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Amendments To The Law On The Financial Instruments Market

Original Language Title: Grozījumi Finanšu instrumentu tirgus likumā

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The Saeima has adopted and the President promulgated the following laws: the law on the financial instruments market to make the law on the financial instruments market (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2004, no. 2; 2005, 10, 14; 2006, nr. 14. No; 2007, 10, 22 no; 2008, 13, 14, 23 no; 2009, 7., no. 22; Latvian journal, 2011, no 16; 2012, 56, 100, 186. no; 2013, 142, 193. no; 2014, 92. no; 2015, 124, 222. no; 115. in 2016, 31, no.) the following amendments: 1. Replace the words "the whole law the law on Certified Auditors" (the fold) with the words "the law" of the audit service (the fold). 2. Supplement article 3 1.1 part with paragraph 10 by the following: ' 10) the European Parliament and of the Council on 2014 16 April Regulation (EU) No 537/2014 regarding special requirements for statutory audits of public-interest bodies and repealing Commission decision 2005/909/EC (text with EEA relevance) (hereinafter Regulation No 537/2014) in cases provided for by the law of the audit services 37.5 article. " 3. Replace article 54 in the fifth paragraph, the words "which debt securities included in the" with the words "where the shares are admitted". 4. Turn off 54.1 article. 5. Supplement D of chapter Ii section with the following: "chapter Ii of article 55.2 of the Audit Committee. General requirements for the Audit Committee (1) a corporation of which the transferable securities are included in the regulated market (hereinafter in this chapter — the Corporation), establishing the Audit Committee. The Audit Committee operates according to this law and Regulation No 537/2014. (2) a corporation shall ensure the functioning of the Audit Committee the necessary financial and other resources, as well as the information requested by the Committee, it requires the performance of its task. 55.3 article. The tasks of the Audit Committee (1) the Audit Committee shall have the following tasks: 1) to monitor the Corporation's annual report and, if a corporation shall prepare consolidated accounts, the consolidated annual report-preparatory process and give the Corporation Council, but if the Corporation is not the Council, — its shareholders (participants) of the proposal to the meeting of the annual report and the consolidated annual report and the objectivity of credibility; 2) to monitor the Corporation's internal control, risk management and internal audit, the effectiveness of the system, in so far as it relates to the annual accounts and consolidated accounts and the reliability of objectivity, and to present proposals to the relevant system failures; 3) to monitor the Corporation's annual report and, if a corporation shall prepare consolidated accounts, the consolidated annual report audit (inspection). To monitor the audits referred to in this paragraph (inspection), the Audit Committee also takes account of the Ministry of Finance (as the competent authorities in accordance with the law of the audit service) audit service carried out the quality control requirements of the inspection (inspection) and the Ministry of Finance made the website online published conclusions about the Corporation's auditor or the appointed jury sworn auditor commercial companies (hereinafter also-sworn auditor) professional quality; 4) check and monitor, or corporations Chartered auditor appointed before the Corporation's annual report and, if a corporation shall prepare consolidated accounts, the consolidated annual report, prior to the commencement of the audit (inspection) and the time of the audit, the service complied with the statutory requirement of independence and impartiality, Regulation No 537/2014 6. the provisions of article about preparations for this audit (inspection) and risk assessment of independence and this regulation set out in article 5 of the audit (examination) of the non-prohibition of the provision of services; 5) inform the Council of the Corporation, but if the Corporation is not the Council, — its shareholders (participants) of a corporation's annual meeting to review and, if the Corporation shall prepare consolidated accounts, the consolidated annual report for audit (examination) of the sworn auditor's findings and provide views on how this audit (inspection) has contributed to the Corporation's annual report and the consolidated annual report for the credibility and objectivity, as well as inform What has been the role of the Audit Committee in the process; 6) provide a certified auditor candidate selection process, the Corporation, in accordance with Regulation No 537/2014 article 16 and to recommend the Corporation's shareholders (participants) the sworn auditor candidates meeting the audit service, except in accordance with the regulation referred to in article 16, paragraph 8 of the Corporation's shareholders (participants) the meeting has set up other bodies whose task is to give the Corporation's shareholders (participants) of the recommendation to the meeting of sworn auditors of the Corporation. (2) the Audit Committee are also subject to Regulation No 537/2014 Audit Committee tasks. 55.4 article. Rights of the Audit Committee (1) the Audit Committee under Regulation No 537/2014 rights have the following rights: 1), to request and receive from the Corporation and of the Board of sworn auditors, as well as from the internal audit service internal audit of the auditor or the controller of the Corporation (if any) the information and documents necessary for the Audit Committee to follow this law and Regulation No 537/2014 tasks; 2 participate in the Corporation's shareholders) (member) meetings; 3) give the Corporation's shareholders (participants) and Council meeting (if any) and reports on the competence of the Audit Committee. (2) the first subparagraph of paragraph 1 the said institutions, departments, and individuals have the obligation to provide the Audit Committee or its members information necessary for the performance of the tasks of this Committee, if requested by the Audit Committee in particular the information is relevant to this Committee's tasks. (3) the Audit Committee shall act independently in the context of the Act and regulation article 55.3 No 537/2014 it tasks. 55.5 article. In addition, the Audit Committee and the governing bodies of the capital company behaviour in connection with the annual report of the Audit Committee (1) in addition to this law, the tasks laid down in article 55.3 Audit Committee also carries out the following tasks: 1) not less than once a year gives the Corporation Council, but if the Corporation is not the Council, — its shareholders (participants) meeting a written report on its activities and the implementation of the tasks set for the Committee (hereinafter referred to as the Audit Committee's annual report); 2) reported to the Council of the Corporation, but if the Corporation is not the Council, — its shareholders (participants) meeting about deficiencies and irregularities found (if any) the Corporation's annual report and the consolidated annual report and audit (inspection) process, as well as internal control, risk management and internal audit, the effectiveness of the system in relation to the quality of this report; 3) shall immediately notify the Corporation, if it is established that the sworn auditor qualifications or professional experience is not sufficient in quality audit (inspection) or the sworn auditor noticed audit services statutory independence requirements. (2) If a corporation has, in its report to the Council in the Corporation's shareholders (participants), which the Council meeting shall be drawn up in accordance with article 175 of the commercial law, also include your assessment of the activities of the Audit Committee, as well as add to this report the annual report of the Audit Committee. (3) If the Corporation is not a Council, the annual report of the Audit Committee of the Corporation's shareholders look (member) meeting, whose agenda is for the Corporation's annual report and the consolidated annual report (if prepared) for which is provided in the annual report of the Audit Committee. (4) the Corporation Council, but if the Corporation is not the Council, — its shareholders (participants) have a duty as the meeting well and thoroughly master to assess the Audit Committee's annual report and decide on further action. 57.5 article. The Audit Committee composition and structure (1) the Audit Committee is a collegial body elected by the Corporation's shareholders (participants) of the meeting and which comprise at least three members, at least one of which is a Corporation Council (if one exists) and the other is a member of the Corporation's shareholders (participants) the meeting elected other members. (2) the Audit Committee in its activities and decision making are impartial and independent. Member of the Audit Committee fulfils its obligations in good faith and does not endanger the independence of the Audit Committee. (3) a majority of the members of the Audit Committee are independent. Member of the Audit Committee are independent, if not covered by any of the following circumstances: 1) participation (greater than 20 percent holding or voting shares) in a corporation or its controlled company (subsidiary company); 2) exists, or the last three years has been working relationship with the Corporation; 3) marriage, kinship or affinity up to the second degree with the Corporation's Board or shareholders (participants) that participation in the Corporation is not less than 20 per cent; 4) other personal or financial interest, which might endanger their independence and recognized as such by the Corporation's shareholders (participants) of the meeting. (4) The Member of the Audit Committee can only be legally competent physical person with impeccable reputation and not deprived of the right to do business. The person has a perfect reputation, if not subject to one of the following circumstances: 1) to the judgment of the Court or the Prosecutor's statement about the punishment, which entered into force and become the undisputed, is found guilty of an intentional criminal offence (whether criminal or removal of deletion); 2) person is called a criminally liable for intentional criminal offence, but a decision on termination of the criminal proceedings on a reabilitējoš basis. (5) the Audit Committee shall be: 1) Corporation Board Member, certified auditor, the Corporation provides audit services provided by the service, or for the last three years prior to appointment to a member of the Audit Committee, prokūrist or komercpilnvarniek of a capital company; 2) controlled company companies (subsidiaries) Board member or other person entitled to represent the company controlled (subsidiary company). (6) member of the Audit Committee may not delegate his duties to another person. (7) the majority of the members of the Audit Committee have the knowledge industry, running a corporation. At least one member of the Audit Committee is a graduate in economics, management or finance and not less than three years of relevant professional experience in the annual accounts and the consolidated annual report or the report of audit (inspection) or also the Member of the Audit Committee are sworn auditor. (8) a corporation's statutes may provide for additional restrictions or requirements of a member of the Audit Committee. 55.7 article. Election of the members of the Audit Committee and the withdrawal of (1) the Audit Committee is elected by the Corporation's shareholders (participants) in the meeting for a period of not more than three years. Corporations statutes may set a shorter Audit Committee activities (token). (2) a Person who stands for the Office of Member of the Audit Committee, declare in writing the consent of the members of the Audit Committee to take a position and indicates that for this person there is no article 57.5 of this law in the fourth and fifth parts of the said restrictive conditions and the statutes of the Corporation in addition to certain restrictive conditions (if any) that does not allow that person to occupy the Office of Member of the Audit Committee. The members of the Audit Committee the candidate that is directed as independent member of the Audit Committee, in addition to writing, to certify that they are not in one of this law, 57.5 referred to in the third subparagraph. (3) the Corporation's shareholder or shareholder group, which has no less than five percent of voting capital have the right to nominate one member of the Audit Committee nominee. Each of the members of the Audit Committee include the candidate in the elections of the members of the Audit Committee in the list. (4) voting takes place on all the listed members of the Audit Committee candidates in one vote, all shareholders (participants) voted at the same time. The Corporation's shareholders (members) are eligible to transfer all their votes for one or more of the listed members of the Audit Committee candidates in any proportion in whole numbers. (5) The Audit Committee shall elect the person who got the most votes, respecting the Corporation's statutory maximum number of members of the Audit Committee. If two or more members of the Audit Committee of the candidates an equal number of votes, and so cannot determine which of them will be considered elected, an issue viewed by repeatedly at the same shareholders (participants) meeting and decided by the shareholders (participants) the meeting repeated votes on each of these candidates, which continues to stand as a candidate for the Office of Member of the Audit Committee. For the election to be considered as this candidate who repeated vote won the largest number of votes. (6) member of the Audit Committee may at any time withdraw from a position with a corporation's shareholders (participants) of the meeting. (7) a member of the Audit Committee may at any time leave a member of the Audit Committee, on the written notification to the Corporation. (8) a member of the Audit Committee not later than three days from the date of the learned of the circumstances prevent him continuing to play a member of the Audit Committee or that threaten their independence, shall inform them in writing to the Corporation. If, after the first sentence of this paragraph that a written receipt of such information the Corporation finds that the Audit Committee no longer meets this law article 57.5 the third part, the Corporation shall ensure that, within three months from the date on which it has established an Audit Committee in compliance with this law, not article 57.5 of the third part, the shareholders shall be convened (member) meeting to decide on the necessary changes in the composition of the Audit Committee. (9) If an Audit Committee member leaves or is removed from Office before the Audit Committee (mandate) expires, the Corporation shall ensure that, within three months from the date of receipt of the notification, the Member of the Audit Committee, or from the date of posts left that it is withdrawn from the post, is being convened by shareholders (participants) to corporations meeting the shareholders (participants) would decide a new election of a member of the Audit Committee and the Audit Committee to ensure the appropriate number of its members. New members of the Audit Committee, the election shall be directly elected by all of the Audit Committee. Pārvēlēt of the Audit Committee (mandate) the period shall begin on the day of the election. (10) member of the Audit Committee (other than the Audit Committee elected Council member) may not be working in legal relations with the Corporation. The remuneration of a member of the Audit Committee shall determine a corporation's shareholders (participants) of the meeting. (11) a corporation of which the transferable securities on a regulated market are included for the first time, the Audit Committee shall be elected at the next shareholders ' meeting (member) what happens after the inclusion of transferable securities on a regulated market, unless on the day of its transferable securities on a regulated market are included, it's not appropriate to this law established the Audit Committee or equivalent body that correspond to this law, Audit Committee requirements. 55.8 article. Management and Audit Committee meetings (1) the Audit Committee shall be chaired by the Chairman of the Audit Committee shall elect the members of the Audit Committee members. (2) in the absence of the Chairman of the Audit Committee after his writing presented the guidelines replaced by another Member of the Audit Committee. (3) the Audit Committee meets at least three times a year. (4) the right to request an Audit Committee meeting has the convening of each Member of the Audit Committee, as well as to the Council of the Corporation (if any) and the Corporation's shareholders (participants) meeting, stating the need for convening the meeting and its purpose. Article 34.7. The members of the Audit Committee's responsibility (1) If a member of the Audit Committee is acting illegally, violating its mandate or does not comply with the law, the articles or the shareholders of a Corporation (the members) meeting decisions or acts maliciously or negligently, he shall be responsible for the loss, which thus caused to the Corporation and other parties. (2) a corporation against the members of the Audit Committee may be brought pursuant to the procedure prescribed in the commercial law regarding the requirements of the public. Article 55.10. Non-disclosure of information requirements (1) a member of the Audit Committee are prohibited from disclosing to third parties the information entrusted to him or become known, the performance of the members of the Audit Committee's duties, including the protection of business secrets. Member of the Audit Committee is responsible for any such information, including trade secrets, unlawful disclosure of information obtained in the performance of his duties and is not distributed to the public. (2) leaving a member of Audit Committee, Member of the Audit Committee is obliged to release all documents in possession of the Corporation (the legal force of law), placed at his disposal or which he himself prepared for the performance of the members of the Audit Committee's duties, as well as in connection with the performance of the duties referred to him and the saved information (including that which is stored on your computer or electronic data media). The Corporation has the obligation of members of the Audit Committee received documents and information transfer Audit Committee, ensuring that this document and the information content of the permanence of that time until they passed to the Audit Committee. (3) the first paragraph of this article the prohibition on audit committees the Member shall also apply after he left the Office of Member of the Audit Committee. 55.11 article. Special provisions concerning the operation of the Audit Committee (1) the Corporation that corresponds to this law, in article 1, first paragraph, the criteria of paragraph 33, the tasks of the Audit Committee may fulfil the Corporation Council (if one exists). (2) the decision on the functions of the Audit Committee will discharge the Corporation Council, acceptable to the shareholders of a Corporation (the members) meeting. For the transfer of the functions of the Audit Committee of the Corporation Council, requires the consent of all the members of the Council to fulfil the tasks of the Audit Committee also. (3) If a corporation in which the tasks of the Audit Committee comply with the Corporation's Board, is the Board of the Corporation, pārvēlēt shareholders (participants) the meeting of the Council at the election to decide the issue of whether the Audit Committee's tasks be entrusted to the newly elected Board. In this case, requires all newly elected members of the Board consent to perform the tasks of the Audit Committee also. Decisions referred to in this part, a corporation's shareholders of record (members) meeting minutes. (4) a corporation may not create the Audit Committee if: 1) it manages the investment fund, which works according to the laws of the investment management company, or alternative investment fund, which works according to the alternative investment fund managers and law; 2 its only business is) an asset-based securities, of which the European Commission Regulation No. 809/2004 article 2, paragraph 5. In this case, the Corporation shall publish on its homepage on the internet information that the Audit Committee is not created. If a corporation decides that it is not necessary for the tasks of the Audit Committee to put the Corporation's supervisory authority, the Corporation also publishes information on its homepage on the internet; 3) it is registered in the Republic of Latvia and in accordance with the laws of the Republic of Latvia and if it is created for the equivalent audit committee structure that complies with this law, Audit Committee requirements. In this case, the Corporation shall notify in writing to the financial and capital market Commission which carried out the body of a corporation referred to in article 55.3 of this law and what is its personnel; It is a group of 4) (consolidation group) subsidiary company controlled by its parent company and the Group (consolidation group) level structure Audit Committee tasks, this law provides in article 55.2 55.3 55.4 in the third subparagraph of article 57.5 for the first, second, third, fifth and seventh paragraph, in the second paragraph of article 55.7, 55.8 in the first paragraph and 55.11 referred to in the first paragraph, as well as the requirements of Regulation No. 537/2014 article 11 paragraphs 1 and 2, and article 16, paragraph 5 of the requirements. On the Group's (consolidated Group) subsidiary of the parent company also believes any of this group (consolidation groups) subsidiaries subsidiaries. " 6. Supplement article 56 for the first part of paragraph 5 with the following: "5), if the financial statements in accordance with this law, the requirements of article 56.3 Corporation is obliged to prepare such a statement and that statement is prepared as a separate document." 7. in article 56.2: make the second paragraph, the introductory paragraph as follows: "(2) the statement of corporate governance provide a sufficiently clear, precise and extensive information about the way in which a corporation is managed, on the recommendation of the corporate governance and representative of the Corporation, including the capital structure and the persons who own the shares, the Corporation the shares of which are admitted to trading on a regulated market, that communication shall include the following information:"; Express 3 and the second subparagraph of paragraph 4 by the following: "3) If a corporation does not apply to individual corporate governance principles, recommendations, of which principles are not applied, and the reasons for such action, is sufficiently clear, precise and widely explained: a) the reason for not applying for each specific principle does not apply, the likely consequences and the way in which a decision on the application of this principle does not, b) when scheduled to launch a specific application of the principle If this point "a" referred to in the decision relates to a limited period of time, c) in what way the measure taken in application of the principle of a specific site (if such existed), reached this principle or the corporate governance recommendations (which included this principle) or promote good corporate governance in the Corporation; 4) If a Corporation generally does not apply to corporate governance recommendations, reasons therefor; " Add to the second part of paragraph 8 with the following: "8) If a Corporation implemented a policy for the Corporation's governing body member of diversity (diversity policy), a description of the objectives, measures and implementation of the results of the financial year. '; Add to article 2.1 part as follows: "(21) of part two of this article 8 shall not apply to this article a corporation referred to in the second subparagraph, which in the first year, when it emerged as the issuer within the meaning of this law, but starting with the second year when it become the issuer within the meaning of this law, for two consecutive years (both the current and the previous reporting year) does not exceed two of the following criteria : 1) average number of employees: 250; 2) total assets on the balance sheet date — 20 000 000 euro; 3) annual net turnover (net sales) — 40 000 000 euro. "; replace the seventh paragraph, the words "and the second part of paragraph 5" with the words and figures "part two, paragraph 5 and 8". 8. To supplement the law with 56.3 56.4 56.5 article, and by the following: ' article 56.3. No financial statement (1), the Corporation, whose transferable securities are included in the regulated market, if the Corporation's first year, when it emerged as the issuer within the meaning of this law, but starting with the second year when it become the issuer within the meaning of this law: two years in a row (both the current and the previous reporting year) average number of employees that exceeds 500 and total assets on the balance sheet date exceeds the 20 000 000 euro or annual net turnover (net sales) exceeded 40 000 000 euro is this law a duty referred to in article 56. Management report does not include a financial statement. (2) in so far as this is necessary for the understanding of the first paragraph of this article of Corporation development, operating results and financial position, as well as on its commercial activities impact on the environment, social and personnel related aspects, human rights and anti-corruption and bribery prevention measures (hereinafter referred to as corporate social responsibility), not the financial statement shall provide at least the following information: 1 a corporation's business model) a brief description, which may include general information about the Corporation's main economic activities and geographic market , partners, customers, and the most important resources, use expense and income streams and other commercial activities targeted information; 2) a description of the Corporation's policies, which it exercised in respect of corporate social responsibility, including a description of the procedures introduced in the capital to ensure adequate attention to this policy implementation process; 3) information about this part of the policy referred to in paragraph 2 for the implementation of the results; 4) with details of the main corporate social responsibility-related risks, which are inherent in the Corporation's business, and, when it is relevant and proportionate to the risks arising from the business of the Corporation within the legal transactions concluded or are associated with the goods produced or services rendered and which can lead to negative consequences for corporate social responsibility, as well as on how the Corporation manages these risks; 5 the main non-financial indicators) that is specific to the particular Corporation and the industry in which it operates. (3) the financial statements shall also include Not references to the financial statement value and the additional explanations for them, if the amount in the financial statements is related to any of the Corporation's corporate social responsibility. (4) to provide information on corporate social responsibility, referred to in the first paragraph of the Corporation can be used or of the Republic of Latvia to the European Union or the United Nations, the Organisation for economic cooperation and development, the International Labour Organization, the International Organization for Standardization, or other documents issued by the international organization included in the guidelines or recommendations (Latvia, European Union or other international organisations issued documents include guidelines or recommendations). Management report indicating which Latvia, European Union or other international organisations issued documents include guidelines or recommendations to the Corporation is used. (5) If this in the first paragraph that the Corporation will not implement policies with regard to one or more of the corporate social responsibility, financial statement provides a clear and reasoned justification, why do not. (6) in exceptional cases referred to in the first paragraph of a corporation may not provide information about the event, which is expected to close in the accession year or for the negotiation process existing questions, if both of the following conditions: 1) this Corporation's Board in a written report to the shareholders of a Corporation (a) shall provide to the meeting for an explanation of the circumstances in which the provision of this information seriously detrimental to the business of the Corporation; 2) that the failure to provide information is not an obstacle to clear understanding about the development of a capital company, operating results, financial position and its business impact on corporate social responsibility. (7) in the first paragraph that the Corporation is exempt from the obligation to include in the management report for the financial statement, if not it does not prepare the financial statements as a separate document, which provides the information in this article is not according to the financial statement requirements, and it shall be published, together with a management report as part of the annual report. (8) If the first paragraph of this article of Corporation financial statement is not included in the management report or prepared as the seventh part of this article, the individual referred to in the document, it is released from the preparation of the annual report in the laws governing specific obligations in relation to certain non-financial indicators and analysis management report. (9) the first paragraph of this article of the Corporation that is the Group's (consolidated Group) subsidiary company is exempted from the obligation to prepare a financial statement, if not in this communication, the information to be included in the parent company consolidated management report or individual document drawn up in the light of the provisions of this article, and if the consolidated management report or a separate document has been made public of this law in accordance with the procedure laid down in article 64.2. (10) the sworn auditor checks whether non-financial statement has been drawn up, as well as whether or not the financial statements are included in the management report or the seventh of this article referred to the separate document, but this article is the ninth in the case referred to in the financial statement or of a preparation exempted Group (consolidation group) subsidiary non-financial information to be provided in the notice is included in the Group's (consolidated Group) of the parent the consolidated management report or individual document drawn up in the light of the provisions of this article. 56.4 article. The consolidated non-financial statement (1), the Corporation, whose transferable securities are included in the regulated market and is the Group's (consolidated Group), the parent company of which the first year of operation when this parent company become an issuer within the meaning of this law, but starting with the second reporting year when that parent company become the issuer within the meaning of this law: two years in a row (both the current and the previous reporting year) average number of employees that exceeds 500 and total assets on the balance sheet date exceeds the 20 000 000 euro or the consolidated annual net turnover (net turnover) consolidated more than 40 000 000 euro, are bound in the consolidated management report includes the consolidated non-financial statement. (2) in so far as this is necessary for the understanding of the first paragraph of this article of the Group (consolidation team) development, operating results and financial position, as well as on its commercial impact on corporate social responsibility, not in the consolidated financial statement provides information about the Group (consolidation group) in General, the application of this law article 56.3 second and fourth parts of the rules. (3) If the first paragraph of this article, the Group (Consolidation) does not implement the policy with regard to one or more of the corporate social responsibility, not in the consolidated financial statements give a clear and reasoned justification, why do not. (4) the consolidated non-financial statement shall also include references to the consolidated financial statement value and the additional clarifications on those consolidated financial statements if the amount relates to one of the Group's (consolidated Group) corporate social responsibility. (5) in exceptional cases referred to in the first paragraph of the Group (Consolidation) the parent company may not provide information about the events, which are expected to close membership year, or in the negotiation process issues relating to corporate social responsibility, if both of the following conditions: 1) the Management Board of the parent a written report to the shareholders of the parent () meeting provides an explanation of the circumstances in which the provision of the information referred to in this group seriously detrimental (consolidation group) business; 2) that the failure to provide information is not an obstacle to clear understanding about the Group's (consolidated Group) development, operating results, financial position and business impact on corporate social responsibility. (6) the first paragraph of this article of the Group (Consolidation) the parent company not included in the consolidated management report consolidated financial statements, not if this statement is prepared as a separate document, providing information according to the second, third, fourth and fifth paragraphs of the consolidated non-financial statement requirements, and it shall be published, together with a management report consolidated annual accounts as a component. (7) If the first paragraph of this article of the Group (consolidation group), the parent company of the consolidated financial statement is not included in the consolidated management report or prepared as a sixth paragraph of this article, the individual referred to in the document, it is exempt from the annual accounts and the consolidated annual report of the laws governing specific obligations in relation to certain non-financial reporting and analysis of indicators in its management report and the consolidated management report. (8) the first paragraph of this article of the Group (consolidation group), the parent company of which is another group (the other consolidation group) subsidiary company is exempted from the obligation to prepare consolidated financial statements, not if the information (both on the parent company and its subsidiary companies) is included in the other group (another consolidation group) of the parent the consolidated management report or in a separate document prepared the consolidated non-financial statement drawn up in the light of the provisions of this article, and if the consolidated management report or a stand-alone document prepared consolidated financial statements have not been made public of this law in accordance with the procedure laid down in article 64.2. (9) the sworn auditor checks is not prepared the consolidated financial statements, as well as whether this notice is included in the consolidated management report or the sixth part of this article in a separate document, but this article is the eighth in the case referred to in — or from the consolidated financial statement preparation not released the Group's (consolidated Group) of the parent the consolidated non-financial information to be provided in the notice is included in another group (the other consolidation group) of the parent the consolidated management report or individual document drawn up in the light of the provisions of this article. 56.5 article. On the annual accounts and the consolidated annual report and the person responsible for the distribution of the annual report and, if a corporation has a duty to prepare consolidated accounts, the consolidated annual accounts are drawn up in accordance with the requirements of this law, as well as for the dissemination of this report in accordance with the procedure laid down in this Act is the responsibility of the Corporation's Board. " 9. Replace article 66, second paragraph, the number and the word "with" in paragraph 4, the number and the word "the" in paragraph 5. 10. Replace the third subparagraph of article 81 in the last sentence of the first subparagraph, the words "with the words" fourth part ". 11. Supplement article 129.1 from the ninth subparagraph by the following: "(9) the Commission may authorize an investment firm which executes investors ' orders for transactions in financial instruments to hold financial instruments in its own name (to take in the name of the obligations and risks arising from financial instruments positions), if the following conditions are met: 1) for the following positions in financial instruments the reason is only the investment firm's failure to combine mutual investors ' orders; 2) such financial position total market value does not exceed 15 per cent of the investment brokerage firm's initial capital; 3) investment brokerage company executive regulation (EU) no 575/2013, 93, 92 and 95. Article 94 and fourth requirements set out in part; 4 the following financial instruments) positions are casual and temporary, and they exist only for the time necessary to perform these transactions with financial instruments. " 12. in article 148: replace the introductory paragraph of the sixteenth, part one "the numbers 54, 56, 57, 57.2" with numbers "54, 56, 57, 56.3, 56.4 57.2, 57.3"; Supplement to the eighteenth article as follows: "(18) if the person has not complied with this law, 55.5 55.2, 55.3, 57.5, 55.7, or 55.8 55.11 article, the Commission is entitled to apply for one or more of the following sanctions or supervisory measures: 1) warn; 2) publish the Commission's home page on the internet a public statement indicating the person responsible for the infringement and the nature of the infringement; 3) require that the person responsible for the infringement ceases the activity; 4) fix the provisional prohibition of the Corporation Council or the Executive Board, who is responsible for the infringement in question, for a period of up to three years to meet their obligations to the Corporation; 5) impose a corporation to fines of up to 10 percent from the previous year's net sales amount. If 10 percent of the previous year's net sales amount is less than 142 300 euro, the Commission is entitled to impose a fine of up to € 142 300 6) impose for infringement of the responsible natural person a penalty of up to one million euros. " 13. Article 150: make the title and first paragraph as follows: "article 150. Sanctions and supervision measures (1) the Commission, disclosure of information about sanctions and monitoring measures which persons applied for this law 148. the infringements referred to in article, on its home page on the internet, showing the particulars of the person and of the infringement, as well as administrative acts issued by the Commission and adopted draft decision. "; Add to 2.1 part after the word "the" with the words "the seventeenth and the eighteenth"; replace the fourth subparagraph, the words "the fifteenth and seventeenth part" with the words "the fifteenth, seventeenth, and eighteenth in the part"; to supplement the article with the sixth part as follows: "(6) the Commission shall, within five working days from the date of the decision shall inform the Ministry of Finance on sanctions and monitoring measures applied on this law, article 148 eighteenth referred to violations." 14. transitional provisions be supplemented by the following paragraph 58:58. "this law article 56, first paragraph, point 5, second subparagraph article 56.2 of the introductory paragraph and paragraphs 3 and 4, expressed in a new editorial, point 8 of the second paragraph, and the amendment 2.1 the seventh part, 56.3 56.4 56.5, and article and Amendment 148 article sixteenth (liability for non-compliance in relation to the financial statements and consolidated financial statement not) apply to the annual accounts and consolidated annual accounts starting with 2017. annual report (reporting year beginning January 1, 2017, or 2017. the calendar year). " 15. Add to the informative reference to directives of the European Union with 36 and 37 as follows: ' 36) the European Parliament and of the Council on 2014 2014 16 April directive/56/EU, amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts (text with EEA relevance); 37) the European Parliament and of the Council on 2014 October 22/95/EU directive in 2014, amending Directive 2013/34/ES for a certain group of large companies and non-financial information disclosures and diversity (text with EEA relevance) ". The law shall enter into force on January 1, 2017. The Parliament adopted the law in 2016, on 15 December. The President r. vējonis Riga 2016 29 December