Cabinet of Ministers Regulations No. 364 in 2013 (2 July. No 37 32 §) rules on the sworn bailiff action with bezmantiniek property Issued under the bailiffs Act 73. the third paragraph of article 191 of the commercial law, the third and the second paragraph of article 238.1, forest Act, article 44 of the eighth, the law "On especially protected natural territories" in the third paragraph of article 38.2, a public person's seizure law in article 5 of the tenth article 416 of the civil code and the sixth General questions 1. establish procedures that: 1.1 the sworn bailiff provides bezmantiniek management, protection of property, assessment, disposition, the vendor claims, accounts receivable Division revenue, including the sworn bailiff and sworn notary expenses and remuneration, or sales revenue transfers to the State budget, as well as determined the amount of the security; 1.2. the sworn bailiff takes possession and sale of shares and shares of a corporation, which acquired the property as a bezmantiniek; 1.3. the legislation that implemented the prior rights of the public authorities; 1.4. the municipality or national contributions to the sworn bailiff's deposit account funds on real estate evaluation and assessment; 1.5. evaluate and determine the need to maintain public property country in significant bezmantiniek property, including cultural heritage objects, art or natural object. 2. On the bezmantiniek property, within the meaning of these provisions considered by notarial act on termination of the heritage (hereinafter referred to as the Act) recognized property, which includes real estate, chattel or a company the share capital of shares (hereinafter referred to as the share capital (shares)) and the other financial instruments (hereinafter together: bezmantiniek thing). 3. For the purposes of this provision the vendor considered the Act specified the vendor. 4. the Use of the bezmantiniek property of the sworn bailiff are imported on the basis of a statement received. 5. Sworn bailiff actions taken in administering the property bezmantiniek acquisition and sales process, vendor may appeal to the Court in accordance with article 632 of the code. 6. Sworn bailiff action, which gives a basis to request the invalidation of auction, the interested party may appeal to the civil procedure law 617. in accordance with the procedure laid down in article.
2. a sworn bailiff action with the bezmantiniek property in the real estate action, receiving 2.1 statement of bezmantiniek the law's within the real estate 7. following the introduction of the sworn bailiff shall inform vendors about rights within 15 days after the notice is sent to ask a real estate appraisal and auction of the organisation, lodged his deposit account security sworn bailiff about set. 8. The amount of the security is composed of sworn bailiff posts, with the transfer of real estate (including management and protection), and the organisation of the auction costs, determined in accordance with the provisions on the enforcement activities of the level of expenditure required and payment arrangements. If the bezmantiniek property and the transfer of sales administration process, in the same case, the sworn bailiff's deposit account if the security has been lodged, the sworn bailiff, in determining the amount of the security, it does not include the post again. During the proceedings a creditor after a sworn bailiff's instructions in addition to the contributions required. If the creditor sworn bailiff not lodged within the time limit set in addition to the necessary expenditure, sworn bailiff might stop the disposal of immovable property and handle this provision in paragraph 14. 9. If the sworn bailiff concludes that real estate can be sold and the money from the sale amount may exceed the cost of the sale, or if this provision provided for in paragraph 7, the order is submitted to the vendor's request to hold a real estate auction and sworn into the bailiff's deposit account is a security has been lodged, the sworn bailiff will organizes real estate assessment. 10. If the 18 days after the sending of the statement of the Act sworn bailiff receives a request from a public body to provide information on the value of the property, he shall forward to the authority concerned real estate assessment. If none of the vendors are asked a real estate appraisal and auction and the organisation lodged a deposit account security, sworn bailiff shall inform the national authority or authorities of the need to contribute to the sworn bailiff's deposit account with the real estate assessment of associated costs. Real estate assessment is carried out after the sworn bailiff's deposit account has been paid to the real estate assessment of associated costs. If the time limit specified in this paragraph, no request for information on the value of the property is received, it is considered that the State refused to use their prior rights to real estate. 11. when the public person's seizure law after the time limit set in the bezmantiniek property in the real estate appraisal institution of the country of dispatch: 11.1. no information on real estate acquisitions, sworn bailiff carries out the disposal of immovable property this section 2.3 of the rules in the order; 11.2. you receive a Cabinet decision on the State authorities or local implementation and prior right within 10 days from the date of dispatch of this information sworn bailiff's deposit account is credited an amount of money specified in the assessment, sworn bailiff stop disposal of immovable property. In this case, the sworn bailiff from deposit account credited funds repaid creditors received the security. 12. If none of the vendors are asked to hold an auction or within the established time limit either lodged a security and state this provision in paragraph 11 or 10 deadline and procedure not used its prior to real estate, and the sworn bailiff concludes that real estate might be impossible to sell or sales cost of sales could exceed the amount of money, the sworn bailiff offers creditors to keep the real estate of the cadastral value defined for the property. If real estate is land that the national real estate cadastre information system as established in the land, which is located in specially protected natural territory or functional area (hereinafter referred to as the specially protected natural area), or a land that the national real estate cadastre information system as established in the forest area (hereinafter referred to as the forest land), sworn bailiff before vendors offer sends the appropriate nature protection authority or national joint stock company "Latvian State forests" call using prior rights on real estate for real estate cadastre value. Nature protection Office, or the national joint stock company "Latvian State forests" implemented the provisions of prior right provided for in paragraph 40. 13. The creditor who kept the real estate itself, shall be borne by the sworn bailiff posts reward for diligence on the takeover of bezmantiniek and sales process administration and other expenses incurred, if any, as well as a sworn notary expenses and compensation in connection with the preparation of the acts and conduct of the inheritance, based on sworn notaries submitted invoice. Vendor authorized to set off the amount that she comes from, your mortgage or other instrument given in the statement of claim, except for which has not yet entered into force, the Court ruling that the creditor's claim is satisfied. If the amount is not enough to hold all of the claim, the creditor may be included in your purchase price claims only the amount he owed, in accordance with the calculation after the cover they claim that compared to his claim is an advantage. If several vendors want to keep the property, sworn bailiff that rule 29., 30, 31 and 32 in the order provided for in hosting the auction, in which they are participating. About the time and place of the auction sworn bailiff for vendors who want to keep the property for himself, writing seven days in advance. In this case, the bidding starts from the stated property cadastral value. 14. If two weeks after this provision referred to in paragraph 12 of the invitation is sent, none of the provisions referred to in paragraph 12 of the people logged on to keep the real estate itself, or if this provision is in accordance with the procedure laid down in point 12 of several vendors want to keep the property for himself, but none of them paid to the sworn bailiff's deposit account in the amount of the security for the purchase of 10 percent of the property value of the specified cadastral as well as these rules 8 and 49 in the cases referred to in paragraph sworn bailiff to the acceptance and Transfer transfer of real estate the following institution: 14.1. The Ministry of finance, except that rule 14.2, 14.3, 14.4, 14.5., 14.6 and 14.7. cases referred to; 14.2. the national joint stock company "Privatization Agency" – in possession of real estate, which consists of a residential house, apartment ownership or shared ownership in existing joint ownership of part of the viendzīvokļ residential home, housing estate and living in the House; 14.3. the Ministry of Agriculture – forest land; 14.4. The protection of the environment and regional development Ministry – real estate especially protected natural areas; 14.5. The Ministry of transport, port, transport and communications the communications infrastructure of the land; 14.6. the Ministry of the economy – the power supply object; 9.1. public joint stock company "Privatization Agency" – in possession of immovable property, for which the State and municipal property privatization and privatization certificates on completion of the law on the use of article 5 in accordance with the procedure laid down in the privatization proposal has been submitted and the Cabinet has not taken a decision on the transfer of immovable property or the refusal to put the privatization of privatization.
2.2. Property Description and evaluation 15. If necessary, the sworn bailiff carries out real estate descriptions and provides it management, leaving real estate earlier possessor or Manager in managing the disposal of immovable property or, if not known possessor of real estate or the Manager to enter the real estate manager in its sole discretion. 16. Description of the immovable property at the time of the sworn bailiff shall notify the creditors. 17. the description of the Act of the sworn bailiff: 17.1. sworn bailiff's name, surname, position and place of practice; 17.2. the Act on the basis of which imported the thing; 17.3. the creditor or the trustee or his representative, if any, shall participate in the description; 17.4. the witness name, surname and place of residence, where they participate in the description; 17.5. property location; 10.9. from some parts of the real property consists; 17.7. to record the land base: 17.7.1. Description of the value of the property, if one is specified, the mass of the testator, the heritage the hassle with the debt and the amount, as well as the aprobežojum and the burdens imposed on real estate property; 17.7.2. news about the real estate situation and the contracts concluded in respect of this property, if the sworn bailiff is known as such, as well as details of the movable property that is real property accessory. 18. Description of technologically interrelated set of facilities and buildings, the sworn bailiff also determines that it is in the buildings, busy building size, composition, working space, the number of machines and other equipment. 19. Description of real estate, also 61, 62 of these regulations, and 63. 20. the sworn bailiff at the request of the creditor and to their account can request from the land registry Department of the State land service and other State and local government bodies their transcripts, documents relating to the real estate described. In this case, the specified document does not receive the stop description. 21. If the creditor has not participated in the description of the immovable property, the sworn bailiff of the Act then send the description within three days after the description. 22. Real estate after the sworn bailiff shall evaluate the request of a certified real estate appraiser, real estate forced sale value. 23. Sworn bailiff registered post shall notify this to the creditor in point 22 of the rules in the order provided for the assessment of real property, while explaining the right to 10 days after the notice is sent to ask it again, paying the required amount of money sworn bailiff's deposit account. 24. where necessary to assess the amount of money in the 10 days following the dispatch of the notification is lodged, the sworn bailiff request for property reassessment.
2.3. The real property disposal 25. Sworn bailiff reported real estate auction for at least one month before the auction, but on the basis of the creditor's request, the auction can announce at least two months before the auction. 26. the announcement concerning the real estate auction sworn bailiff published edition of the "journal" Web site at www.vestnesis.lv and at least two weeks before the auction post sworn bailiff's practice location. 27. Advertisement for real estate auction: 27.1. the vendor name and legal entities – name and location (legal address); 27.2. sworn bailiff's name, surname, position and place of practice; 27.3. real estate short description, location and cadastral number; 27.4. the real property assessment; 27.5. information that all persons on the estate is entitled to prevent its sale at auction, be made their claims to the Court until the auction date; 17.1. where the auction in a row it is; 17.2. time and place of the auction; 17.3. the amount of the security, payable to the sworn bailiff's deposit account. 28. About real estate auction sworn bailiff for at least two weeks previously registered post, inform vendors. 29. Before the auction sworn bailiff make sure that the amount of the security in the amount of 10 percent of the real estate assessment is credited his deposit account. Paid to the person who bought the auction of real estate, including sales charges. Other auction participants the security by auction shall be returned without delay. 30. the sworn bailiff: 30.1. entering the auction, called marketable real estate, auction and fixed price auctions, no less than one percent and not more than 10 percent of the real estate auction starting price; 30.2. asks the auction participants, or a promise of more; 30.3. While continue, promised when bidding prices shall notify orally and record auctions Act, stating the bidder's name; 30.4. when bidding for three times the end asks if no one step more, and, if after the third times do not follow the pārsolījum, do the keystrokes and announces that pārsolījum no longer accepts and the real estate to be auctioned are sold. 31. The auction in the sworn bailiff: 31.1. date and place of the auction; 31.2. sworn bailiff's name, surname, position and place of practice; 31.3. the Act specifying the claims of creditors, which is to meet the auction; 19.5. what real estate is auctioned and auction starting price; 31.5. persons participating in the auction as creditors and bidders; 19.6. the auction price and the bidders promised a first and last name; 19.7. the highest nosolīt rate nosolītāj's name or name, ID number or registration number and address; 19.8. the hassle, if real property is sold on condition that they be set aside. 32. After the real estate nosolītāj in the paid the entire amount, he said, as well as the civil law the State fee for the application for the property to the name of the beneficiary of the submission to the Court, sworn bailiff in accordance with the provisions of the law of civil procedure law, approval of the auction District Court whose territory the immovable property. If real estate is especially protected natural areas or forest land, the sworn bailiff before the application of the real estate to the acquirer in the name of the Court in the administration of nature protection or the public joint stock company "Latvian State forests" send an invitation to use the prior rights on real estate for auction, the highest bid nosolīt. Nature protection Office, or the national joint stock company "Latvian State forests" implemented the provisions of prior right provided for in paragraph 40. 33. If nosolītāj is not specified period shall pay the entire amount due from him, sworn bailiff and the security shall be added to the amount of received for the property, and distributed in the same order as that amount. The security lodged at the total amount to be added even if it is found that the nosolītāj had no right to participate in the auction. Of the statutory restrictions on real estate purchase are responsible themselves for the auction participants. 34. to confirm real estate auctions Act, legislation that the State or the municipality (if applicable – national joint stock company "Latvian State forests or natural protection administration) use their prior rights, as well as on the fact that real estate reserve vendor, sworn bailiff in accordance with the provisions of the Civil Procedure Act shall submit an application in the District Court on the property to the name of the beneficiary and recorded in the land of the debts. Sworn bailiff application for real estate to the acquirer's name, add documents, confirming that the legal costs of the said filing in court have been paid. 35. If the bezmantiniek property is disposed of within the real estate, auction law adopted in accordance with the rules of the civil law for the recovery going into real estate. 36. the sworn bailiff auction recognized as having taken place when: 36.1. the auction no bidder has not arrived; 36.2. None of them who come to auction, the initial price is not pārsol; 36.3. nosolītāj fixed term fails to pay all amounts due from him. 37. That the auction is deemed not to have occurred to these provisions or in 36.2 36.1. in those cases, sworn bailiff auction records Act and notify the persons who come to the auction, as well as creditors, if such persons were not present at the auction. That auction is deemed not to have occurred to this rule 22.6. in the case referred to in subparagraph, sworn bailiff draws up Act and notify the nosolītāj and vendors. 38. If auction was recognized as not having taken place: 38.1 36.1. these provisions or. 36.2. in the cases referred to sworn bailiff shall immediately notify all vendors and real estate co-owners, inviting them to keep the property for himself on the auction starting price. If real estate is especially protected natural areas or forest land, the sworn bailiff before sending the offer to the nature protection board or the national joint stock company "Latvian State forests" call using prior rights on real estate for real estate auction starting price. Nature protection Office, or the national joint stock company "Latvian State forests" prior rights implemented this provision in accordance with the procedure laid down in paragraph 40; 38.2. this rule 22.6. in the case referred to in subparagraph sworn bailiff shall immediately notify the bidder, the latter consistently overbid invites them to keep real estate for his promised the highest price. 39. After the last bidder paid the entire consistently overbid amount, he said, as well as the civil law the State fee for the application for the property to the name of the beneficiary of the submission to the Court, sworn bailiff in accordance with the provisions of the law of civil procedure law, approval of the auction District Court whose territory the immovable property. If real estate is especially protected natural areas or forest land, the sworn bailiff before the application of the real estate to the acquirer in the name of the Court in the administration of nature protection or the public joint stock company "Latvian State forests" send an invitation to use the prior rights on real estate for the last bidder in the auction nosolīt consistently overbid. Nature protection Office, or the national joint stock company "Latvian State forests" implemented the provisions of prior right provided for in paragraph 40. 40. the nature protection Office, or the national joint stock company "Latvian State forests" within 14 days after you send the call to inform the jury bailiff for the use of a prior right, while a sworn bailiff lodged a deposit account in the amount of money specified in the call. 41. If paragraph 40 of these provisions within the time limit set in the nature protection Office, or the national joint stock company "Latvian State forests" be informed of the use of the prior right claimed and lodged in the sworn bailiff's deposit account the amount specified on the invitation, sworn bailiff: 25.5. draw up legislation on real estate transfer of nature protection authority or national joint stock company "Latvian State forests" and in paragraph 34 of these rules properly submit it for approval to the District Court; 41.2. inform vendors about the use of pre-emptive and 32 and 39 of these rules, in the case referred to in paragraph shall inform the nosolītāj of immovable property or the last of the bidder and returned consistently overbid his deposit amount. Creditors who have requested real estate appraisal and auction, the organisation after the sworn bailiff served to calculate the end of the period of appeal to release him to the securities lodged. 42. If paragraph 40 of these provisions within the time limit set in and order information from the environmental protection administration, or the national joint stock company "Latvian State forests" for the use of the prior right claimed has not been received, the sworn bailiff: 42.1. do these provisions in accordance with the procedure laid down in point 12, if a call to use the prior rights on real estate was on the real property cadastral value; 26.2. do these provisions in accordance with the procedure laid down in paragraph 32, if a call to use the prior rights on real estate was on the auction nosolīt the highest price; 26.3. do the provisions of section 38.1. or in accordance with the procedure laid down in paragraph 43, if the call to use the prior rights on real estate was on real estate auction starting price; 26.3. do these provisions in accordance with the procedure laid down in paragraph 39, if the call to use the prior rights on real estate was the last bidder in the auction nosolīt consistently overbid. 43. when the last bidder is consistently overbid the deadline set in the law of real property maintenance or refused to keep real estate, sworn bailiff invited vendors or co-owners of real estate within two weeks to announce the retention of real property of the auction starting price. If real estate is especially protected natural areas or forest land, the sworn bailiff before sending the offer to the nature protection board or the national joint stock company "Latvian State forests" call using prior rights on real estate for real estate auction starting price. Nature protection Office, or the national joint stock company "Latvian State forests" implemented the provisions of prior right provided for in paragraph 40. 44. The creditor who kept real estate for himself and who has not asked for real estate assessment and the holding of the auction shall be borne by the sworn bailiff posts reward for diligence on the takeover of bezmantiniek and sales process administration and other expenses incurred, if any, as well as a sworn notary expenses and compensation in connection with the preparation of the acts and conduct of the inheritance, based on sworn notaries submitted invoice. Vendor authorized to set off the amount that she comes from, your mortgage or other instrument given in the statement of claim, except for which has not yet entered into force, the Court ruling that the creditor's claim is satisfied. If the amount is not enough to hold all of the claim, the creditor may be included in your purchase price claims only the amount he owed, in accordance with the calculation after the cover they claim that compared to his claim is an advantage. 45. After the person who reserves the property of the month has lodged a sworn bailiff's deposit account the necessary amount of money lodged a sworn bailiff in the District Court, where the area is in real estate, the application of the real estate to the nosolītāj, the co-owner or vendor name, and recorded in the land register of the debt cancellation. 46. If this rule 38.1 in and 43 in the case of more than one person wants to keep the property for himself, sworn bailiff that rule 29., 30, 31 and 32 in the order provided for in hosting the auction, which this person, moreover, bidding starts from an initial price of the auction. About the time and place of the auction sworn bailiff who wants to keep the property for himself, writing seven days in advance. 47. the sworn bailiff down the 10-day period in which creditors paid a sworn bailiff's deposit account security, you can ask to hold a second auction: 29.3. If the rules set out in paragraph 46 of the order organised the auction never arrives; 47.2. If these provisions in accordance with the procedure laid down in paragraph 46, the more people want to keep real estate himself, but none of them paid to the sworn bailiff's deposit account to purchase 10 percent of the amount of the security from the auction not initial price; 47.3. If real property is sold and the first auction, creditors and owners of real estate (where appropriate, public joint stock company "Latvian State forests or natural protection administration) does not log on to keep it on the auction starting price. 48. the sworn bailiff certificate and the second auction tool, subject to the provisions of the first auction. Real estate bidding starts from the amounts corresponding to 75 percent from the first auction starting price. 49. If auction was recognized as having taken place and not in accordance with the procedure laid down in these provisions to the jury bailiff has appealed to hold an auction for the second auction or been invalidated and the sworn bailiff concluded that also the second auction real estate might be impossible to sell or sales cost of sales could exceed the amount of money obtained sworn bailiff handed real estate this provision in paragraph 14 the said institution with decision-making and legislation. 50. the real property disposal sworn bailiff of the possessor of the immovable property or manager receives a settlement on property management and after managing the income gained during It adds the amount of receipt from which this provision in section 5 in the order of presentation of the claims of creditors or that are subject to the State budget. 51. If after the auction that concluded with the izsolīšan real estate, its disposal has taken place, the creditor who has lodged a security and promised a real estate security is credited to the purchase cost, but if the security creditor who has lodged a real estate security is not promised, according to the sworn bailiff for the underlying calculations on the distribution of the funds is repaid to him from selling the extracted features. Vendor security deposit is credited to the purchase cost, even if after the sworn bailiff offer vendor to keep real estate myself.
3. a sworn bailiff action with bezmantiniek belongings chattel in 3.1. Real property acquisition and evaluation 52. following the introduction of the sworn bailiff identify movable specified in legislation. 53. If the Act contains things that perishable (such as food) and whose value could be substantially reduced, if they will not be realized immediately, the sworn bailiff shall promptly transmit to the Commission for the sale. If the sworn bailiff recognize it to be appropriate, the Commission may refer a sale also other things. In the Commission of property sold by a trading company after a sworn bailiff estimated prices of the civil procedure law.
54. If the property specified in the Act, which is not transferable without delay for sale on Commission, sworn bailiff shall inform vendors about rights within 15 days after the notice is sent to ask the movable property assessment and the holding of the auction, paid his security deposit account the sworn bailiff about set. 55. The amount of the security is composed of sworn bailiff posts remuneration and with the seizure of moveable and auction holding costs, determined in accordance with the provisions on the enforcement activities of the level of expenditure required and payment arrangements. If the bezmantiniek property and the transfer of sales administration process, in the same case, the sworn bailiff's deposit account if the security has been lodged, the sworn bailiff, in determining the amount of the security, it does not include the post again. During the proceedings a creditor after a sworn bailiff's instructions in the additional amount of the contributions required to cover the expenses. Sworn bailiff might stop the disposal of movable property and hand it over to the State revenue service, if the vendor has sworn bailiff not within the time limit set in the additional amount of the contributions required to cover the expenses. 56. If the sworn bailiff concludes that movable property is likely to sell and the money from the sale amount may exceed the cost of the sale, or if this provision provided for in paragraph 54 of the order is filed the request of the creditor to hold real property auction and sworn into the bailiff's deposit account is a security has been lodged, the sworn bailiff seize movable property. 57. If none of the vendors are asked to hold the auction or not set deadlines and lodged a sworn bailiff concludes that movable property would be impossible to sell or sales cost of sales could exceed the amount of money, the sworn bailiff offers creditor to keep the property for himself sworn bailiff for the property value. Vendor, which keeps things to himself, shall be borne by the sworn bailiff posts reward for diligence on the takeover of bezmantiniek and sales process administration and other expenses incurred, if any, as well as a sworn notary expenses and compensation in connection with the preparation of the acts and conduct of the inheritance, based on sworn notaries submitted invoice. Vendor authorized to set off the amount that she comes from, its statement of claim specified in the legislation, except for which has not yet entered into force, the Court ruling that the creditor's claim is satisfied. If the amount is not enough to hold all of the claim, the creditor may be included in your purchase price claims only the amount he owed, in accordance with the calculation after the cover they claim that compared to his claim is an advantage. 58. If several creditors want the stuff to keep myself, sworn bailiff that rule 81, 82, 83, 84, 85 and 86.. in accordance with the procedure laid down in paragraph 1 shall hold the auction in which they are participating. About the time and place of the auction sworn bailiff for vendors who want to keep things to himself, writing seven days in advance. In this case, the bidding starts from the sworn bailiff for certain property values. 59. the sworn bailiff draws up Act and convey movable State revenue: 59.1. If none of the vendors do not log on to keep things to myself; 59.2. If this provision in paragraph 90 and 92 in the order provided for several vendors want to keep movable himself, but none of them paid to the sworn bailiff's deposit account for the purchase of 10 percent of the amount of property values; 59.3.97. these provisions in the case in point, when the second auction with a downward step is terminated. 60. the seizure of movable property gets the property description, sealing (showing what and how in case things laying) and protection. Stamping of property may be omitted, if it can damage property or seriously affect its value. The records include movable property is not apzīmogojam. 61. the sworn bailiff, describing the movable property, indicates precisely the individual qualities and quantities, as well as separate new articles of use, indicating the degree of depreciation. Describing the movable, sworn bailiff might bundle the individual items in the package, point to the item described the package names. Description: 61.1. precious metals, indicate the fineness (purity), if known. If the description of jewels decked things indicate these stones in the number, size, and name; 61.2. items, as well as product packaging existing products and materials, point to packages or existing signs and these packages store the name and description of the goods; 38.1. the financial instruments, their number, nominal value and class of numbers, if any. 62. the description of goods of the Act indicates: description of property Act of 62.1. dialing time and place; 62.2. sworn bailiff posts and practice, his first and last name; 38.7. Act on the basis of which imported the thing; 38.8. vendor or property description the present at his agent's name and last name; 62.5. each subject's name, described its specific characteristics (paragraph 61 of these regulations), the subject of the assessment of each individual, and all the things of value; 38.9. the name, surname and place of residence to which the sworn bailiff property passed in storage; 62.7. that vendors explain appeal Act of the description of the procedure and time limit; 39.0. that person sworn bailiff possessions passed into storage, explained the storage procedure described, the person's civil liability, as well as criminal penalties, if the storage assets, squander disposes of, lies or exchanged; 39.1. the vendor or other property description of persons present in the comments and objections; 35.10. If goods in describe troubled witnesses-witness name, surname and place of residence, but the officer – name and job title. 63. the description of goods of the Act shall be signed by the sworn bailiff, the creditors, the librarian and other persons who participated in the property description. If the creditors or their representatives of the law of property description not signed, sworn bailiff of the Act shall be made. 64. After the description of the movable property of the sworn bailiff shall promptly provide its storage, to enter the property preserver. Movable sworn bailiff shall be deposited in the natural person against signature. If the movable property the librarian cannot ensure its security at the address where it is located, the sworn bailiff movable possessions removed and handed to the librarian. Sworn bailiff is entitled at any time to take a decision on the movable property preserver replacement if the librarian cannot continue the performance of his duties, or does not provide the proper storage of movable property. 65. Gold and silver products and other valuables, as well as financial instruments in the sworn bailiff description in paragraph 61 of these regulations. These valuables and the financial instruments of the sworn bailiff removed and, if unable to provide their maintenance, shall be deposited in the credit institution. 66. assets constituting the estate money sworn bailiff removed and stating the amount of money withdrawn contributions in your deposit account. 67. Movable property (other than financial instruments and these rules apply under section 61) value determines the sworn bailiff after this area the existing prices, following the depreciation of the assets. If the movable property valuation requires special knowledge, sworn bailiff evaluation ask an expert. 68. the sworn bailiff registered post shall notify this to the creditor in paragraph 67 of the rules for the order of the movable property assessment. 69. If the movable property auction notification the vendor is asking for a sworn bailiff to invite experts to assess the assets again before experts joined the sworn bailiff shall notify in writing the assessment of the amount of costs and expenses of the creditor who asked the experts to call on. 70. If, 10 days after dispatch of the notice of assessment of the required amount of money is not paid to the sworn bailiff's deposit account, the request to invite the expert rejected. 71. If it is not possible at the request of the creditor, the experts call upon movable property description, date of the sworn bailiff's Act description of movable property indicates the specific value of the same property.
3.2. the Real property disposal 72. a Sworn bailiff has the right to sell the movable property, with the exception of krājobligācij, where 10 days after the seizure has not filed complaints about the sworn bailiff's activities or have not filed a request for expert evidence for repeat possessions. If the complaints, sworn bailiff has the right to dispose of the complaint of movable property, but if the decision filed a request for expert evidence, after the reassessment of property or the rejection of the request. 73. Movable sworn court bailiffs can sell at auction as one auction item, if real property includes the same things or the key thing and it side of things, or if they are not appropriate to be sold separately. 74. The share capital (shares) that have not been posted to the financial instruments accounts, shares, as well as other intangible auction sells a sworn bailiff, but shares that have been posted to accounts, financial instruments and other financial instruments to be for sale to the regulated market. 75. If the bezmantiniek property contains the krājobligācij registered in the Latvian central depository, sworn bailiff pursuant to laws on State security addressed the release of central depository of Latvia. Latvian Central Depositary of the delete the registered krājobligācij and the cost of funds takes place in accordance with the laws of the country during the release. 76. the sworn bailiff may remove the movable: 76.1. prior sales of the auction, if necessary; 76.2. to these rules in the cases of the transfer of movable property nosolītāj, or vendor. 77. Real property auction, with the exception of auction, sworn bailiff reported at least seven days in advance. 78. The notice of movable property auction: 78.1. pārdodamo objects and their assessment; 78.2. the amount of the security, payable to the sworn bailiff's deposit account; 78.3. auction location and time; 78.4. mass of the succession of first and last name of the deceased; 78.5. sworn bailiff's name and job title. 79. the notice of auction post sworn bailiff practice and local authorities in a specific location. 80. the sworn bailiff about the auction shall notify the creditors. 81. Before the auction sworn bailiff make sure that the amount of the security in the amount of 10 percent of the real property assessment is credited his deposit account. To the person who paid for the items sold, promising including purchase cost. Other auction participants sworn bailiff and the security by auction shall be returned without delay. 82. the sworn bailiff: 82.1. launched the auction of the sworn bailiff's assessment, but if you have had one or more of the re-evaluation, the highest rating. Entering each auction item izsolīšan, sworn bailiff names the item auction starting price, determined by the auction, not less than one percent and not more than 10 percent of the property auction starting price; 82.2. asks the auction participants, or a promise of more; 82.3. bidder promised prices communicated verbally and record auctions, as when bidding continues; when bidding for the end of 82.4. three times asking, or promise more, and if after the third times do not follow the pārsolījum, do the keystrokes and announces that pārsolījum no longer accepts the items to be auctioned and is sold. 83. the auction held in the order specified in these provisions of the real estate auction, as far as the maritime code provides otherwise. 84. a Person whose marketable items, promising pay full amount of nosolīt not later than the working day following the auction. If the amount exceeds 1 000 nosolīt lat, sworn bailiff at the request of the nosolītāj may postpone full payment of the purchase price for a period of up to seven days. If the amount exceeds 100 000 nosolīt lat, sworn bailiff at the request of the nosolītāj may defer payment of the full purchase price for a period of up to 14 days. 85. when the auction nosolīt amount paid in full, the purchased objects shall nosolītāj, and the sworn bailiff on the dial. 86. The auction in the sworn bailiff: 53.5. date and place of the auction; 86.2. sworn bailiff's name, surname, position and place of practice; 86.3. sold the item name or number from the description; 86.4. object sold auction starting price and auction step; 86.5. auction bid the highest price; 86.6. nosolītāj's first name, last name, ID number and address. 87. the sworn bailiff auction for not declaring to have occurred if not for the auction: 87.1. arrived no one bidder; 87.2. None of them who come to not promise more than the auction price. 101.8. nosolītāj pursuant to this rule 84, fixed period fails to pay all amounts due from him. 88. This rule 101.8. case in point the security deposit is not paid back, but the total for the property that you want to add the received amount. The security deposit amount to be added to, even if it is found that the nosolītāj had no right to participate in the auction. Of the statutory restrictions on certain types of movable property purchase are responsible themselves for the auction participants. 89. That the auction is deemed not to have occurred to these rules or 87.2 in 87.1. in those cases, sworn bailiff auction records Act and notify the persons who come to the auction. That auction is deemed not to have occurred to 101.8. these provisions in the case referred to in subparagraph, the bailiff draws up Act and notify the nosolītāj and vendors. 90. If declared not taken place auction rules 87.1 and 87.2.. for the reasons referred to in subparagraph, the bailiff shall immediately notify creditors, inviting them to keep the property on the auction starting price. The creditors have the right to two weeks after the bailiff's invitation is sent to notify the bailiff on the retention of property of the auction starting price. 91. The creditor who keeps things to himself and who has not asked for movable property assessment and the holding of the auction shall be borne by the sworn bailiff posts reward for diligence on the takeover of bezmantiniek and sales process administration and other expenses incurred, if any, as well as a sworn notary expenses and compensation in connection with the preparation of the acts and conduct of the inheritance, based on sworn notaries submitted invoice. Vendor authorized to set off the amount that she comes from, its statement of claim specified in the legislation, except for which has not yet entered into force, the Court ruling that the creditor's claim is satisfied. If the amount is not enough to hold all of the claim, the creditor may be included in your purchase price claims only the amount he owed, in accordance with the calculation after the cover they claim that compared to his claim is an advantage. 92. If the auction does not been declared this rule 101.8. reason referred to, the bailiff shall immediately notify the bidder, the latter consistently overbid invites them to keep the stuff about his promised the highest price. The last bidder is entitled to consistently overbid two weeks after the bailiff's invitation is sent to notify the bailiff on the retention of property seized for himself. If the latter consistently overbid the bidder did not notice within the time limit set for the retention of property or refused to keep the creditors have the right to two weeks after the bailiff's invitation is sent in writing to announce the retention of property of the auction starting price. 93. If several creditors want to retain movable property for auction starting price, sworn bailiff that rule 81, 82, 83, 84, 85 and 86.. in accordance with the procedure laid down in paragraph 1 shall hold the first auction again with creditors who want to keep things to yourself about the price. Bidding starts from the first auction starting price. About the time and place of the auction sworn bailiff in writing notify the vendors seven days in advance. If the auction does not appear for any vendor, sworn bailiff draws up legislation that passes the movable State revenue. 94. a Person who reserves the property seized, pay out this rule laid down in paragraph 84. in order. 95. If no one is logged on to keep things to myself, sworn bailiff down the 10-day period in which creditors paid a sworn bailiff's deposit account security, you can ask to hold a second auction. 96. If creditors this provision referred to in paragraph 95, please hold a second auction and the sworn bailiff lodged within the time limit set by the security deposit account or if the sworn bailiff concludes that movable property is likely to sell and the money from the sale amount may exceed the cost of sales, sworn bailiff shall immediately determine the second auction. The second auction disclosed pursuant to the provisions of the first auction. The second auction bidding starts from the first auction starting price and is subject to the rules in paragraph 82. 97. If you are not one of those who come to the second auction, do not promise more than the auction starting price, sworn bailiff, declares that the subject of the izsolīšan starts with the downward step. Sworn bailiff auction starting price of the subject of lowering of the above step, which must not be more than 10 percent from the initial price of the auction, and asks whether any of the present step of this price. For each price undercutting sworn bailiff shall mark the auction. Sworn bailiff ceases when the item izsolīšan is not one of those who came, not even the promise of 10 percent from the initial price of the auction item. 98. If any of the second auction of the items present a step named price, sworn bailiff, asks three times or more, and if the step does not follow the pārsolījum, do the keystrokes and announces that pārsolījum no longer accepts the items to be auctioned and is sold. If someone promises more auction continues with upward step, subject to this provision, paragraph 82. 99. If the creditors in accordance with the procedure laid down in these provisions please not hold a second auction or a sworn bailiff not lodged within the time limit set in the security deposit account and the sworn bailiff concludes that movable property would be impossible to sell or sales cost of sales could exceed the amount of money, the sworn bailiff draws up Act and convey movable property the State revenue service. 100. If after the auction that concluded with the izsolīšan of movable property, the transfer has taken place, the creditor who has lodged a security and promised a movable property, the security is credited to the purchase cost, but if the security creditor who has lodged a movable is not promised, sworn bailiff served to calculate the appeal deadline the security he is repaid from sales funds obtained. Vendor security deposit is credited to the purchase cost, even if after the sworn bailiff quote vendor reserves movable himself. 101. If the real thing is national cultural monument, the buyer shall inform the national cultural monuments protection inspection, which implements article 416 of the Civil Code of the sixth part of the assessment in accordance with the order in which the country uses pre-emptive rights are forfeited if the national cultural monument.
4. the sworn bailiff action with the bezmantiniek property of the constituent parts of the fixed capital (shares). following importation 102 sworn bailiff register authority and the company on its legal address registered post shall notify the share capital (shares) the recognition of bezmantiniek property. If a company has had only one participant (shareholder) of the part (shares) are recognized as property and bezmantiniek who was the only member of the Board of the company, the company does not send the information. 103. the sworn bailiff shall notify creditors about the possibility, within 15 days after the notice is sent to ask the organisation of the auction, the sworn bailiff lodged a deposit account security sworn bailiff about set. 104. The amount of the security is composed of sworn bailiff remuneration and with the Office of the share capital (shares) auction holding costs, determined in accordance with the provisions on the enforcement activities of the level of expenditure required and payment arrangements. If the bezmantiniek property and the transfer of sales administration process, in the same case, the sworn bailiff's deposit account if the security has been lodged, the sworn bailiff, in determining the amount of the security, it does not include the post again. During the proceedings a creditor after a sworn bailiff's instructions in addition to the contributions required. Sworn bailiff might stop the share capital (shares) and sent to the commercial register authority and the company concerned notice of the fact that the share capital (shares) over the company, if the creditor sworn bailiff not lodged within the time limit set in addition to the necessary expenditure. 105. If none of the vendors are asked to hold the auction or not set deadlines and lodged a sworn bailiff concludes that the share capital (shares) would be impossible to sell or sales cost of sales could exceed the amount of money, the sworn bailiff sent to the commercial register authority and the company concerned notice of the fact that the share capital (shares) over the company. If a company has had only one participant (shareholder) of the part (shares) are recognized as property and bezmantiniek who was the only member of the Board of the company, the company does not send the information. 106. If these provisions in accordance with the procedure laid down in paragraph 103 has filed the creditor's request to take part in the share capital (shares) auction and sworn into the bailiff's deposit account is a security has been lodged, or where the sworn bailiff concludes that the share capital (shares) is possible to sell and the money from the sale amount may exceed the cost of sales, sworn bailiff section 3.2 of these regulations in accordance with the procedure laid down, without prejudice in this chapter , organized by the share capital (shares) auction. 107. Financial instruments and equity is the value determined by the sworn bailiff pursuant to the financial instruments or the nominal value of the share capital. Sworn bailiff may, on its own initiative, invite a certified expert in the share capital (shares) or a financial instrument. 108. If the auction does not been declared because the auction no bidder has not arrived or is not one of those who came, not to promise more than the starting price of the auction, the sworn bailiff sent to the company at its registered address in order that a company asks the Board to immediately notify the company of the members (shareholders) for the rights to 20 days after the sworn bailiff's order was sent to inform the sworn bailiff and company Board of the share capital (shares) purchase of auction starting price of While a sworn bailiff lodged a deposit account fixed capital (shares) auction starting price. 109. If the auction does not been declared as nosolītāj, subject to this provision, paragraph 84, fixed period fails to pay all amounts due from him, sworn bailiff shall immediately notify the bidder, the latter consistently overbid invites them to keep the share capital (shares) on his promised the highest price. The last bidder is entitled to consistently overbid within 14 days after the invitation is sent, a bailiff in writing notify the bailiff on the share capital (shares) of its retention nosolīt the highest price. 110. when the last bidder is consistently overbid the 109 of these provisions within the time limit referred to in paragraph announced the share capital (shares) or refused to retain its keep, sworn bailiff sent to the company at its registered address in order that a company asks the Board to immediately notify the company of the members (shareholders) for the rights to 20 days after the sworn bailiff's order was sent to inform the sworn bailiff and company Board of the share capital (shares) purchase of auction starting price of While a sworn bailiff lodged a deposit account fixed capital (shares) auction starting price. 111. This rule 108 and 110 in the order referred to in paragraph sworn bailiff instructs the company to the Management Board within 10 days after the last company member (shareholder) made a statement on the share capital (shares) purchase of auction starting price: 111.1. proportion to the participants (shareholders) of the share capital of the suspension parts (shares) split the bezmantiniek property in the share capital (shares) among the company participants (shareholders) who announced the share capital (shares) purchase of auction starting price; 111.2. to inform the sworn bailiff for this rule 111.1. in accordance with the procedure laid down in point in the share capital (shares) percentage distribution between the members of the company (shareholders) who announced the share capital (shares) purchase of auction starting price. 112. If these provisions within the time limit specified in paragraph 111 of the company's Management Board for the sworn bailiff does not notify the bezmantiniek property in the part of the share capital (shares) percentage distribution between the members of the company (shareholders) who announced the share capital (shares) purchase of auction starting price, or if this provision in paragraph 108 and 110. deadline members (shareholders) who announced the share capital (shares) purchase of auction starting price, not the sworn bailiff lodged a deposit account fixed capital (shares) of the auction starting price , sworn bailiff invite vendors to keep the share capital (shares) on the auction starting price. 113. If the company has had only one participant (shareholder) of the part (shares) is recognized as the bezmantiniek property, and the auction is declared not to have occurred, the sworn bailiff invite vendors to keep the share capital (shares) on the auction starting price. 114. The creditors have the right within 14 days after the sworn bailiff of dispatch of the written invitation to inform the bailiff of the share capital (shares) for the retention of auction starting price. Vendor, which retains the share capital (shares) and who has not himself asked for the holding of the auction shall be borne by the sworn bailiff posts reward for diligence on the takeover of bezmantiniek and sales process administration and other expenses incurred, if any, as well as a sworn notary expenses and compensation in connection with the preparation of the acts and conduct of the inheritance, based on sworn notaries submitted invoice. Vendor authorized to set off the amount that she comes from, its statement of claim specified in the legislation, except for which has not yet entered into force, the Court ruling that the creditor's claim is satisfied. If the amount is not enough to hold all of the claim, the creditor may be included in your purchase price claims only the amount he owed, in accordance with the calculation after the cover they claim that compared to his claim is an advantage. 115. If several creditors want the share capital (shares) to keep the starting price for the auction, sworn bailiff down the 10-day period in which creditors paid a sworn bailiff's deposit account security, you can ask to hold a second auction. 116. the sworn bailiff section 3.2 of these regulations in accordance with the procedure laid down, without prejudice to that laid down in this subsection, arrange the share capital (shares) the second auction. 117. If the creditors in accordance with the procedure laid down in these provisions please not hold a second auction or a sworn bailiff not lodged within the time limit set in the security deposit account for a second auction for the organisation, or the share capital (shares) to keep the starting price for the auction, sworn bailiff sent to the commercial register authority and the company concerned notice of the fact that the share capital (shares) over the company. If a company has had only one participant (shareholder) of the part (shares) are recognized as property and bezmantiniek who was the only member of the Board of the company, the company does not send the information. 118. If after the auction that concluded with the share capital (shares) izsolīšan, has been part of the share capital (shares) seizures, the creditor who has lodged a security of promised by the share capital and (shares), security is credited to the purchase cost, but if the security deposit by the vendor, which the share capital (shares) is not promised, sworn bailiff calculated appeal issued by the end of the period of the security being refunded from the auction for funds. Vendor security deposit is credited to the purchase cost, even if after the sworn bailiff offer vendor to keep the share capital (shares). 119. After the share capital (shares) nosolītāj or the last bidder paid the entire consistently overbid his amount due, in accordance with the procedure prescribed by Law, he shall send a notice of the pre-emptive rights of company participants (shareholders) with pre-emptive rights.
5. With the bezmantiniek property and the transfer of sales administration process gained income. Bezmantiniek seizure of 120 earned income, as well as property management income gained from keeping the sworn bailiff's deposit account. All earnings are divided in the case in the following order: 120.1. sworn bailiff posts remuneration and expenses in connection with the acquisition of bezmantiniek assets (including administration costs), and disposal of property; 120.2. sworn notary expenses and remuneration of post in connection with the preparation of the Act and the inheritance books, based on the invoice submitted sworn notary public; 120.3. after Act statement specified the obligations of the creditor with whom she claims based, are recognized which has the force of res judicata, the judgment is satisfied the claims of creditors. 121. If a gain income by deducting 120.1. these provisions and 120.2. the expenditure referred to in point, it is not possible to satisfy all claims of creditors, gain income to be distributed in the following order: 121.1. claims for maintenance, pay, personal injury claims, which result in mutilation or other damage to health or death occurred; 121.2. claims on tax and non-tax payments to the State budget; 121.3. individual claims for damages to property caused by the criminal offence or administrative offence; 121.4. the remaining claims. 122. In each of the next round of claims are satisfied after previous rounds of full satisfaction of the claim. If earned income is not sufficient to satisfy all claims of one round, these claims are granted in proportion to the amount owed to each creditor. 123. If the income from the disposal of property forming part of the bezmantiniek estate property which burdened with a mortgage, including the parts (shares), which pledged in accordance with the provisions of the law on Pledge, except that rule and 120.2 120.1. expenditure referred to, it is not possible to satisfy all claims of creditors, gain income to be distributed in the following order: 123.1. with a pledge to ensure entitlements by their prior rights; 123.2. other claims. 124. If the income from the disposal of property forming part of the bezmantiniek estate, which embarrassed by mortgage, excluding this provision in 120.1 and 120.2. certain expenses, it is not possible to satisfy all claims of creditors, gain income to be distributed in the following order: 124.1. claims of the staff salary costs associated with the maintenance of the property, and with their wage-related social insurance contributions. 124.2. claims for payment of taxes due on this property; the land registry recorded reālnast 124.3. which come due; 124.4. with real estate mortgage backed claims by their prior rights; 124.5. other claims. 125. If there are several vendors, and if bezmantiniek the seizure and management of real estate for the amount of time is not enough to completely satisfy all claims, sworn bailiff draws up a calculation to divide money among the creditors and provide it to them. 126. If a person specified in these provisions and in order to keep the wish expressed bezmantiniek belongings yourself, sworn bailiff draws up a calculation to determine the amount due from that person. 127. On all amounts that form the security, sworn bailiff draws up a calculation, which is sent to the vendor. 128. the sworn bailiff estimates drawn up by the law of civil procedure laid down in article 632 order can appeal to the district (municipal) Court. 129. If one of the effects of the transfer of bezmantiniek and sales administration process the security lodged one vendor, but of income eligible for a number of the claims of creditors, creditor who has lodged a security of its proportionate to the number of creditors are partially reimbursed, respectively, reducing the rest of the amount paid to the vendor. If the bezmantiniek property and the transfer of sales administration process the security lodged several creditors, secured part of the security, in proportion to the number of vendors they are partially reimbursed. 130. If the Court which has the force of res judicata ruling is not recognized, vendor relation with his based claim, sworn bailiff of income derived from bezmantiniek of the seizure, the vendor released security received. 131. If after the bezmantiniek property sales and the experience in the distribution of income in accordance with the procedure laid down in these provisions, remain divided income from divestment of bezmantiniek, sworn bailiff to the State general revenue account in the Treasury.
6. Closing questions 132. Real Estate holder who state the bezmantiniek property – nodding real estate- acquired up to 30 June 2013, said property manager or sworn bailiff from the disposal of real estate funds to pay the resulting costs (paid real estate taxes, utilities and payments that are related to registering property in the land to the state name) after this provision and 120.1 120.2. the costs referred to in point. 133. Bezmantiniek gear cases launched to 30 June 2013 and which, in accordance with the Public person's seizure of the transitional provisions of the law on 16 are passed to a bailiff, sworn of the vendor under the terms of this be considered also for whom fixed mortgage, mortgage rights or prohibition. 134. This rule 8, 14 and 49 in the cases referred to in point real estate this provision 14. institutions referred to in points surrendered when it is free from the claims of creditors. Prime Minister-Minister of welfare in Gwyneth Viņķel Minister of Justice John Bordān in