sworn auditors perform their activities according to the law. Sworn auditors is responsible for the Agency and third parties for losses caused by their error. They are not responsible for the Board and its subordinate departments, except where they have known about the abuses, but not informed the general meeting.
X. termination by the Agency the Agency may 124. end their action at the same time with its liquidation in such cases: 124.1. Under Cabinet of Ministers order;
124.2. under the law on company insolvency and bankruptcy;
124.3. According to the Court ruling;
124.4. other laws and statutory cases.
125. the liquidation of the Agency carried out privatisation Agency in accordance with the law "on State and municipal property privatisation of objects" (Messenger of Latvia, 1994, no. 27, 1996, 77; 5, 66 no).
126. at the time of winding up the Agency functions carried out by the general meeting of the privatisation Agency, which shall appoint the liquidators.
127. The privatisation agency reported to the Registrar of companies the decision on liquidation of the Agency.
128. the liquidator that the Agency knowingly or negligently have not fulfilled them in accordance with the law, these terms of reference or the decisions of the Assembly, his duties shall be jointly and severally liable to the Agency, the State assets and creditors for losses they caused.
129. the agency ceases its activities by the day when it is turned off from the register of companies.
Prime Minister a. slice the Finance Minister A.G. Kreitus 1996 in Riga on May 7.