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The Order In Which The State Corporation And Private Corporation To The Public, In Which The State Is A Member (Shareholder), Predicts And Detects The Dividends Paid Profit Payments To The State Budget For State Capital

Original Language Title: Kārtība, kādā valsts kapitālsabiedrības un publiski privātās kapitālsabiedrības, kurās valsts ir dalībnieks (akcionārs), prognozē un nosaka dividendēs izmaksājamo peļņas daļu un veic maksājumus valsts budžetā par valsts kapitāla izmantošanu

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Cabinet of Ministers Regulations No. 806 in 2015 (on 22 December. No 68 56) procedure for public corporations and private corporations to the public, in which the State is a member (shareholder), predicts and detects the dividends paid profit payments to the State budget for state capital Issued in accordance with the law on budget and financial management of the second paragraph of article 5 and the public people's capital shares and enterprises management law of article 28 of the sixth part i. General issues down 1. : 1.1. procedures for national corporations in the public and private corporations in that State is a member (shareholder) (collectively, the companies), predictable and identifiable part of the profit to be paid dividends; 1.2. disposal of the holder of the shares, using participants (shareholders) of the right to decide on dividends paid profit; 1.3. the arrangements are made and credited to the State budget payments for the use of State capital, as well as their extent. 2. the objective is to ensure that the Corporation's dividends paid profit is predicted and defined according to the principles of good corporate governance, thus contributing to the national capital companies invested or managed in the State capital of higher returns and the Corporation's overall strategic objectives. 3. the minimum expected profit share payable dividends and dividends paid profit share is 50% of the Corporation's net profit, if according to the provisions of chapter II of the corporations activities over the medium term strategy (the strategy) is not otherwise specified.
II. Procedures for determining the predicted profit payable dividends 4. Corporation, developing public people's capital shares and enterprises Management Act (hereinafter the Act), the strategy includes a proposal for the predictable profit payable dividends (in money terms and as a percentage of the predicted net profit for the entire duration of the strategy, but not more than seven years), taking into account paragraph 3 of these regulations or other legislation those conditions. 5. The Cabinet of Ministers after the State capital share holder substantiated proposal to the cabinet order can authorise the Corporation strategy different expected dividends paid profit (as a percentage of the predicted net profit) than that specified in paragraph 3 of these regulations or other legislation. 6. the national capital, the holder shall submit to the Cabinet of Ministers in paragraph 5 of these rules in the proposal, the order of the Cabinet of Ministers and the initial impact assessment report (abstract) (abstract). Annotations include: 6.1. assessment of it, or gets all the business support intrinsic signs and the dividend reduction qualifies as commercial support; 6.2. If the decrease in dividends qualifies as commercial support, – assessment of: 6.2.1 a business aid is compatible with the internal market, indicating the applicable European Union legislation that justify such compatibility; 6.2.2. the need to comply with the transmission of information or submission of the notification obligation of the European Commission on the planned dividend reduction; 6.3. at least one of the following grounds: 6.3.1 justified economic grounds if: 6.3.1.1. given the scope of the Corporation, its financial position and financial alternatives for fundraising, you need a strategy to anticipate long-term investments the Corporation's overall strategic objectives, financial and non-financial objectives; 6.3.1.2. the need to prevent threats to the Corporation, or a corporation of the State of the managed state capital for sustainable development and the competitiveness of the Corporation; 6.3.2. in specific cases, to ensure that the European Union or the Republic of Latvia laws or international agreements binding for Latvia is specified, the Corporation has a duty to report in future years to implement measures to promote the Corporation's activities according to the quality and availability of services, the provision of which the need to invest in additional financial resources, or reduce the tariff of the service users. 7. This provision of the proposal referred to in paragraph 5 and the draft order of the Cabinet of Ministers of public shareholders in line with the steering body. 8. in paragraph 5 of these rules in this case, the public shareholders or Board (if any) the Corporation strategy approved after the Cabinet adopted the Ordinance.
III. National shareholders action, deciding on dividends paid profit 9. public shareholders to ensure that the members (shareholders) meeting not later than two months after the Corporation's annual report, decide on dividends payable to the profit percentage of the Corporation's net profit according to the Corporation's strategy. 10. Article 28 of the law on the third case referred to, taking into account the provisions of paragraph 11 of the above conditions, public shareholders dividends payable in a proposal for profit (in percent of the net profit of the Corporation), which is different from the Corporation's strategy, within five working days after the Corporation's approval of the annual report submitted to the Ministry of finance and the coordination body. 11. national shareholders shall provide the Ministry of finance and the institution of this coordination rule proposal referred to in paragraph 10 and the order of the Cabinet of Ministers and the annotation, if: 11.1. it is necessary to increase the dividends paid profit, state capital share holder is found to: 11.1.1 Corporation is not taken or not taken in the planned and later in the year under review does not make the capital investments and the question of their implementation was examined before the Cabinet of Ministers; 11.1.2. the legislation of the Corporation are repealed the obligation to carry out a certain task or achieve the objectives set out above, or set tasks to decrease the volume; 11.2. it is necessary to cut the dividends paid profit, public shareholders in finding that: 11.2.1. actions of the Corporation as a result of circumstances or events because of an emergency situation has occurred where the actual consequences and the Corporation's strategy for the implementation of the objectives set out in the Corporation's possession need to leave financial dividends paid profit (fully or partially); 11.2.2. the Corporation from its independent circumstances made the capital investment and the question of their implementation was examined before the Cabinet of Ministers, but the specific capital investment Corporation intends to carry out during the year under review; 11.2.3. payment of dividends to the extent forecast may compromise the Corporation's financial stability; 11.2.4. in specific cases, to ensure that the European Union or the law of the Republic of Latvia, Latvia binding international agreements, the Corporation has a duty to report in future years to implement measures to promote the Corporation's activities according to the quality and availability of services, the provision of which the need to invest in additional financial resources, or reduce the tariff of the service users; 11.2.5. part of the profit gained by the Corporation's long-term contribution to the converter. 12. This rule 11.2. cases referred to the public shareholders of annotation include this provision in paragraph 6.1 and 6.2 if necessary. the assessment referred to in point and at least one of the following grounds: 12.1. economic justification if, taking into account the scope of the Corporation, its financial position and financial alternatives for fundraising, necessary to make long-term investments in the Corporation's overall strategic objectives, the strategy set out in the financial and non-financial objectives;

12.2. in specific cases, to ensure that the European Union or the law of the Republic of Latvia, Latvia binding international agreements, the Corporation has a duty to report in future years to implement measures to ensure that the need to invest in additional financial resources, to facilitate the activities of the Corporation for the service of the improvement of quality and accessibility, and (or) reduced tariff of the service users. 13. the provisions of paragraph 10 Of the above proposal in the State capital share holder in the month following the submission of the proposal agreed with the Finance Ministry and the coordinating institution. 14. If the public shareholders of this provision within the period referred to in paragraph 13, does not agree with the Ministry of finance and the steering body of the submitted proposals, the Steering Body under the law shall be submitted to the Cabinet of Ministers information report and relevant cabinet order. The Cabinet decision is binding on the State capital share holder. 15. national capital holder shall ensure that the provisions of paragraph 13 and 14 in the cases referred to in paragraph members (shareholders) meeting takes a decision on dividends payable to the profit percentage of the Corporation's net profit a month from the date agreed with the Finance Ministry and the coordinating body or the Cabinet of Ministers adopted a national capital holder binding decision.
IV. Arrangements are made and credited to the State budget payments for the State Capital Corporation Board 16(1) within 10 working days of the members (shareholders) decision on dividends paid profit the State revenue service informed about: 16.1.  the Corporation's members (shareholders) meeting date when the Corporation was approved in the annual report; 16.2. the Corporation's members (shareholders) meeting date when decision on dividends paid profit; 16.3. the Corporation's share capital (total investment amount), national capital (investment), profit, State piekritīgaj dividends and the date to which the dividend will be credited to the State budget. 17. The Corporation provides that the Board of the Corporation dividends paid to the Treasury account specified within 10 working days after the Corporation's members (shareholders) meeting decision on dividends paid profit, if the contract for the formation of a capital company or the statutes set out another dividend payout deadline. 18. The Cabinet of Ministers after public shareholders a substantiated proposal may decide on dividend payments, but the extension of the current year, no later than December 20. Public shareholders the proposal for dividend contributions extension shall be submitted to the Cabinet, adding the Finance Ministry's opinion on state capital share holder dividends contributions extending the period of validity. 19. If dividends are not paid by the Corporation, by the fault of the national budget and deadline, the State revenue service calculates the delay on behalf of the State and the law is enforced. 20. The State revenue service provides the obligations in this section follow.
V. closing question 21. Be declared unenforceable in the Cabinet of 15 December 2009 Regulation No 1471 "procedures are identified and credited to the State budget to be profit on government capital" (Latvian journal, 2009, 200. no; 2010, 189. No; 117. no; in 2011, 2012, 2013, 202. no; 233.181, no. 2014, 60, 241;. no). The Prime Minister is the Minister of Finance of Rashness Newsletters site – Minister of Foreign Affairs Edgar a Rinkēvič