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The Insolvency Practitioner Of The Credit Institution And The Liquidator Of Candidate Selection Rules, Regulations

Original Language Title: Kredītiestādes maksātnespējas procesa administratora un likvidatora amata kandidātu atlases normatīvie noteikumi

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Financial and capital market Commission, the provisions of regulations No 39 in Riga 2014 12. March of the credit institution's insolvency administrators and the liquidators in the nominee selection Regulations Issued in accordance with the provisions of the public administration Act, article 72 of the equipment of the first paragraph of point 2 i. General questions 1. "credit the insolvency practitioner and the liquidator's nominee selection regulations" (hereinafter-the rules) determines the order in which: 1.1. Financial and capital market Commission (hereinafter the Commission) a credit institution shall assess the insolvency practitioner candidate's compliance with the law of credit institutions to the requirements of article 131.1 According to the law of civil procedure the first subparagraph of article 374, as defined and recommended the candidate selected; 1.2. the Commission assesses the nominee of the liquidator of the credit institution's compliance with the law of credit institutions to the requirements of article 131. According to the law of civil procedure, article 377 of the provided for in the second subparagraph and shall suggest to the candidate selected for the Court. 2. The rules are binding on the Commission and the responsible legal licensing and supervision Department of Department employees involved in the credit institution's insolvency practitioner and the Office of liquidator of candidates, those requirements and candidate referred to in the Act on the Court. 3. a decision on a credit institution's insolvency administrator or liquidator candidate proposing approval of the Court adopted the Commission's Governing Council. 4. A credit institution's insolvency administrators and the liquidators in the nominee selection process, the Commission works closely with the Latvian certified insolvency practitioner Association (hereinafter the Association of Administrators), the State Agency "insolvency administration" (hereinafter insolvency administration), the Latvian Council of sworn advocates (hereinafter referred to as the Bar Council) and the Latvian Association of sworn auditors (Auditors ' Association).
II. The credit institution's insolvency administrator selection procedures 5. every calendar year, but not later than 31 March, the Commission asked the Administrators Association in writing to provide priority to prepare the possible insolvency of the credit institution administrator candidate (insolvency administrator) list, which includes up to five credit institutions to the insolvency practitioner and the candidate is prepared taking into account the additional candidates for education and professional activities driving a company insolvency processes pursuant to this insolvency proceedings volume and complexity, the resources available to the candidate the insolvency practitioner and the candidate during the last two years of the professional activities carried out compliance with laws and regulations. 6. If administrators Association presented the possible insolvency of the credit institution administrator nominee list is drawn up in order of priority or Administrators Association has submitted a list of more than five credit institutions to the insolvency practitioner's job candidates, the Commission, with the participation of representatives of the Association, the Administrator performs the candidates drawing lots to create a list of candidates with no more than five candidates in order of preference. Administrators Association representatives did not participate in the raffle will not affect the drawing of lots. 7. Due to the need to recommend to credit institutions the Court the insolvency practitioner's candidacy, the Commission shall send a written request for information to the insolvency administration, asking for information about the Administrator of the Association or the Commission proposed at the five credit institutions to the insolvency practitioner of the candidate to the legislation governing offences and their character, as well as other information that is held by the administrators and the nature of the professional activity of the person. 8. Due to the need to recommend to credit institutions the Court the insolvency practitioner's candidacy, the Commission invites the first of the credit institution to negotiate the insolvency practitioner candidate from the priority of the credit institution created by the insolvency practitioner candidate list. During the negotiations, the Commission may request credit institutions to the insolvency practitioner candidate in writing or orally provide their vision on possible measures to credit institutions for the conduct of the insolvency proceedings. 9. If a credit institution's insolvency administrator selection process established by any regulations laid down the legal barriers that prevent a person to perform the insolvency practitioner of the credit institution, the Commission, the person concerned from preclude selection procedures and calls for an interview the next candidate from the priority of the credit institution created by the insolvency practitioner candidate list.
10. before taking a decision on the choice of a credit institution's insolvency practitioner candidate proposing the Commission asked the Court to put candidate submit article 374 of the civil law in the fourth part of the credit institution given in the insolvency administrator signed the Declaration, which confirms his consent to enter into and assume statutory responsibility. 11. in the light of the information provided by the administration of the insolvency of the credit institution, the insolvency practitioner candidate for negotiations carried out by credit institutions to the insolvency practitioner candidate reputation, credit the insolvency practitioner candidate for violation of any laws, the experience of the company in the conduct of insolvency proceedings under the insolvency process in scale and complexity, and the resources available to the candidate the insolvency process, the Commission recommends that the appropriate credit to the Court the insolvency practitioner candidate.
III. Credit institutions the selection procedures of the liquidator

12. every calendar year, but not later than 31 March to the Commission in writing: lawyer Council 12.1. 'd give priority to prepare the credit institution may designate a liquidator (Attorney) a list that includes up to five credit institutions and candidates for the Office of liquidator is drawn up, taking into account the duration of the candidate Attorney, qualifications obtained in College point, existing disciplinary measure and whether the person in addition to sworn lawyer qualification is awarded to the insolvency practitioner's certificate; 12.2 the Auditors for Association asked to give priority to prepare the credit institution may designate a liquidator (Certified Auditor) list, which includes up to five credit institutions and candidates for the Office of liquidator is drawn up, taking into account the certified auditor in the last two years of the professional activities carried out compliance with laws and regulations, professional company in liquidation proceedings, subject to the amount of the salvage process and complexity of sworn auditors of the resources available to ensure the process of winding the ability to work increased tensions, a candidate for education (for natural persons) and profits and turnover (certified auditor commercial companies). The Commission requested the preparation of a credit institution may designate liquidators list of certified auditor commercial companies specify people who can authorize credit institutions act accordingly. in the second subparagraph of article 131. 13. If the Attorney or Auditor of the Council of the Association of the credit institution may designate liquidators list is drawn up in order of priority or the Bar Council or the auditor of the Association has submitted a list of more than five credit institutions to designate a liquidator, the Commission, with the participation of the Bar Council and the representatives of the Association of Auditors, do candidates drawing lots to create lists of candidates with no more than five candidates in order of preference from each professional associations submitted candidates. The Bar Council and of the representatives of the Association of Auditors do not participate in the raffle will not affect the drawing of lots. 14. Due to the need to recommend to the Court to designate a liquidator of the credit institution, the Commission shall send a written request for information to the insolvency administration, asking for information about the Bar Council and the Auditors of the Association suggested (including the certified auditor company designated authorized person) or the Commission at five credit institutions to the liquidator the nominee from each of the professional associations in the list submitted at the insolvency practitioner, committed to the legislation governing offences and their character as well as other information that is held by the administrators and the professional activities of the person. 15. Due to the need to recommend to the Court to designate a liquidator of the credit institution, the Commission invites the first of the credit institution for an interview candidates for the Office of a liquidator of the established priority of the credit institution may designate a liquidator lists. During the negotiations, the Commission may request credit institutions to designate a liquidator in writing or orally provide their vision of the potential of the measures to the plan of liquidation of the credit institution. 16. If credit institutions in the selection process of the liquidator are found in the laws and regulations in any particular legal obstacles that prevent the person to perform the functions of the liquidator of the credit institution, the Commission, the person concerned from preclude selection procedures and calls for an interview the next candidate from the established priority of the credit institution may designate a liquidator lists. 17. before taking a decision on the chosen candidate of the liquidator's suggestions, the Commission requested the Court to the credit of the liquidator in a signed declaration, which confirms his consent to enter into and assume statutory responsibility. 18. in the light of the information provided by the administration of insolvency proceedings, the liquidator of the credit institutions in the candidate interviews, carried out by credit institutions designate liquidators reputation, credit the nominee of the liquidator of any violation of the laws of nature, experience the company liquidation management pursuant to the winding-up of the scale and complexity of the process, the resources available to candidates and the liquidation process, the Commission recommends that the appropriate credit to the liquidator the Court candidate.
III. final question 19. Be declared unenforceable in the Commission Regulation No 273 21.12.2012. "credit the insolvency practitioner and the liquidator of candidate selection rules". Financial and capital market Commission President k. Zakuli States