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Applicant Selection Rules For The Sale Of Shares In A Public Offer For Privatisation Certificates

Original Language Title: Pretendentu atlases noteikumi akciju pārdošanai publiskajā piedāvājumā par privatizācijas sertifikātiem

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Applicant selection rules for the sale of shares in a public offer for privatisation certificates approved by the Executive Board of the privatisation Agency of 27 April 1995 decision (Protocol No. 45) rules apply, select the candidates to the public property of the privatizējam object that is part of the shares sold to the public offer.
 
1. Terms used in public offerings, where the object of the provisions the privatisation share-the open and unrestricted offering for customers.
The State property of the Privatizējam object, with an order of the Cabinet of Ministers passed the privatization of State enterprises, incorporated companies or State Department.
Buyer: a natural or legal person, a common trust fund or a pension fund, which has the right to acquire the shares of the privatizējam object.
The applicant – the natural or legal person, or a joint investment fund, pension fund, who concluded a contract for the purchase of shares on the certificates.
Selection: the process of determining the buyer of shares, which after a certain algorithm determines the selection price (it is at the same time the stock sale price) and which are set by the shareholders.
Select the price — the lowest share price, in LCY, that the demand for shares is less than the number of shares to be offered or equal to it.
The offer marked "select price" — writing expressed the desire to purchase the shares of any of the selection.
The proposed price, in dollars, the highest price that the tenderer offers for one share.
The number of the certificate: a certificate for the quantity for which the applicant wants to buy shares of an object (with an accuracy of one decimal place).
Splitting ratio: the percentage of a number with two decimal places, which applies a proportional division of shares when a numeric expression in one of the offered share price corresponds to the selection of price and number of shares is insufficient to meet all the demand factor is calculated by dividing the share of applicants it will request that the shares are a numeric expression offered per share price that is the same as the selection for the price.
The balance of the shares, the difference between the number of shares to be sold and the number of shares obtained by the applicant, which offered to pay the price of the selection or the selection of the proposed price exceeds the price.
Certificate "freezing" of the applicant's proposed blocking the account number of the certificate (that is, the applicant at the time of the selection, they are denied the right to dispose of the offered certificates).
The contract for the purchase of shares on the certificates of the applicant and bank mutual completed, signed (legal persons, joint investment funds and pension funds, with the imprint of the stamp of the purported) contract form — agreement between the applicants on the one hand and on the other side of the bank.
Statement of paid shares — bank issued a document that declares to subscribe for the shares.
 
2. Applicant selection general principles 2.1 the bidder selection, subscribe for the shares and the sale of shares is carried out privatisation Agency.
For this operation, the privatisation Agency authorize: — "bank of communications" and JSC "Latvian savings bank" (hereinafter referred to as the bank) to contract for the purchase of shares of privatization certificates, "freeze" the quantity of certificates provided by tenderers, wire it and issue a certificate of paid-in shares;
— JSC "Riga Stock Exchange (hereinafter Exchange) to make the applicant selection and create a register of shares.
2.2. the public offer is offered ordinary shares without their allocation categories. The nominal value of each share, one late. Each share gives right to one vote.
A public offer of shares being sold, the total nominal value, and the other specific limits determined by the appropriate object in the privatization.
2.3. the right to buy shares is customers who open the documents, regulations for certificate accounts.
The selection of the tenderer cannot participate in 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%, or other buyers, which it is prohibited by law.
 
Attention: in accordance with the national joint stock company "Latvian universal bank" (short name, Unibanka) privatisation framework bank shares in a public offer must buy only natural persons, common investment funds and pension funds.
Failure in the case of purchase of shares is declared void, and shares are being offered in the privatizējam State Enterprise controlling owner purchase of privatization certificates and select price.
The tenderer who does not respect these rules, paid the value of the shares is compensated.
 
2.4. When buying these shares, the tender for privatisation certificates only, is located on the certificate of the applicant's account at the time of conclusion of the contract. Any calculation of the nominal value of the certificate is used.
2.5. the purchase of the shares may not be used for certificates of minor children who are in their accounts or combined with older certificates and are located in older accounts, if no family courts (up to the establishment of local government) permission to use them.
 
3. Login to the shares and the award of contracts 3.1. Login to take newspapers published the shares within the time limit specified in the notice.
The notification is published in the newspapers "journal", "field", the newspaper "the independent", "day of the fight", "daily business", "SM" Segodņ and the district newspaper.
Privatizējam the notice of each object is specified:-object name;
-the place and time where consumers can get information about the object;
— login to promotions start and end date;
-the place and time where you can apply for the shares;
-the number of shares sold, their nominal value;
— a public offer of the shares being sold, the share capital of object privatizējam;
— majority owner (if known).
3.2. The shares may apply to the Latvian savings bank and bank of communication by regional agencies and departments (the place where the person to open the certificate account) to work, buying and filling in the special form of the Treaty, which provides the copy got to the second and third pages.
Filling out one form of the Treaty, it is possible to simultaneously apply also to the two companies ' shares, or if the first login is incorrect, the error free repeat to this same form in another section.
Contract forms the price — Ls 0.20.

3.3. the agreement has the authority to "freeze" the bank proposed by the tenderer, the number of the certificate.
In the case of acquisition of shares agreement has the authority to transfer to the bank account of the applicant's privatizējam object accumulation account certificate in the quantity necessary for payment of shares.
In the case of acquisition of shares in agreement with the statement issued by the bank on the paid-in shares shall certify that the applicant has signed up for shares.
Not in the case of the acquisition of shares agreement has the authority to repeal restrictions on the handling of the offered certificates.
3.4. the agreement shall be submitted to the bank for processing each contract must pay the bank service fee set out in the following natural persons: —: step to use up to 20 certificate-$ 2 (two), but on each subsequent certificate in addition to the $0.10;
— other: promises to use up to 100 certificate-$ 20 (twenty), but on each subsequent certificate in addition to the $0.10. Bank service charges are not paid back, except in the event of cancellation of the results of the selection 3.5. Conclusion of the contract shall be subject to the presentation of: — a natural person – passport and certificate of privatisation notebook;
— other — if the form is not signed by the person with signature rights — in the first term of a specific person to sign a contract with the bank and passport of the person concerned.
3.6. the contract form completed as follows: 3.6.1. The applicant shall consult the public offer agreement form sample (to the banks).
3.6.2. The completed form shall be submitted to the agreement of the bank of communications or Latvian savings bank Department, where applicants to open privatization certificate account, paying bank fees.
The Bank shall issue to the applicant an authorized bank employee signed and certified by the stamp of the third copy of the contract. The second copy of the contract remain in bank branches. The first copy of the contract is sent to the bank's data processing center.
3.7. The correctness of filling out a form, which is completed by the applicant, in reply to the applicant, but the part that fills in the bank — the bank.
If inaccurate or illegible specified applicants personal details (first name, last name), then the main identifying feature is used, the user ID of the person.
If erroneous or illegible, the legal person specified in a joint investment fund, pension fund name, then on the main identifying feature is used in the registration number.
3.8. The applicant is not entitled to withdraw the contract.
 
4. Selection and pricing selection 4.1 the Bank shall collect all data set out in the treaties and in particular in electronic form to the stock exchange.
4.2. the Exchanges during the processing of the data received: 1) defines the stock selection.
Select price must not be less than the original selling price of shares specified in each specific object the privatisation rules and published information about the object.
Select the price is expressed in dollars to the nearest one cent.
2) determines the number of applicants for the acquired shares.
First of all the shares of the proposed certificate be granted to applicants who have offered to pay the price of the selection or the selection of the proposed price exceeds the price. The number of the shares acquired by the applicant is calculated the following way: — the proposed amount of the certificates is multiplied by the face value of the certificate;
-the resulting number is divided by the selection of a specific applicant selection;
-the number is rounded to an integer (if the balance is greater than or equal to 0.5, then rounded up, if less than 0.5-down).
The remaining shares in proportion to the number of the offered certificates are distributed among the applicants that a numeric expression in one of the offered share price corresponds to the selection. The number of the shares acquired by the applicant is calculated the following way: — the proposed certificate quantity multiplied by the face value of the certificate;
-the resulting number is divided by the selection of a specific applicant selection;
— separations is multiplied by a factor of Division;
— the number is rounded to an integer (if the balance is greater than or equal to 0.5, then rounded up, if less than 0.5-down);
3) determines the number of transferable certificate.
Bidders who offered to pay the price or the selection of the proposed price per share is higher than the price of the selection, stock certificates for transfer payment in full.
Applicants whose numeric expression in one of the offered share price corresponds to the price and the selection which has got at least one stock, stock transfer payment portion of the certificate. This part shall be calculated in the following way:-the certificate number is multiplied by a factor of Division;
— the resulting product are rounded to one decimal place (if the balance is greater than or equal to 0.05, then rounded up, if less than 0.05-down);
— get the number of the certificate is transferred for payment of shares.
Applicants who have not acquired the shares regain full rights without restrictions to deal with proposed certificates.
The applicant who shares gained on the part of the certificate shall be recovered in full rights without restrictions to deal with those who are not used to pay for the shares.
 
5. Applicant selection and approval of the results of the general meeting of shareholders to tender 5.1. price and selection of applicants selection results within two months after the last login date approved by the privatisation Agency.
5.2. After the selection of price and selection of applicants for the approval of the privatisation Agency results in the transfer of the applicant to the bank stock selection results by creating shareholder list and the list of persons who participated in the selection of the tenderer, but not got the right to be on the shareholders, and the name of the applicant written inquiries about acquiring the shares paid-in shares the proposed privatisation of the bank shall transfer the quantity of certificates of the privatisation agency open the appropriate object in the certificate storage account and month stock winners with signed and issued stamp a certified certificate of paid-in shares.
5.3 paid shares are listed in the register of shares of the stock exchange.
5.4. One month after the results of the selection of the applicant for the approval of the privatisation Agency published in the newspapers "journal", "field", the newspaper "the independent", "day of the fight", "daily business", "SM" and the Segodņ district Gazette notification on the object of the convening of the shareholders.
The notice must indicate:-the date of the general meeting, time and place;
— the agenda for the general meeting;

-where and what time you can consult the shareholders general meeting's agenda includes issues and projects.
5.5. The general meeting of shareholders to organise the privatisation agency or its authorized persons.
5.6. General meeting of shareholders is entitled to represent their authorised representatives.
Shareholders are entitled to nominate and to the Assembly authorised representatives have the right to decide all matters within the competence of the shareholders.
 
Note the. If there is a breach of the relevant legislation of LATVIA or the privatisation Agency approved regulations, privatisation Agency has the right to the first general meeting of the company to cancel the selection of the tenderer results.