Cabinet of Ministers Regulations No. 1032 2008 in Riga on December 16th (Mon. 93 38) amendments to the Cabinet of Ministers of 11 December 2007 rules No. 865 "procedures are covered expenses and remuneration of the administrator of the insolvency process of a legal person from the State Agency" insolvency administration "for these purposes the funds assigned ' Issued in accordance with the insolvency law of article 182 and 183 of the eighth article of the fifth 1. make Cabinet 11 December 2007 rules No. 865" procedures are covered expenses and remuneration of the administrator of the insolvency process of a legal person from the State Agency "insolvency administration" allocation for these purposes "(Latvian journal , 2007, 202. no; 2008, nr. 34) the following amendments: 1. Express 1.1 the following: 1.1 "to cover the insolvency administrator and the insolvency practitioner costs the Treasury each month until the fifteenth and twenty-fifth day, up to the law on the State budget for the current year and a financial plan for the period in the same amount of revenue, including the General Public Sub 35.03.00 ' insolvency costs ' account of own revenue: 1.1 1.  100% of the business risk duty in the actual revenue amounts in the first quarter the balance;
1.1 2.  47% of business risk duty in the actual revenue the balance of the amount in the second, third and fourth quarters. "
1.2. to replace paragraph 2, the words "each satisfied the claims of employees" by the words "any employee who, in accordance with the decision of the administration of Insolvency are granted and disbursed funds to satisfy his claim from the employee claims guarantee fund";
1.3. to replace in paragraph 4, the words "newly appointed" with the word "next";
1.4. to supplement paragraph 6 after the words "for the refusal to grant the money" with the words "expenses";
1.5. make paragraph 8 by the following: ' 8. Insolvency administration After a decision on the allocation of funds to cover insolvency administration is entitled to recover the funds allocated. The administrator provides administration of insolvency proceedings to cover repayment of funds granted, having regard to the insolvency law of the procedures cover specific insolvency situation. ";
1.6. to replace paragraph 14 with the number "860" number "1100";
1.7. Express 17.1. subparagraph by the following: "17.1. submit the insolvency administration according to the laws and requirements of applications designed to meet the claims of the employees the employee claims guarantee fund;";
1.8. Express 18 as follows: "18. Application to cover the remuneration (annex 2), the administrator shall submit the insolvency administration within two months after the debtor's removal from the public record. The application shall be accompanied by the following documents: 18.1. creditors meeting a copy of the decision on the refusal to cover the compensation from the vendor (if it is meant to be a meeting of the creditors);
18.2. the creditors meeting a copy of the decision, which confirms the agreement on the remuneration of the administrators cover other natural or legal person (if it is meant to be a meeting of the creditors);
18.3. the vendor meeting a copy of the decision on approval;
18.4. the final meeting of creditors a copy of the decision on the outstanding remuneration;
18.5. the liquidation of the debtor and its opening balance sheet asset items, a copy of the transcript;
18.6. the liquidation of the debtor a copy of the closing balance;
11.6. a copy of a ruling on termination of the insolvency proceedings;
12.8. a copy of the decision of the register of enterprises of the debtor's exclusion from the public record;
11.7. the administrator of the taxpayer a copy of the registration certificate. ";
1.9. to supplement the rules by 18.1 points as follows: "this rule 18.1 18.1, 18.2, 18.3, 18.4, 18.5, 18.6 and 18.7.,. the documents referred to in the administrator does not add the application for reimbursement, if the documents are submitted to law notified body that organizes the insolvency register, specifying in the application the date of the submission of the document.";
1.10. to make 19, 20, 21, 22 and 23 of the following paragraph: "19. If the application is submitted to the consideration of these provisions 18. after expiry of the period referred to in paragraph 1, the administrator referred to in these provisions (including the remuneration of its outstanding, as well as additional remuneration for each employee in accordance with the decision of the administration of Insolvency are granted and disbursed funds to satisfy his claim from the employee claims guarantee fund).
20. the insolvency administration tried the one-month period following that rule 18 submission of documents referred to shall decide on the allocation of funds to cover the remuneration and the extent or the refusal to grant the money rewards.
21. If the change administrator, the debtor's insolvency in the Administration after the defeat of the public register shall decide on the remuneration referred to in these provisions (including the remuneration they cover, as well as additional remuneration for each employee in accordance with the decision of the administration of Insolvency are granted and disbursed funds to satisfy his claim from the employee claims guarantee fund) and its amount for every administrator, having regard to the rules referred to in paragraph 18 of the application submission deadline 21.1. the amount of remuneration: one insolvency procedure must not exceed this provision referred to in paragraph 14, the amount of remuneration and the remuneration of each administrator shall be determined by dividing the provisions referred to in paragraph 14, the amount of remuneration by the number of administrators who performed Admin duties;
21.2. If the administrator in the insolvency process is partially received the Insolvency Act 182. the remuneration provided for in article, but its size is less than this provision remuneration referred to in paragraph 14, the administrator is entitled to receive only the difference between the consideration received and the amount of that remuneration in accordance with the provisions of section 21.1 due from insolvency administration assigned for this purpose funds;
21.3. the insolvency administration decides on the rules referred to in point 16 of the payment of remuneration and rewards. Each administrator's remuneration shall be determined by dividing the provisions referred to in point 16 of amount of remuneration by the number of administrators who have made this provision referred to in paragraph 17 in the insolvency process.
22. the Administrator is not entitled to the remuneration referred to in these provisions (including the remuneration of its outstanding, as well as additional remuneration for each employee in accordance with the decision of the administration of Insolvency are granted and disbursed funds to satisfy his claim from the employee claims guarantee fund) from insolvency administration granted funds for this purpose if the administrator with the decision of the Court cancelled the duties of the administrator in insolvency law 22. the second paragraph of article 2. 3, 4, or 5 in the case provided for in paragraph or if the administrator certificate is revoked.
23. remuneration of insolvency administration assigned to cover the funds remitted to the administrator account. ";
1.11. to replace paragraph 6 of annex 2, the number and the word "14." with a number and the word "16".
2. the rules shall enter into force on 1 January 2009.
Prime Minister i. Godmanis Justice Minister g. Smith Editorial Note: regulations shall enter into force by 1 January 2009.