Amendments To The Law "on State And Municipal Property Privatisation Of Object"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību īpašuma objektu privatizāciju"

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Cabinet of Ministers Regulations No. 135 (No. 21, 24) Riga 1996 April 10, amendments to the law "on State and municipal property privatisation" of objects released the constitutional article 81 in order to make the law "on State and municipal property privatisation of objects" (Messenger of Latvia, 1994, no. 27, 1996, 77; 5. no) follows: 1. Article 1:1.1. make the first paragraph by the following: "1. This Act applies to: 1) public property objects except for public domain objects that are privatizējam according to the law "on the privatization of property of enterprises agroservis" (the Republic of Latvia Supreme Council and Government Informant, 1993, 14./15.nr.) and subject to article 6 of this law, only the fourth part exemption from all State and local taxes and duties laid down;
2) municipal property objects. ";
1.2. the second part be deleted.
2. Add to article 2, the second subparagraph of paragraph 6 by the following: ' 6) the capital of incorporated companies selling to the public members of the Executive Body, if the result of the activities of the Executive Body for approval of the terms of the privatisation incorporated companies at the moment is not a State or local taxes and levies, wage arrears owed to employees, as well as the incorporated companies if the property has not been encumbered by incorporated companies with debts and other liabilities of more than 10 percent of the company's own capital and incorporated companies deals with such businesses What is mentioned in its Statute. Sales of shares may not exceed 25 percent of the share capital of incorporated companies. This further act the privatisation method will be called on a control method of privatisation. This method can be applied also for the company rebuilt and incorporated companies while selling these shares in the company. "
3. The deletion of article 3, paragraph 8, third paragraph, the words "and sold separately from this company or companies of movable and immovable property".
4. Supplement article 4 with the second and third subparagraphs by the following: "2. The removal of national or local company or companies and selling the company or company's movable and immovable property for property buyers can also be national or local, State or municipal enterprises, State or municipality incorporated companies, as well as the incorporated companies which share capital private equity does not exceed 25 percent.
3. If privatization is used for privatisation, reorganisation of the subject can be also incorporated companies which share capital private equity does not exceed 25 per cent. "
5. Supplement article 6 the second subparagraph with the sentence the following wording: "If a State or local privatizēj company or incorporated companies, is used to control the method of privatisation, the company's executive body members or the company's management has the right to choose one or both of the first part of this article, the intended means of payment on the part of out its capital."
6. Supplement article 7 of the fourth subparagraph by the following: "4. the privatisation Agency is established by the Tribunal, which operates under the Charter. The Tribunal hears disputes arising from civil law relations between the privatised companies, privatizējam companies, as well as any other dispute, if the parties to the dispute, it is pielīguš. "
7. in article 8:7.1. make the first part of paragraph 7 as follows: "7) develop and approve the State property of an object, as well as the privatisation rules changes approved privatisation rules after the conclusion of the contract of sale;"
7.2. adding to the second part of paragraph 6 by the following: "6) provides for the operation of the Tribunal necessary conditions: working space, logistical support etc.";
7.3. adding to the fourth paragraph of point 1, after the word "get" with the words "free of charge".
8. Article 13:8.1. to supplement the first sentence with the following: "If the privatisation Agency, the object of a takeover agreement with the deadline can be extended.";
8.2. to express the second part of paragraph 5 by the following: "5) other particulars and documents required by the privatisation Agency."
9. in article 15:9.1 supplement article with a new second subparagraph by the following: "2. the privatization agency for the State of incorporated companies taken over the functions of the general meeting provided for in the laws of the respective company.";
the second part to be considered the third part;
9.2. to supplement the article with the fourth paragraph by the following: "4. If Cabinet has transferred the privatisation Agency in or incorporated companies or undertakings in possession, on which the decision is taken it will privatise, privatisation Agency has the rights laid down in the first and second subparagraphs, but incorporated companies or company must comply with the third paragraph of this article."
10. in article 17:10.1. make the first part of paragraph 2 as follows: "State property 2) privatizējam object to the lessee, if he hired all the privatizējam object for more than one year and the lease is registered in accordance with the procedure laid down in the law, and the lessee the rent owed, and the first part of this article referred to in paragraph 1, persons are not disposed of its pre-emptive right.";
10.2. replace the second paragraph, the words "two months" with the word "month".
11. Replace article 19, first paragraph, the words "referred to in the Act the privatisation of the State property Commission" with the words "the said statutory activity".
12. Article 23:12.1. to make the first part of paragraph 8 by the following: ' 8) shares of the company share capital distribution on the types and categories of shares and to the buyer groups; "
12.2. to make the first part of this paragraph 11: "11") for the disposal of the shares; ";
12.3. adding to the fifth subparagraph after the word "enterprise" (fold) with the words, "or" the company "(the fold).
13. Add to article 24, paragraph 2 of the first paragraph with the following content: "as well as the privatizējam State property the object of trade organization staff, but if privatizējam State property object has no employee, trade-privatizējam object."
14. Amend article 26, third paragraph.
15. Supplement article 31, third paragraph with the sentence the following wording: "that decision can be determined municipal property privatisation object."
16. Add to article 33 of the property after the words "over-indebtedness" with the words "close the assignment agreements".
17. Article 34:17.1. to supplement the first part of paragraph 6 by the following: ' 6) to which you want to log on to the vendor claims and other claims against the company or the company privatizējam. ";
17.2. the second part be expressed by the following: "2. the first part of the period referred to in paragraph 3 may not be shorter than two weeks. City Council, District Council or Parish Council may extend the period or update. ";
17.3. to replace the third paragraph, the words "two months" with the words "one month";
17.4. to supplement the article with the fourth and fifth by the following: "4. The first subparagraph of paragraph 6 shall be two months.
5. the time limits referred to in this article, start counting from the first paragraph of this article the date of publication of the notice in the Official Gazette "Latvijas journal." "
18. Article 35:18.1. to make the first part of paragraph 2 as follows: "2) in the municipality of privatizējam property of the object to the lessee, if he hired all the privatizējam object for more than one year and the lease is registered in accordance with the procedure laid down in the law, and the lessee the rent owed, and the first part of this article referred to in paragraph 1, persons are not disposed of its pre-emptive right.";
18.2. to replace the second paragraph, the words "two months" with the word "month".
19. the express article 36 as follows: "article 36. Privatizējam the municipal property of the object assessment and vendor compliance 1. the municipal property of Privatizējam object must be assessed in accordance with the law "On the privatizējam State and local government property object evaluation order" (Latvian journal, 1994, 25 no).
2. After article 34 of this law in the fourth paragraph that the expiry of your claims don't have creditors, including State and local government bodies responsible for State and local taxes and levies, wage accounting and controls, can not be amended to require municipal property privatisation project object privatizējam object defined in the relative price and the new owner of the object to be a set of rights and obligations.
3. the privatization Commission of a site assessment and the notional price, as well as the new owner of the object to be a set of rights and obligations should be taken into account in the municipal company privatizējam company accounting records or fixed debt, regardless of whether the vendor claims is applied or not applied. "
20. Article 40:20.1. to make the first part of paragraph 8 by the following: ' 8) conditional price, means of payment, provided the proportions, and the rules for payment; "

20.2. to complement the third paragraph after the word "prepared" with the words "as well as the object and land property rights supporting documents shall be accompanied by privatisation projects";
20.3. to supplement the article with the fourth paragraph by the following: "4. If privatization privatisation project technique is for auction or tender, the privatisation Commission for privatisation project to add the auction or tender offer."
21. Article 41:21.1. make first and second subparagraph by the following: "1. the municipalities submitted property privatisation projects, not later than one month after the end of the period to be considered City Hall, District Council or Parish Council, participating in the privatisation of the entity and the privatizējam object, as well as the representatives of the employees of this object craft organization representative or, if the object has no privatizējam Trade Organization-authorized representative of employees, and to take a decision on the privatisation of one of the submitted projects or privatisation of new project deadline or ask the privatisation Commission to draw up its privatisation project object.
2. The municipality two weeks after the decision on the privatization project approval date of adoption of that decision, as well as the privatisation project and a copy of the documents (copies), which confirms the legality of the activities of the local object and reflects the privatization privatisation project, these facts should be submitted to the Ministry of the economy. "
21.2. in the fourth paragraph, replace the words "no earlier than the month before and not later than six weeks" with the words "two weeks";
21.3. in the fifth subparagraph, replace the word "making" with the word "receipt";
21.4. deleting the sixth paragraph, the words "during the month of the adoption of the relevant decision or order date of issue".
22. Replace the second paragraph of article 42, the word "month" with the word "week".
23. Article 43:23.1. to supplement the first part with the words "and shall forward that information to the Ministry of the economy";
23.2. to supplement the article with the second part as follows: "2. Privatization is considered complete at the moment, when privatization entity that acquired the privatizējam object has passed all its obligations had to be performed in compliance with the object of privatization projects and the purchase contract, and the City Council, District Council or Parish Council has taken a decision on the privatisation of the object."
24. The deletion of article 45.
25. Article 47:25.1. Add to paragraph 1 the first subparagraph of point "c" with the words "as well as the national social security fund, the social security administration issued a statement on the payment of the tax;
25.2. to supplement the article with a fifth by the following: "5. the State or municipal property object can not subject to privatisation, to privatize has not complied with all obligations with respect to the privatizējam object, or in the case of other privatizējam of this subject for State and local government property objects."
26. Supplement article 52 in the second part of the following: "2. The privatisation agency or municipality, if the subject of privatisation is paid more than half the privatisation rules (project) defined the object of purchase or has taken all the terms of the privatisation (the project), or one-and-a-half times the investment in the company has increased the number of workers in relation to the privatisation rules (project) number provided is entitled to determine that the remaining part of the purchase cost as a payment instrument is used for privatisation certificates or privatization provisions (in the project) set payment deadline is extended ( If it gave its consent subject to privatisation). "
27. Express article 53 of the third subparagraph of the second paragraph by the following: "at the State or municipal Enterprise purchase agreement and transfer and adoption Act the privatisation agency or local Government shall transfer to the new owner of the object they privatized the company approved the opening balance sheet, which becomes an integral part of the contract of sale."
28. Replace article 56, second paragraph, the words "national property Fund" with the words "Privatization Agency".
29. the express 54. the first paragraph by the following: "1. Privatised object to the new owner is a pre-emptive buy State or municipality-owned piece of land on which this object is located, unless the object owner has the right to purchase the land property in accordance with the civil code and other laws."
30. Article 58 of the following expressions: "article 58. 1. the privatization of land the State or municipal property object can privatise, together with the land, if it is a State or municipal property. Together they form one privatizējam object. In this case, the land is privatised only in conjunction with the object that contains it.
2. you can only privatize this Land privatization, which has the right to purchase the land property in accordance with the civil code and other laws.
3. all activities related to the privatisation of land in the cases provided for in this article, made on behalf of the State privatisation Agency, except that in accordance with the rules of other institutions.
4. questions related to State and local government relations, privatizēj the public domain items, located on municipal owned land, or privatizēj the municipal property objects located on State land, as well as other issues related to land privatization in the cases provided for in this article, the regulation of the Cabinet of Ministers regulations. "
31. the express section "transitional provisions" by the following: "1. the transitional rules to the Cabinet of Ministers of 10 April 1996, rule no. 135" amendments to the law "on State and municipal property privatization" objects "into force in accordance with the law" On the privatization of the dairy "(the Republic of Latvia Supreme Council and Government Informant, 1993, no. 7; Latvian journal, 1995, nr. 89), the law "On meat processing company privatization" (the Republic of Latvia Supreme Council and Government Informant, 1993, 22/23.nr.; Latvian journal, 1994, 66 no) and the law "on the national production of bread (municipal) privatization" (the Republic of Latvia Supreme Council and Government Informant, 1993, 24/25.nr.; Latvian journal, 1994, 66 no; in 1995, 36, 89 no). the created State property privatisation Commission works as long as it is eliminated by the order of Ministry of agriculture and the State property of the privatizējam object are privatized or put the privatisation Agency. State property privatization activities supervised by the Commission and the employment contracts with the privatisation Commission members concluded the privatisation Agency.
2. Be declared unenforceable such laws: 2.1 "On privatization of the dairy";
2.2. "On meat processing company privatization";
2.3. "for bread production (local) State enterprise privatisation".
3. make the Supreme Council of 11 May 1993 a decision "On the law of the Republic of Latvia" on sugar "date of order" and the amendment to delete paragraph 5.
4. make the Cabinet of Ministers of 5 January 1996, regulations No 7 "amendments to the law" on State and municipal property privatization "objects" (Messenger of Latvia, 1996, no. 5) and to delete paragraph 9, section 13.2 and 15.2 and 16. "
Prime Minister a. slice traffic Minister v. krištopans

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