Financial and capital market Commission Regulation No 273 in Riga on 21 December 2012 (financial and capital market Commission Council meeting No. 46. p.) The insolvency practitioner of the credit institution and the liquidator of candidate selection rules Issued in accordance with the public administration Act, article 72 of the equipment of the first paragraph of point 2 i. General questions 1. "credit the insolvency practitioner and the liquidator of candidate selection rules" (hereinafter-the rules) determines the order in which: 1.1. Financial and capital market Commission (hereinafter the Commission) a credit institution shall assess the insolvency practitioner candidate's compliance with the law of credit institutions to the requirements of article 131.1 according to article 374 of the Civil Procedure Act, first paragraph, the candidate selected and recommended to the Court; 1.2. the Commission assesses the nominee of the liquidator of the credit institution's compliance with the law of credit institutions to the requirements of article 131. According to the law of civil procedure, article 377 of the provided for in the second subparagraph and shall suggest to the candidate selected for the Court. 2. The rules are binding on the Commission and the responsible legal licensing and supervision Department of Department employees involved in the credit institution's insolvency practitioner and the Office of liquidator of candidates, those requirements and candidate referred to in the Act on the Court. 3. a decision on a credit institution's insolvency administrator or liquidator candidate proposing approval of the Court adopted the Commission's Governing Council. 4. A credit institution's insolvency administrators and the liquidators in the nominee selection process, the Commission works closely with the Latvian certified insolvency practitioner Association (hereinafter the Association of Administrators), the State Agency "insolvency administration" (hereinafter insolvency administration), the Latvian Council of sworn advocates (hereinafter referred to as the Bar Council) and the Latvian Association of sworn auditors (Auditors ' Association). II. The credit institution's insolvency administrator selection procedures 5. every calendar year not later than 31 March to the Commission in writing: 5.1 Administrator Association asked to give priority to prepare the possible insolvency of the credit institution administrator candidate (insolvency administrator) list, which includes a maximum of three credit institutions to the insolvency practitioner and the candidate is prepared taking into account the additional candidates for education and professional activities driving a company insolvency processes pursuant to this insolvency proceedings volume and complexity, the resources available to the candidate the insolvency practitioner and the candidate during the last two years of the professional activities carried out compliance with laws and regulations; 5.2. the Auditors for Association asked to give priority to prepare the possible insolvency of the credit institution administrator candidate (certified auditor company) list, which includes a maximum of three credit institutions to the insolvency practitioner and the candidate is prepared taking into account the certified auditor commercial companies during the last two years of the professional activities carried out compliance with laws and regulations, professional company insolvency proceedings, subject to the insolvency proceedings volume and complexity Certified Auditor of the company, the resources available to the insolvency process, the ability to work the tension increased and certified auditor company profits and turnover. The Commission asked, preparing the possible insolvency of the credit institution administrator posts a list of candidates for the certified auditor commercial companies to State parties, which could be authorised under the law of credit institutions to the second subparagraph of article 131.1. 6. Due to the need to recommend to credit institutions the Court the insolvency practitioner's candidacy, the Commission shall send a written request for information to the insolvency administration, asking for information about all of the Administrators Association credit institutions proposed by the insolvency practitioner candidate and a certified auditor company specified persons made their regulatory actions for infringement of the laws and their nature, as well as other information that is held by the administrators and the nature of the professional activity of the person. 7. Due to the need to recommend to credit institutions the Court the insolvency practitioner's candidacy, the Commission invites the first of the credit institution to negotiate the insolvency practitioner's candidates for the Office of the Administrator and Auditor for the Association an Association of priority created the potential insolvency of the credit institution administrator candidate lists. During the negotiations, the Commission may request credit institutions to the insolvency practitioner candidate writing or orally provide their vision on possible measures to credit institutions for the conduct of the insolvency proceedings. 8. If a credit institution's insolvency administrator selection process established by any regulations laid down the legal barriers that prevent a person to perform the insolvency practitioner of the credit institution, the Commission, the person concerned from preclude selection procedures and calls for an interview the next candidate from the Administrator and Auditor for the Association an Association of priority created the potential insolvency of the credit institution administrator candidate lists. 9. Before the adoption of the decision on the choice of a credit institution's insolvency practitioner candidate proposing to the Court of the Commission, within its capabilities, ensure that the candidate is not found in the law of credit institutions article 132.1 those limitations, and please put candidate submit article 374 of the code of civil procedure of the fourth part of the credit institution given in the insolvency administrator signed the Declaration, which confirms his consent to enter into and assume statutory responsibility. 10. in the light of the information provided by the administration of the insolvency of the credit institution, the insolvency practitioner candidate for negotiations carried out by credit institutions to the insolvency practitioner candidate for violation of any laws, the experience of the company in the conduct of insolvency proceedings under the insolvency process in scale and complexity, and the resources available to the candidate the insolvency process, the Commission recommends that the appropriate credit to the Court the insolvency practitioner candidate. III. Credit institutions the liquidator's selection procedures 11. every calendar year not later than 31 March to the Commission in writing: 11.1. the Council is requested to submit a lawyer prepare the credit institution may designate a liquidator (Attorney), the list of potential candidates for the Office of a liquidator of the credit institution with information about the life of the College, Attorney qualifications obtained points, existing disciplinary measures, and whether the person in addition to sworn lawyer qualification is awarded to the insolvency practitioner's certificate; 11.2. the Administrator of the Association asked to give priority to prepare the credit institution may designate a liquidator (the insolvency practitioner who is sworn lawyers) list, which includes a maximum of three credit institutions and candidates for the Office of liquidator is drawn up, taking into account the additional candidates for education and professional activities, conducting public insolvency processes pursuant to this insolvency proceedings volume and complexity, the resources available to the candidate the insolvency practitioner and the candidate's ability to work increased tension; 11.3. the Auditors for Association asked to give priority to prepare the credit institution may designate a liquidator (Certified Auditor) list, which includes a maximum of three credit institutions and candidates for the Office of liquidator is drawn up, taking into account the certified auditor in the last two years of the professional activities carried out compliance with laws and regulations, professional company in liquidation proceedings, subject to the amount of the salvage process and complexity of sworn auditors of the resources available to ensure the process of winding the ability to work increased tensions, a candidate for education (for natural persons) and profits and turnover (certified auditor commercial companies). The Commission requested the preparation of a credit institution may designate liquidators list of certified auditor commercial companies to State parties, which could be authorised under article 131 of the law of credit institutions to the second part. 12. on the basis of information provided by the Bar Council on the possible candidate of the liquidator of the credit institution with the aim of establishing a post of the liquidator of the credit institution's list of candidates in order of preference with no more than three candidates, the Commission, with the participation of representatives of the Bar Council candidates make a draw. 13. Due to the need to recommend to the Court candidate of the liquidator of the credit institution, the Commission shall send a written request for information to the insolvency administration, asking for information about all of the Bar Council and the Administrator of the Association of credit institutions proposed candidate of the liquidator and certified auditor company designated authorized person at the insolvency practitioner, committed to the legislation governing offences and their character, as well as other information that is held by the administrators and the professional activities of the person. 14. Due to the need to recommend to the Court to designate a liquidator of the credit institution, the Commission invites the first of the credit institution for an interview candidates for the Office of a liquidator of the Administrators Association, the Association of Auditors and lawyers ' Council in accordance with the provisions of paragraph 12 of the established priority of the credit institution may designate a liquidator lists. During the negotiations, the Commission may request credit institutions to designate a liquidator in writing or orally provide their vision of the potential of the measures to the plan of liquidation of the credit institution. 15. If credit institutions in the selection process of the liquidator are found in the laws and regulations in any particular legal obstacles that prevent the person to perform the functions of the liquidator of the credit institution, the Commission, the person concerned from preclude selection procedures and calls for an interview the next candidate from the Administrator, Auditor of the Association and of the Association of the Bar Council in accordance with the provisions of paragraph 12 of the established priority of the credit institution may designate a liquidator lists. 16. before taking a decision on the choice of candidate for the liquidator to the Court the Commission proposing, within its capabilities, ensure that the candidate is not found in the law of credit institutions referred to in article 132 of the constraints, and asked for a signed declaration of the liquidator of the credit institution, which confirms his consent to enter into and assume statutory responsibility. 17. in the light of the information provided by the administration of the insolvency of the credit institution, the liquidator of the candidate interviews, the liquidator of the credit institution, the nominee of any violation of the laws of nature, experience the company liquidation management pursuant to the winding-up of the scale and complexity of the process and resources available to the candidate of the liquidation process, the Commission recommends that the appropriate credit to the liquidator the Court candidate. Financial and capital market Commission President k. Zakuli States