Cabinet of Ministers Regulations No. 64 in 2013 (January 29. 6. § 24) recovery service provider licensing procedures issued pursuant to the debt recovery law of non Article 5, fourth and fifth part i. General questions 1. determines: 1.1. requirements for debt recovery service provider so that it can receive a special permission (licence) debt recovery service (hereinafter referred to as the special permit (license)); 1.2. the procedures for issuing, using, stop, and revoke the re-registered at the special permission (license); 1.3. the order in which the State fee payable for special permission (license), its renewal, and Government fees. 2. Special permission (license) debt recovery service provider to issue, suspend, and revoke the re-registered at the consumer centres. 3. Special permission (license) is issued for three years. 4. Special permission (license) or a copy thereof to the debt recovery service provider places the consumer in debt recovery service, as well as the presentation of the debtor, upon his request, if recovery is performed outside the debt recovery service. About debt recovery service shall be considered to be permanent and systematic provision of services furnished place that also provides for the adoption of the debtor. 5. Information about the special permissions (licenses) number, date of issue and term of validity shall be published in the recovery of the service provider's Web site, if any. 6. The consumer protection centre within three working days after the decision on its website information on the inserts: 6.1. recovery services providers who received special permission (license) or the pārreģistrējuš, including giving information on debt recovery service; 6.2. debt recovery service providers issued a special permit (license) the suspension and cancellation; 6.3. change special permissions (licenses) 24 of these rules in the case referred to in paragraph. 7. Consumer Protection Center is entitled to request and receive information from a debt recovery service provider, as well as to carry out the necessary checks, including service to monitor debt recovery service provider and compliance with these rules and requirements of the legislation in the field of consumer protection. 8. Consumer Protection Center before a decision on the special permission (license) the issuance, suspension, or cancellation of registration is entitled to give instructions to the debt recovery service provider for actions that should be taken to ensure recovery of the debt or performance of the service provider's compliance with these rules and requirements of the legislation in the field of consumer protection. II. Debt Recovery service provider requirements for special permissions (licenses) for 9. for special permission (license), debt recovery service provider must meet the following requirements: 9.1. recovery services provider is a business person or natural person, operating the reviewer that professional activities provides debt recovery services, and it is not deprived of the right to carry out commercial or professional activities in the field of debt recovery; 9.2. the merchant-recovery service provider – the Council or the Executive Board or the pārstāvēttiesīg Member has not been deprived of the right to carry on business in the field of debt recovery; 9.3. debt recovery service provider has registered the processing of personal data or personal data protection officer in accordance with the regulations on the physical protection of personal data; 9.4. debt recovery service provider has developed and approved a debt recovery service internal procedures governing the recovery procedures, interfaces with the debtors, debt recovery expenses make up their financial positions and the transcript; 9.5. debt recovery service provider has developed and validated a consumer complaint handling procedures to ensure a reasonable period complaints received and responses; 9.6. the special permission (license) to the date of issue of the recovery of the debt service the State revenue service database does not contain information on the arrears of taxes, duties or governmental charges laid down by the State budget; 9.7. debt recovery service provider in the last three years have not reversed the special permit (license); 9.8. debt recovery service provider (if debt recovery service provider is a natural person) or one of the members of the Council or the Board or pārstāvēttiesīg members (if debt recovery service provider is a trader) or its employees whose responsibilities include debt recovery, not criminally prosecuted for an intentional criminal offence, for which the responsibility for criminal law IX, X, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX or XX chapter except if the criminal record has been deleted. 10. This provision applies also to paragraph 9.7. for instance, if: 10.1. a natural person has been in the merchant-service provider of debt recovery, Council or Board member or pārstāvēttiesīg Member, who cancelled a special permit (license); 10.2. the merchant or member of the Board of the Council or the Member pārstāvēttiesīg has been a merchant-recovery service provider – the Council or the Board or the pārstāvēttiesīg Member, who cancelled a special permit (license). 11. This rule 9.7. subparagraph does not apply to cases where the special permit (license) cancelled pursuant to this provision, 36.2 36.1., 36.3. or 36.4. section. III. special permission (license) issued 12. Recovery services provider special permissions (licenses) submitted the consumer protection Centre signed submission (annex 1). The application shall be accompanied by appropriate laws and regulations on the development and design of a document drawn up for these rules referred to in annex 1. 13. foreign physical and legal persons documents must be legalised unless the laws of the Republic of Latvia or the Republic of Latvia Saeima approved international treaties do not set out other arrangements. If the document is in a foreign language, requires notarized or regulations, arrangements for the translation of documents in which the national language, a certified translation. 14. If the rules referred to in paragraph 12 of the application submitted electronically, debt recovery service provider application and the attached documents electronic copies certified with secure electronic signature and a time stamp according to the law on electronic document design. 15. to prepare documents for the adoption of the decision of the special permission (license) the issuance, renewal, suspension or cancellation, the consumer rights protection centre, if necessary, obtain the following information: 15.1. from the State revenue service database information for recovery of the service provider's overdue tax, fee, or fixed payments to the State budget; 15.2. the register-current version information about debt recovery provider, its Board members or pārstāvēttiesīg members, if debt recovery service provider is a businessman; 15.3. the Ministry of Interior Information Center maintained a fine record (hereinafter referred to as the punishment register) – information on debt recovery service provider – natural person or economic operator's Council and Board members or pārstāvēttiesīg Member – criminal or administrative convictions and the criminal convictions, whose responsibilities include debt recovery; 15.4. Data from the national inspection of the processing of personal data and the protection of personal data in the register of specialists-information on debt recovery service provider registered the processing of personal data and data protection registered professionals. 16. If the application is not accompanied by all the documents referred to in these provisions or the information is incomplete or inaccurate, the document is not presented in accordance with the laws and requirements or need additional information this provision referred to in paragraph 19 of the decision, the consumer rights protection centre shall inform in writing the debt recovery provider, giving the date by which such documents or information be submitted, and the extended time limit for the receipt of the decision. 17. Consumer Protection Center after consideration of the application and its evaluation of the information available to decide on the refusal to issue a special permit (license) if: 17.1. debt recovery service provider does not comply with the provisions referred to in paragraph 9; 17.2. debt recovery provider that rule 16 time limit specified in paragraph does not provide the information required for the decision. 18. Consumer centres at its disposal information evaluation is entitled to take a decision on the refusal to issue a special permission (license) if: 18.1. Merchant, the Council or the Board or the pārstāvēttiesīg member in the past year has made significant administrative infringement of trade, services and finance, consumer or individual in the field of data protection. In assessing whether administrative violation ranks of the essential, the consumer rights protection centre shall take into account the nature of the irregularity committed and duration of impact (loss of consumers), as well as other circumstances that have meaning; 18.2. debt recovery service provider has not adhered to then determine the consumer protection centre on the protection of the collective interests of consumers; 18.3. debt recovery service provider or planned operation displays the recovery service meets the requirements of the legislation in the field of consumer protection; 18.4. debt recovery service provider has not fulfilled the laws and consumer protection set out in the written commitment deadline to prevent infringements; 18.5. it is established that the debt recovery service provider has supplied inaccurate information; 18.6. debt recovery service provider has not fulfilled the terms of paragraph 8 of the consumer rights protection centre. 19. consumer rights protection centre on special permission (license) for the issue or refusal to issue a special permit (license) shall be taken within one month from the day of receipt of the rules referred to in paragraph 12 of the application and the attached documents. 20. Consumer Protection Center in point 19 of those rules, that decision shall be notified to the debt recovery service provider under the notification law. 21. The consumer protection centre after the decision of the special permission (license) issued by issuing debt recovery service provider has a specific pattern of special permission (license) (annex 2). Consumer Protection Center special permission (license) issued a document in the form of electronic or paper form. 22. the special permit (license) shall take effect when the rules referred to in paragraph 19 of the decision on the special permissions (licenses) of the issue announced recovery service provider or a special permit (license) for the specified date. If a special permit (license) is moved, it shall enter into force on the day following the previous special permission (license) to the specified expiry date. 23. If a special permit (license) is damaged, stolen or lost, debt recovery service provider immediately after the capture of that fact in writing inform the consumer rights protection centre, in submitting the application for special permission (license) the issue of a duplicate. Consumer rights protection centre within five working days after receipt of the application, shall issue the special permits (licenses) duplicate. To the special permission (license) duplicate recovery for the service provider is entitled to provide debt recovery service. 24. If special permission (license) is changed during operation at the specified information, debt recovery service provider within 10 working days after the onset of changes submitted to the consumer rights protection centre of the application for the necessary amendments to the special permission (license) (annex 3). 25. If special permission (license) is changed during operation, this provision of the annex 1 the information specified in paragraph 2, the debt recovery service provider is obliged to inform the consumer protection centre and within 10 working days after the change occurred to submit topical information. 26. If special permission (license) is changed during operation, this provision in paragraph 4 of annex 1 contains information, debt recovery service provider is obliged to inform the consumer protection centre and within 10 working days after the change occurred to submit topical information. If the employee is a foreign national, in addition to submitting the certificate of criminal record issued by the country of residence of the person in authority that maintains information about criminal convictions in accordance with national law, in the absence of such information it is not possible to get the penalty register. The certificate must be issued no earlier than six months. 27. special permissions (licenses) while operating at the consumer centres of demand recovery service provider has the obligation to provide information for the preceding calendar year in debt recovery services (serviced and recovered a number of debt debt recovery concluded contracts, as well as information about the sectors (areas) that have debt recovery) and other information. IV. special permissions (licenses) and it requires renewal documents 28. applications for special permits (licenses), as well as the appearance of the submit renewal, shall decide on the special permission (license) the renewal or refusal of renewal and notify you in accordance with the provisions in chapters II and III of the arrangements and time-limits, in so far as it does not set chapter IV. 29. If debt recovery service provider who received special permission (license), wants to extend its validity period (re the special permission (license)), it's less than four months, but not later than two months before the date specified in paragraph 3 of the rules of the special permission (license) expiration date submit consumer protection in the center of the special permission (license) the renewal application (annex 4). The application shall be accompanied by appropriate laws and regulations on the development and design of a document ready 4. the documents referred to in the annex. 30. If debt recovery provider special permission (license) application for renewal submitted in paragraph 29 of these rules within that period, but wants to continue the debt recovery service, it shall submit the documents referred to in these provisions a new special permit (license) under this provision, the procedure laid down in chapter III, paying the State fee, a new special permit (license) for specified in these provisions. 31. The consumer protection centre is entitled to take a decision on the refusal to reregister the special permission (license) if debt recovery service provider within the time limits provided by the consumer protection centre, this provision 24., 26., or the information referred to in paragraph 27. V. special permission (license) the suspension and cancellation of 32. Consumer Protection Center is entitled to take a decision on the debt recovery service provider has issued special permits (licenses) to suspend for a period of up to six months if: 32.1. debt recovery service provider does not comply with the provisions referred to in paragraph 9; 32. debt recovery service provider does not provide consumer protection centre, it requested documents and information necessary for the debt recovery service provider for inspection, or cooperate with consumer centres in accordance with the provisions of paragraph 8, to prevent irregularities in the field of consumer protection; 32.3. debt recovery service provider has not fulfilled the consumer protection Centre's decision to the protection of the collective interests of consumers or does not comply with the laws and regulations in the field of consumer protection set out in writing the commitment deadline to prevent infringements; 32.4. debt recovery service provider within the time limits provided by the consumer protection centre, these rules 25, 26, 27. information referred to in paragraph 1; 32.5. debt recovery service provider the amount of taxes, duties or other national payment amount is greater than 1000 lats. In this case, the consumer rights protection centre is entitled to suspend the special permission (license) until then provide information about the full payment of the debt; 32.6. debt recovery service provider does not systematically follow the debt recovery service and consumer complaint handling procedures; 32.7. debt recovery service provider does not comply with the requirements of the legislation in the field of consumer protection; 20.4. The consumer protection Centre has information on debt recovery service provider or its Council or Board members or pārstāvēttiesīg member (if debt recovery service provider is a trader) allow infringements or the economic activities in the field of consumer protection special permission (license); 32.9. Consumer Protection Center has information on debt recovery service provider, its employees, or its Council or Board members or pārstāvēttiesīg member (if debt recovery service provider is a trader) allow violations of data protection of individuals in the field of special permissions (licenses). 33. The consumer protection centre within three working days after the decision on the special permission (license) the suspension shall notify the service provider of debt recovery, indicating the reasons for the suspension. 34. If debt recovery service provider resolve consumer centres in the decision of the special permission (license) the suspension of any irregularities or non-compliance with the requirements of the consumer rights protection centre shall decide on the special permission (license) restoration within 10 working days from the day when debt recovery service provider or other entity has provided the consumer rights protection Centre for the prevention of irregularities. If the decision requires additional information or verification of information, decision, the time limit may be extended up to one month. 35. The consumer protection centre within three working days after the decision of the special permit suspended (license) restoration shall notify in writing the debt recovery service. 36. The consumer protection centre shall decide on the special permission (license) if cancellation: 36.1. debt recovery service provider within six months after the consumer rights protection Centre's decision on special permission (license) for the issue of the provision of the service has not started or has stopped economic activity for more than six months; 36.2. debt recovery service provider submits the application (annex 5) with the request to revoke the special permission (license); 36.3. debt recovery service provider has been declared insolvent; 36.4. the Court ruling has been adopted or the business register includes the information on debt recovery service provider termination; 22.7. special permissions (licenses) suspended temporarily in accordance with the provisions of paragraph 32 and debt recovery service provider does not set deadlines prevented a breach or non-compliance with requirements for which special permissions (licenses) suspended. 37. The consumer protection centre is entitled to take a decision on the special permission (license) if cancellation: 37.1. significant violations have legislation in the field of consumer protection. In assessing whether the violations concerned constitute essential consumer rights protection centre shall take into account the nature and duration of the infringement, impact (the loss to consumers), as well as other circumstances that have meaning; 37.2. The consumer protection Centre has information that the special permissions (licenses) while operating debt recovery service provider or a Council or Board members or pārstāvēttiesīg members, if debt recovery service provider is a merchant, the administrative penalties are imposed for administrative violations of trade, services and finance, consumer or individual in the field of data protection; 37.3. debt recovery service provider Consumers Protection Center has supplied false information. 38. Debt Recovery service provider to which the cancelled special permit (license), a new special permit (license) for the receipt may be submitted not earlier than three years after the date of entry into force of the decision on the special permission (license) the cancellation, except where special permission (license) reversed after recovery at the request of the service provider under this rule 36.2.. If a special permit (license) is cancelled, the duty of the special permission (license) for the issue or renewal of debt recovery service provider are not refunded. Vi. State fees and payment arrangements 39. State fees for special permission (license) is issuing 2500 dollars. 40. the national toll of special permissions (licenses) of the renewal is 1000 lats. 41. the national fee for a special permit (license) for the issue or renewal of debt recovery service provider paid before 12 and these provisions referred to in paragraph 29 the application of consumer protection Center. 42. A State fee of debt recovery service provider pays with a credit institution or a body that has the right to provide payment services, specifying the purpose of the payment: the fee for a special permit (license) for the issue or renewal. 43. State fee including the State general revenue account in the Treasury. 44. If special permission (license) issued or renewal is refused, the State revenue service, based on the consumer rights protection centre on the special permission (license) issued or refusal of renewal, repay his debt recovery service provider has paid the State fee in accordance with the law "About taxes and duties". VII. final question 45. provisions shall enter into force on February 1, 2013. Prime Minister v. dombrovsky Minister d. Pavļut Economy in the annex 1 of the Cabinet of Ministers of 29 January 2013 the Regulation No. 64 special permit application (license) to receive consumer protection Center 1. information on debt recovery service provider displays the recovery service provider name, surname/name (trade name) registration code/registration number in the trade register or an equivalent competent authority in practice site address/legal address debt recovery service address (s) phone number fax number e-mail address 2. Debt Recovery service provider contact person name name telephone number fax number e-mail address 3. details of payment of stamp duty stamp duty payer's first name, last name or the name of the payment date amount payment authority payment order assigned identification number 4. Debt Recovery service provider employees whose responsibilities include debt recovery first name, last name, social security number, first name, last name, social security number, first name, last name, social security number, first name, last name, social security number, name, surname, personal code 5. Please issue a special permit (license) debt recovery services in the Republic of Latvia of ____ ____ ____ of _____. ___ ___ ___ ___ ___ ___ _____ ___. Fill in if that debt recovery services to be launched no earlier than four months after the filed application for special permission (license). 6. I want to get the license (required mark with X): electronic document in the form of a paper document in the form of a 7. I certify that: 7.1. debt recovery service provider has been developed and attached to the application: 7.1.1. recovery of service rules that govern the recovery agenda, communication with debtors, debt recovery expenses make up their financial positions and the transcript; 7.1.2. consumer complaints; 7.2. debt recovery service provider staff to recover the debts, not penalized for intentional criminal offence for which the criminal law liability IX, XII, XIII, XIV, XV, XVI, XVII, XVIII and XX chapter, except if the criminal record has been deleted. 8. Appendix (required mark with X): statement of criminal or administrative convictions of the person's country of residence, the institution which maintains information on convictions in accordance with national law (if debt recovery service provider (person), or the Council or the Board or the pārstāvēttiesīg (if debt recovery service provider is a trader) is an alien), if it is not possible to obtain Ministry of Interior Information Center maintained the penalty register (hereinafter register of fines). Certificate issued no earlier than six months ago;  certificate of criminal record of the person's country of residence, the institution which maintains information on convictions in accordance with national laws, if debt recovery service provider employees whose responsibilities include debt recovery, is an alien and such information is not likely to get the penalty register. Certificate issued no earlier than six months ago;  debt recovery service rules that govern the recovery agenda, communication with debtors, debt recovery expenses make up their financial positions and the transcript;  consumer complaint handling procedures;  the mandate of the representative (if the application is lodged by the authorised representative);  other documents (specify) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (debt recovery service provider or its official name) (signature) (date) Note. Document properties "date" and "signature" does not fill in, if the electronic the document is drawn up according to the law on electronic document design. Economic Minister d. Pavļut in annex 2 of the Cabinet of Ministers of 29 January 2013 the Regulation No. 64 the consumer protection centre special permit (license) No. _____ debt recovery service provider name, surname/name (trade name) registration code/registration number in the trade register or an equivalent competent authority, legal address special permit (licence) issued debt recovery service in the Republic of Latvia of ____ ____ ____ of _____. ___ ___ ___ ___ ___ ___ ___ _____ based on consumer protection Center ____ ____ ____ of _____. ____ __ _____ _____ _____ _____ no _____ __________. Special permit (licence) valid until _____ ___ of __________. ___ ___ ___ ___ ___ ___ _____ ___.
Consumer Protection Center Director (name) (signature) Z.v. note. Document properties in the "signature" and "z.v." does not fill in, if the electronic document is drawn up according to the law on electronic document design. Economic Minister d. Pavļut in annex 3 of the Cabinet of Ministers of 29 January 2013 the Regulation No application to 64 amendments to the special permission (license) consumer protection Center recovery service provider name, surname/name (trade name) special permission (license) number registration code/registration number in the trade register or an equivalent competent authority registered office please take special permission (license) the following amendments: (mark with x required): authorized representative power of Attorney (if the application is lodged by the authorised representative);  other documents (specify) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (name) (signature) (date) Note. Document properties "date" and "signature" does not fill in, if an electronic document is drawn up according to the law on electronic document design. Economic Minister d. Pavļut in annex 4 of the Cabinet of Ministers of 29 January 2013 the Regulation No. 64 special permit application (license) for the renewal of consumer protection Center please reregister the special permission (license) debt recovery service in the Republic of Latvia of ____ ____ ____ of _____. ___ ___ ___ ___ ___ ___ _____ ___. 1. information on debt recovery service provider displays the recovery service provider name, surname/name (trade name) special permission (license) number registration code/registration number in the trade register or an equivalent competent authority, 2. Debt Recovery service provider contact name telephone number fax number e-mail address 3. details of payment of stamp duty stamp duty payer's first name, last name, or the name (business name) date of payment amount in the payment authority payment order assigned identification number 4. Want to get a special permission (licence) (mark with X required) : electronic document in the form of a paper document 5. Certify that: 5.1. debt recovery service provider has been developed: 5.1.1 debt recovery service rules that govern the recovery agenda, communication with debtors, debt recovery expenses make up their financial positions and the transcript; 5.1.2. consumer complaints; 5.2. debt recovery service provider staff to recover the debts, not penalized for intentional criminal offence for which the criminal law liability IX, XII, XIII, XIV, XV, XVI, XVII, XVIII and XX chapter, except if the criminal record has been deleted. 6. Annex (mark with X required): statement of criminal or administrative convictions of the person's country of residence, the institution which maintains information on convictions in accordance with national law (if debt recovery service provider (person), or the Council or the Board or the pārstāvēttiesīg (if debt recovery service provider is a trader) is an alien), if it is not possible to obtain Ministry of Interior Information Center maintained the penalty register (hereinafter register of fines). Certificate issued no earlier than six months ago;  certificate of criminal record of the person's country of residence, the institution which maintains information on convictions in accordance with national laws, if debt recovery service provider employees whose responsibilities include debt recovery, is an alien and such information is not likely to get the penalty register. Certificate issued no earlier than six months ago;  the mandate of the representative (if the application is lodged by the authorised representative);  other documents (specify) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (debt recovery service provider or its official name) (signature) (date) Note. Document properties "date" and "signature" does not fill in, if an electronic document is drawn up according to the law on electronic document design. Economic Minister d. Pavļut in annex 5 of the Cabinet of Ministers of 29 January 2013 the Regulation No. 64 special permit application (license) to cancellation the consumer protection centre, please cancel the special permission (license) with ____ ____ ____ of _____. ___ ___ ___ ___ ___ ___ _____ ___.
Debt recovery service provider name, surname/name (trade name) special permission (license) number registration code/registration number in the trade register or an equivalent competent authority in practice site address/legal address phone number fax number e-mail address (required mark with x): authorized representative power of Attorney (if the application is lodged by the authorised representative);  other documents (specify) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ (debt recovery service provider or its official name) (signature) (date) Note. Document properties "date" and "signature" does not fill in, if an electronic document is drawn up according to the law on electronic document design. Economic Minister d. Pavļut in