Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
22 March 2012 [shall come
into force on 25 April 2012];
16 May 2013 [shall come into force on 18 June
2013];
28 April 2022 [shall come into force on 31 May 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Financial Conglomerates Law
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) regulated commercial company - a credit institution
authorised in a Member State, an insurance undertaking, a
reinsurance undertaking, an alternative investment fund manager,
an investment management company, or an investment firm;
2) sectoral rules - legal provisions included in the
laws and regulations governing the supervision of regulated
commercial companies and in the directly applicable legal acts of
the European Union;
3) financial sector - a sector made up of commercial
companies and mixed financial holding companies within the credit
institution sector, insurance sector, and investment services
sector regardless of whether the respective commercial companies
are located in one or more countries;
4) credit institution sector - a sector in which one or
more of the following commercial companies operate:
a) a credit institution;
b) a commercial company, other than a credit institution or
financial institution, the primary activity of which is property
management, operation of data-processing systems, or similar
ancillary activity which supplements, extends, or promotes
operation of one or several credit institutions;
c) a financial institution within the meaning of the Credit
Institution Law;
5) insurance sector - a sector in which one or more of
the following commercial companies operate:
a) an insurance undertaking;
b) a reinsurance undertaking;
c) an insurance undertaking holding company;
6) investment services sector - a sector in which one
or more investment firms and other financial institutions within
the meaning of the Credit Institution Law operate;
7) holding - the fact that any commercial company
directly or indirectly owns at least 20 per cent of the equity
capital or the number of stocks (shares) with voting rights of a
commercial company;
8) group - a group of commercial companies that
consists of a parent company, its subsidiaries, commercial
companies in which the parent company or subsidiary has holding,
or commercial companies the link of which with the parent
company, subsidiary, or company in which the parent company or
subsidiary has holding, manifests itself in common management of
such companies in accordance with the concluded contract or
provisions of the documents of incorporation or articles of
association of such commercial companies, or in the fact that
during the financial year at least half of the members of any
management body are the same persons. The group of commercial
companies can contain any sub-group;
9) mixed financial holding company - a parent company,
other than a regulated commercial company, which, together with
its subsidiaries out of which at least one is a regulated
commercial company that has its legal address in a Member State
and other commercial companies, constitutes a financial
conglomerate;
10) Member State - a country of the European Economic
Area;
11) supervisory authority - an authority to which a
Member State has delegated the supervisory function over credit
institutions, insurance undertakings, reinsurance undertakings,
alternative investment fund managers, investment management
companies, or investment firms regardless of whether this
authority has been established on the basis of law or performance
of such function has been delegated thereto by a State
administration institution;
12) intra-group transactions - all transactions in
performing of which the regulated commercial companies within the
group directly or indirectly rely on the fact that other
commercial companies within the same group or any natural or
legal person closely linked to the commercial companies of that
group will fulfil its liabilities regardless of whether they have
arisen on the basis of a contract or other grounds, and also
regardless of whether payment is or is not intended for the
fulfilment of such liabilities;
13) risk concentration - all exposures the potential
losses of which may pose a threat to the solvency or financial
position of regulated commercial companies within the financial
conglomerate. Such exposures may be related to exposure credit
risk (including counterparty risk), investment risk, insurance
risk, market risk, other risks, combinations or interaction of
such risks;
14) entity at the head of the financial conglomerate -
a parent company of the financial conglomerate or, if the
financial conglomerate does not have a parent company, a
regulated commercial company within the financial conglomerate
with the largest amount of assets in the largest financial
sector;
15) coordinator - an authority that performs
supplementary supervision of the regulated commercial companies
within the financial conglomerate provided that the regulated
commercial companies within a single financial conglomerate are
located in several Member States;
16) significant supervisory authority - a supervisory
authority that conforms to one of the following requirements:
a) it is responsible for the consolidated supervision of the
regulated commercial company (in particular the ultimate parent
companies of the sector) within the financial conglomerate;
b) it acts as a coordinator;
c) it is recognised as a significant supervisory authority by
the authorities referred to in Sub-clauses "a" and "b" of this
Clause by taking into account the market share of the regulated
commercial companies within the financial conglomerate (in
particular if it exceeds five per cent) and significance, within
the financial conglomerate, of any regulated commercial companies
within the financial conglomerate that carry out commercial
activity in a relevant Member State.
[16 May 2013; 28 April 2022 / See Paragraph 2 of
Transitional Provisions]
Section 2. The purpose of the Law is to promote the
protection of interests of clients of the regulated commercial
companies within the financial conglomerate and stability of the
financial and capital market.
Section 3. (1) The following commercial companies
within the financial conglomerate shall be subject to the
supplementary supervision within the financial conglomerate:
1) regulated commercial companies which are parent companies
of the financial conglomerate and which have their legal address
in a Member State;
2) regulated commercial companies the parent company of which
is a mixed financial holding company that has its legal address
in a Member State;
3) regulated commercial companies which are linked to another
commercial company within the financial sector if the link
manifests itself in common management of the companies in
accordance with a contract entered into or the document of
incorporation, or provisions of the articles of association of
such commercial companies, or in the fact that during the
financial year at least half of the members of any management
body are the same persons;
4) investment management companies;
5) alternative investment fund managers.
(2) The regulated commercial companies within the financial
conglomerate the parent company of which is a regulated
commercial company or a mixed financial holding company that has
its legal address outside the Member States shall be subject to
the supplementary supervision within the scope and in accordance
with the procedures laid down in Section 23 of this Law.
(3) If a person (a group of mutually associated persons) has
holding in one or more regulated commercial companies or it has a
possibility to influence (rather than control) financial and
operating policies of one or more regulated commercial companies,
the legal address of such regulated commercial companies is in
Latvia, and they conform to Section 4, Paragraph one, Clauses 2
and 3 of this Law, the Financial and Capital Market Commission
shall decide whether and to what extent such regulated commercial
companies are to be subject to supplementary supervision as if
the relevant commercial companies formed the financial
conglomerate.
(4) If a person (a group of mutually associated persons) has
holding in one or more regulated commercial companies or it has a
possibility to influence (rather than control) financial and
operating policies of one or more regulated commercial companies,
the legal address of such regulated commercial companies is in
several Member States one of which is Latvia, and these regulated
commercial companies conform to Section 4, Paragraph one, Clauses
2 and 3 of this Law, the Financial and Capital Market Commission
shall, by common agreement with significant supervisory
authorities, decide whether and to what extent such regulated
commercial companies are to be subject to supplementary
supervision as if the relevant commercial companies formed the
financial conglomerate.
[16 May 2013]
Chapter II
Determination of the Financial Conglomerate
Section 4. (1) The financial conglomerate shall be
deemed a group or a sub-group which concurrently meets the
following criteria:
1) the group or sub-group is managed by a regulated commercial
company that is a parent company of a commercial company
operating in the financial sector or of a commercial company
which is closely linked to any commercial company within the
financial sector;
2) at least one of the commercial companies within the group
or sub-group operates in the insurance sector and at least one of
them - in the credit institution sector or investment services
sector;
3) the activity of commercial companies which operate in the
insurance sector and of commercial companies which operate in the
credit institution sector and investment services sector and
which are within the group or sub-group is significant within the
meaning of Section 5 or 6 of this Law.
(2) The financial conglomerate shall also be deemed a group or
a sub-group which is not managed by a regulated commercial
company if at least one of the subsidiaries within the group or
sub-group is a regulated commercial company and the group or
sub-group meets the criteria specified in Paragraph one, Clauses
2 and 3 of this Section and operate mainly in the financial
sector within the meaning of Paragraph three of this Section.
(3) A group operates mainly in the financial sector if the
proportion of assets of its regulated and non-regulated
commercial companies in the financial sector exceeds 40 per cent
in total assets of all commercial companies within the group.
(4) In order to avoid sudden changes in supervisory regime, it
shall be deemed that a group operates mainly in the financial
sector for three more years after the indicator referred to in
Paragraph three of this Section has fallen below 40 per cent
unless it falls below 35 per cent.
(5) If all regulated commercial companies within the financial
conglomerate are located in Latvia, the Financial and Capital
Market Commission may, within the period specified in Paragraph
four of this Section, take the decision no longer to deem that
the group operates mainly in the financial sector if it does not
meet the criterion established in Paragraph three of this
Section.
(6) If regulated commercial companies within the group have
legal addresses in different Member States one of which is
Latvia, and the Financial and Capital Market Commission acts as a
coordinator, it may, within the period specified in Paragraph
four of this Section, upon agreement with other significant
supervisory authorities, take the decision no longer to deem that
the group operates mainly in the financial sector if it does not
meet the criterion established in Paragraph two of this
Section.
(7) If a financial conglomerate is a sub-group of another
financial conglomerate which meets the criteria of Section 3,
Paragraph one of this Law, the requirements of Chapter III and
Sections 20, 21, and 22 of Chapter IV of this Law shall be
applied only to the regulated commercial companies which are part
of the abovementioned other financial conglomerate.
[16 May 2013; 28 April 2022 / Amendment regarding the
replacement of the words "Financial and Capital Market
Commission" with the words "Latvijas Banka" shall come into force
on 1 January 2023 and shall be included in the wording of the Law
as of 1 January 2023. See Paragraph 1 of Transitional
Provisions]
Section 5. (1) The activity of commercial companies
within the group in the insurance sector shall be significant if
the indicator which is calculated as the average value of the
following two values exceeds 10 per cent:
1) the proportion of the total assets of commercial companies
within the group in the insurance sector in the total assets of
all commercial companies within the group in the financial
sector;
2) the proportion of the solvency capital requirements of
commercial companies within the group in the insurance sector in
the total capital requirements of all commercial companies within
the group in the financial sector.
(2) The activity of commercial companies within the group in
the credit institution sector and investment services sector
shall be significant if the indicator which is calculated as the
average value of the following two values exceeds 10 per
cent:
1) the proportion of the total assets of commercial companies
within the group in the credit institution sector and the
investment services sector in the total assets of all commercial
companies within the group in the financial sector;
2) the proportion of the capital requirements of commercial
companies within the group in the credit institution sector and
the investment services sector in the total capital requirements
of all commercial companies within the group in the financial
sector.
(3) A financial sector of the financial conglomerate that has
the lowest indicator specified in Paragraph one or two of this
Section shall be deemed the smallest financial sector, while a
financial sector of the financial conglomerate that has the
highest indicator shall be deemed the largest financial sector.
In determining the smallest and the largest financial sectors,
the credit institution sector and the investment services sector
shall be deemed a single financial sector. An investment
management company manager or an alternative investment fund
manager shall be part of the financial sector in which it
operates within the group. If the investment management company
manager or alternative investment fund manager operates in
several financial sectors within the group, it shall be part of
the smallest financial sector.
(4) In order to avoid sudden changes in supervisory regime,
the activity of a group in the insurance sector or credit
institution sector and investment services sector shall be deemed
significant for three more years after the average indicators
referred to in Paragraph one or two of this Section have fallen
below 10 per cent but not below 8 per cent.
(5) If all regulated commercial companies within the financial
conglomerate are located in Latvia, the Financial and Capital
Market Commission may, within the period specified in Paragraph
four of this Section, take the decision no longer to deem that
the activity of the group in the insurance sector or credit
institution sector and investment services sector is significant
if the relevant group does not meet the criteria established in
Paragraph one or two of this Section.
(6) If regulated commercial companies within the group have
legal addresses in different Member States one of which is
Latvia, and the Financial and Capital Market Commission acts as a
coordinator, it may, within the period specified in Paragraph
four of this Section, upon agreement with other significant
supervisory authorities, take the decision no longer to deem that
the activity of the group in the insurance sector or credit
institution sector and investment services sector is significant
if the relevant group does not meet the criteria established in
Paragraph one or two of this Section.
(7) The capital requirements referred to in this Section shall
be calculated in accordance with the rules for the relevant
sectors.
(8) In exceptional cases, the Financial and Capital Market
Commission shall replace the indicator of total assets in the
calculations referred to in Paragraphs one and two of this
Section and Section 4, Paragraph three of this Law with the
indicators of income of the regulated commercial companies within
the group, their total assets under management or total
off-balance sheet activities if such indicators are significant
by taking into account the objectives of supplementary
supervision specified in this Law.
(9) If regulated commercial companies within the group have
legal addresses in different Member States one of which is
Latvia, and the Financial and Capital Market Commission acts as a
coordinator, it may take the decision specified in Paragraph
eight of this Section by common agreement with other significant
supervisory authorities.
[16 May 2013; 28 April 2022 / Amendment regarding the
replacement of the words "Financial and Capital Market
Commission" with the words "Latvijas Banka" shall come into force
on 1 January 2023 and shall be included in the wording of the Law
as of 1 January 2023. See Paragraphs 1 and 2 of Transitional
Provisions]
Section 6. (1) If the activity of a group in the
insurance sector or credit institutions sector and investment
services sector is not significant within the meaning of Section
5, Paragraph one or two of this Law, the activity of the group in
the insurance sector or credit institution sector and investment
services sector shall also be deemed significant if total assets
of the smallest financial sector of the group exceed EUR 6
billion.
(2) If total assets of the smallest financial sector of the
financial conglomerate fall below the value specified in
Paragraph one of this Section, for the purpose of avoiding sudden
changes in supervisory regime, the activity of the group in the
insurance sector and credit institution sector, and investment
services sector shall be deemed significant for the three
following years if total assets of the smallest financial sector
of the group exceed EUR 5 billion.
(3) If all regulated commercial companies within the financial
conglomerate are located in Latvia, the Financial and Capital
Market Commission may, within the period specified in Paragraph
two of this Section, take the decision no longer to deem that the
activity of the group in the insurance sector and credit
institution sector, and investment services sector is significant
if the relevant group does not meet the criterion established in
Paragraph one of this Section.
(4) If regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, it may, within the period
specified in Paragraph two of this Section, upon agreement with
other significant supervisory authorities, take the decision no
longer to deem that the activity of the group in the insurance
sector and credit institution sector, and investment services
sector is significant if the relevant group does not meet the
criterion established in Paragraph one of this Section.
(5) If the activity of a group in the insurance sector or
credit institutions sector and investment services sector is not
significant within the meaning of Section 5, Paragraph one or two
of this Law but it is deemed to be significant within the meaning
of Paragraph one of this Section and all regulated commercial
companies within the financial conglomerate are located in
Latvia, the Financial and Capital Market Commission may take the
decision not to recognise the group as a financial conglomerate
or allow the requirements of Sections 15, 16, and 17 of this Law
not to be applied if it is not required to apply supplementary
supervision to the group or application thereof would be
misleading by taking into account the objectives of supplementary
supervision specified in this Law.
(6) If regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, it may take the decisions
specified in Paragraph five of this Section by common agreement
with other significant supervisory authorities.
(7) The procedures referred to in Paragraph five of this
Section for recognising a group of commercial companies as a
financial conglomerate shall also be applied if the activity of
the group in the insurance sector or credit institution sector
and investment services sector is significant within the meaning
of Section 5, Paragraph one or two of this Law but total assets
of the smallest financial sector of the group do not exceed EUR 6
billion.
(8) A decision which has been taken in accordance with
Paragraph five or seven of this Section shall be notified to the
supervisory authorities of such Member States where the regulated
commercial companies within the group have obtained the licence.
The Financial and Capital Market Commission shall immediately
publish the decision on its website. If it is not possible in an
emergency situation to immediately publish the decision on the
website, the Financial and Capital Market Commission shall
publish the decision as soon as possible.
[22 March 2012; 16 May 2013]
Section 7. The calculations referred to in Sections 4
and 5 of this Law shall be made on the basis of a balance sheet
total of the commercial companies within the group which is drawn
up by taking into account annual statements of the commercial
companies. The balance sheet total shall include balance sheets
of a parent company and subsidiaries in full amount and balance
sheets of such commercial companies in which there is holding in
proportion to the share of the group in the equity capital of a
commercial company. Where possible, consolidated annual
statements of the commercial companies within the group shall be
used instead of the balance sheet total.
Section 8. (1) The Financial and Capital Market
Commission shall identify all groups which include regulated
commercial companies to which the Financial and Capital Market
Commission has issued the licence and which meet the criteria of
the financial conglomerate established in Section 4 of this
Law.
(2) In identifying the groups referred to in Paragraph one of
this Section, the Financial and Capital Market Commission shall
cooperate with the supervisory authorities of such Member States
that have issued the licence to the regulated commercial
companies within the group.
(3) The Financial and Capital Market Commission shall inform
the Joint Committee of the European Supervisory Authorities of
regulated commercial companies to which the Financial and Capital
Market Commission has issued the licence and which are within the
group that could be recognised as a financial conglomerate but on
the conformity of which with the criteria of the financial
conglomerate there is a lack of information, and shall also
inform supervisory authorities of the Member States that have
issued the licence to other regulated commercial companies within
this group.
(4) Upon recognition of the group as a financial conglomerate,
if all regulated commercial companies within the financial
conglomerate are located in Latvia or if the regulated commercial
companies within the group have legal addresses in different
Member States one of which is Latvia, the Financial and Capital
Market Commission shall, if acting as a coordinator, inform the
entity at the head of the financial conglomerate and supervisory
authorities of such Member States that have issued the licence to
the regulated commercial companies within the financial
conglomerate or where a mixed financial holding company has its
legal address, and also inform the Joint Committee of the
European Supervisory Authorities of the fact that the specific
group has been recognised as a financial conglomerate and that it
acts as a coordinator.
[22 March 2012; 16 May 2013]
Section 9. (1) The Financial and Capital Market
Commission:
1) in the cases specified in Section 14, Paragraph one of this
Law, need not take into account any of the regulated commercial
companies within the group when determining that the activity of
the group in the insurance sector or credit institution sector
and investment services sector is deemed to be significant. If
such regulated commercial company within the group has changed
its state of registration from a Member State to a foreign state
in order to avoid being included in the calculation of capital
adequacy, the Financial and Capital Market Commission shall not
apply the provision referred to in the first sentence of this
Clause;
2) for the purpose of avoiding sudden changes in supervisory
regime, may subject the commercial companies within the group to
the supplementary supervision specified in this Law for three
more years after the group no longer meets the criteria of a
financial conglomerate established in this Law as a result of
substantial changes in the structure of the group;
3) need not take into account one or more holdings in the
smallest financial sector if such holdings are significant to
recognise the group as a financial conglomerate but at the same
time insignificant to impose supplementary supervision to the
regulated commercial companies within the financial
conglomerate;
4) shall, on an annual basis, reassess waivers of the
application of supplementary supervision and shall review the
quantitative indicators determined in this Law and risk-based
assessments applied to financial groups.
(2) If regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, it shall propose taking the
decision specified in Paragraph one of this Section upon
agreement with all significant supervisory authorities.
[16 May 2013]
Chapter III
Supplementary Supervision of Regulated Commercial Companies
within the Financial Conglomerate
Section 10. (1) Supplementary supervision of regulated
commercial companies within the financial conglomerate shall
include the following:
1) coordination of the collection and dissemination of
information necessary for supplementary supervision;
2) assessment and control of financial situation of the
financial conglomerate;
3) supervision of conformity with the requirements for capital
adequacy, risk concentration, and intra-group transactions within
the financial conglomerate;
4) assessment of the structure, organisation, and internal
control system of the financial conglomerate;
5) planning and coordination of supervision in cooperation
with other supervisory authorities of the Member States;
6) fulfilment of other duties and implementation of measures
assigned to the coordinator in accordance with this Law, taking
of decisions, or carrying out of other activities pertaining to
the application of this Law.
(2) The Financial and Capital Market Commission shall perform
supplementary supervision of the regulated commercial companies
within the financial conglomerate if all regulated commercial
companies within the financial conglomerate are located in Latvia
or if the regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator according to the criteria
established in Section 11 of this Law.
(3) If the regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, it shall, together with other
significant supervisory authorities and, where applicable, other
supervisory authorities of the Member States agree on
coordination of activities, the process of taking the decisions
specified in this Law, and the additional tasks assigned to the
Financial and Capital Market Commission.
(4) If during fulfilment of the obligations specified in this
Law the Financial and Capital Market Commission requires
information which, according to the information at its disposal,
has already been provided to any of the supervisory authorities
of the Member States, the Financial and Capital Market Commission
shall request the relevant information from this supervisory
authority to avoid a situation where commercial companies within
the financial conglomerate provide the same information to
several authorities.
(5) The Financial and Capital Market Commission has the right
to request any information from the commercial companies within
the financial conglomerate that is necessary for the performance
of the supplementary provision specified in this Law, and the
commercial companies within the financial conglomerate shall be
obliged to provide the request information within the time
periods set by the Financial and Capital Market Commission.
(6) In order to ensure the fulfilment of the requirements of
this Law regarding cooperation with supervisory authorities of
other Member States and foreign supervisory authorities, and also
the fulfilment of the requirements of this Section and Section 20
of this Law, the Financial and Capital Market Commission, if it
is the coordinator, shall, in conformity with the procedures for
the performance of exchange of restricted information between
supervisory authorities and with the requirements of the directly
applicable legal acts of the European Union, cooperate and agree
on the coordination of activities through the establishment of
colleges of supervisors, and also conclude cooperation agreements
with foreign supervisory authorities on the coordination of the
activities referred to in Paragraph three of this Section, the
decision-making process, and the assigned additional
responsibilities according to the supervision of the operation of
credit institutions at the level of a consolidation group and the
supervision of a group of insurance and reinsurance companies in
accordance with the requirements of the laws and regulations
governing the operation of the relevant sector.
[16 May 2013; 28 April 2022 / Amendment regarding the
replacement of the words "Financial and Capital Market
Commission" with the words "Latvijas Banka" shall come into force
on 1 January 2023 and shall be included in the wording of the Law
as of 1 January 2023. See Paragraphs 1 and 2 of Transitional
Provisions]
Section 11. (1) The Financial and Capital Market
Commission shall act as a coordinator in the following cases:
1) it has issued the licence to a regulated commercial company
at the head of the financial conglomerate;
2) the parent company of the financial conglomerate is a mixed
financial holding company and only one of its subsidiaries is a
regulated commercial company, and this regulated financial
company has been issued the licence by the Financial and Capital
Market Commission;
3) the parent company of the financial conglomerate that has
its legal address in Latvia is a mixed financial holding company
and a parent company of several regulated commercial companies
out of which at least one has been issued the licence by the
Financial and Capital Market Commission;
4) the financial conglomerate has several parent companies -
mixed financial holding companies out of which at least one has
its legal address in Latvia, and the Financial and Capital Market
Commission has issued the licence to the regulated commercial
company of the financial conglomerate in the largest financial
sector or to the regulated commercial company with largest total
assets if several regulated commercial companies operate in the
same financial sector;
5) the parent company of the financial conglomerate is a mixed
financial holding company that has its legal address in one of
the Member States and its subsidiaries are regulated commercial
companies that have legal addresses in other Member States, and
the Financial and Capital Market Commission has issued the
licence to the regulated commercial company with the largest
total assets in the largest financial sector;
6) the financial conglomerate is a group without the parent
company and also in other cases not referred to in this Paragraph
if the Financial and Capital Market Commission has issued the
licence to the regulated commercial company with the largest
total assets in the largest financial sector.
(2) The Financial and Capital Market Commission may, upon
agreement with other significant supervision authorities and
taking into account the structure of the financial conglomerate
and significance of its activity in each Member State, designate
a coordinator without respecting the criteria established in
Paragraph one of this Section. In this case, the financial
conglomerate has the right to express its opinion prior to
designation of the coordinator.
[16 May 2013]
Section 12. (1) The procedures for supplementary
supervision laid down in this Law shall not affect the
supervision provided for in the rules for sectors which is
performed by the Financial and Capital Market Commission.
(2) Application of the supplementary supervision to the
regulated commercial companies within the financial conglomerate
shall not mean that the Financial and Capital Market Commission
is to individually supervise mixed financial holding companies,
commercial companies within the financial conglomerate other than
regulated commercial companies, or regulated commercial companies
not registered in Latvia.
Section 13. (1) Own funds of the financial conglomerate
for which the Financial and Capital Market Commission acts as a
coordinator shall not be smaller than the own funds requirement
of the financial conglomerate which is calculated in accordance
with the provisions for the calculation of capital adequacy
issued by the Financial and Capital Market Commission.
Non-regulated commercial companies in the financial sector shall
calculate the contingent capital requirement in accordance with
the rules for the relevant financial sector.
(2) All regulated commercial companies within the financial
conglomerate shall be responsible for the provision of own funds
of the financial conglomerate to the extent specified in
Paragraph one of this Section.
(3) A regulated commercial company which is a parent company
of the financial conglomerate, a mixed financial holding company,
or another regulated commercial company within the financial
conglomerate on which the Financial and Capital Market Commission
has, after consulting the financial conglomerate, imposed the
obligation to provide a calculation of own funds of the financial
conglomerate and its adequacy and information used for the
calculation, shall submit this calculation and information once a
year to the Financial and Capital Market Commission in accordance
with its provisions.
(4) If regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, when determining the regulated
commercial company which submits the calculation of own funds of
the financial conglomerate and its adequacy and the information
used for the calculation, the Financial and Capital Market
Commission shall consult significant supervisory authorities if
the obligation to provide the calculation of own funds of the
financial conglomerate and its adequacy and the information used
for the calculation is imposed on such regulated commercial
company within the financial conglomerate that has legal address
outside Latvia.
Section 14. (1) The Financial and Capital Market
Commission, if acting as a coordinator, shall allow that the
calculation of capital adequacy does not include a commercial
company within the financial conglomerate if:
1) the commercial company is located in a country other than a
Member State and there are legal impediments in this country to
the transfer of the necessary information;
2) the commercial company is insignificant by taking into
account the objectives of supplementary supervision of the
regulated commercial companies within the financial conglomerate
which have been specified in this Law;
3) inclusion of the commercial company in the calculation of
capital adequacy of the financial conglomerate would be
inappropriate or misleading by taking into account the objectives
of supplementary supervision of the regulated commercial
companies within the financial conglomerate which have been
specified in this Law.
(2) If several commercial companies within the financial
conglomerate conform to Paragraph one, Clause 2 of this Section
but they are significant when taken together, the Financial and
Capital Market Commission may not exclude them from the
calculation of capital adequacy by taking into account the
objectives of supplementary supervision of the regulated
commercial companies within the financial conglomerate which have
been specified in this Law.
(3) Prior to deciding not to take into account any commercial
company within the financial conglomerate in the calculation of
capital adequacy of the financial conglomerate in accordance with
Paragraph one, Clause 3 of this Section, the Financial and
Capital Market Commission shall consult other significant
supervisory authorities.
(4) If, in the cases referred to in Paragraph one, Clauses 2
and 3 of this Section, when laying down the procedures for the
calculation of capital adequacy of the financial conglomerate,
the Financial and Capital Market Commission allows not to take
into account any regulated commercial company, the entity at the
head of the financial conglomerate has an obligation, upon
request of the supervisory authority of such Member State, to
provide information which is necessary for it to perform the
supervision of this regulated commercial company.
[28 April 2022 / Amendment regarding the replacement of the
words "Financial and Capital Market Commission" with the words
"Latvijas Banka" shall come into force on 1 January 2023 and
shall be included in the wording of the Law as of 1 January 2023.
See Paragraphs 1 and 2 of Transitional Provisions]
Section 15. (1) The entity at the head of the financial
conglomerate or another regulated commercial company within the
financial conglomerate which has been designated by the Financial
and Capital Market Commission upon consultation with the
financial conglomerate shall, once a year, notify it of each case
of significant risk concentration in the financial conglomerate
and submit information necessary for evaluating exposure
concentration.
(2) Risk concentration within the financial conglomerate shall
be deemed significant if exposures of a regulated commercial
company with one person (a group of mutually associated persons)
exceed 10 per cent of the own funds of the regulated commercial
company.
(3) If the entity at the head of the financial conglomerate is
a mixed financial holding company, the rules for sectors
regulating risk concentration in the largest financial sector
shall be applicable to such company.
(4) In assessing the total concentration of exposures within
the financial conglomerate, the Financial and Capital Market
Commission may impose quantitative restrictions on risk
concentration in respect of the financial conglomerate for which
the Financial and Capital Market Commission acts as a
coordinator.
(5) If regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, the Financial and Capital
Market Commission shall consult other significant supervisory
authorities when designating the regulated commercial company
which notifies it of each case of significant risk concentration
within the financial conglomerate and submits information
necessary for the assessment of the concentration of
exposures.
Section 16. (1) The entity at the head of the financial
conglomerate or another regulated commercial company within the
financial conglomerate which has been designated by the Financial
and Capital Market Commission upon consultation with the
financial conglomerate, shall, once a year, inform it of all
significant intra-group transactions made by the regulated
commercial companies within the financial conglomerate.
(2) An intra-group transaction shall be deemed significant if
the volume thereof exceeds five per cent of the own funds of the
financial conglomerate.
(3) In assessing intra-group transactions of the financial
conglomerate, the Financial and Capital Market Commission may
impose quantitative restrictions on mutual transactions of the
regulated commercial companies within the financial conglomerate
for which it acts as coordinator.
(4) If the entity at the head of the financial conglomerate is
a mixed financial holding company, the rules for sectors
regulating intra-group transactions within commercial companies
of the largest financial sector shall be applicable to such
company.
(5) If the regulated commercial companies within the financial
conglomerate have legal addresses in different Member States one
of which is Latvia, and the Financial and Capital Market
Commission acts as a coordinator, when determining the regulated
commercial company which notifies the Financial and Capital
Market Commission of all significant intra-group transactions of
the financial conglomerate, the Financial and Capital Market
Commission shall consult other significant supervisory
authorities if the obligation to notify of all significant
intra-group transactions of the financial conglomerate is imposed
on such regulated commercial company within the financial
conglomerate that has legal address outside Latvia.
Section 17. (1) The entity at the head of the financial
conglomerate for which the Financial and Capital Market
Commission acts as a coordinator shall develop and introduce risk
management processes and an internal control system at the level
of the financial conglomerate.
(2) The risk management processes shall involve the
following:
1) development, approval, and periodic review of the
operational strategy and policy;
2) development of the capital adequacy policy in order to
measure the impact of the business strategy on risks and ensure
that the capital requirements laid down in the provisions of the
Financial and Capital Market Commission are respected;
3) development of the relevant procedures for the risk
monitoring within the financial conglomerate and implementation
of measures to ensure uniform risk monitoring systems in all
commercial companies subject to supplementary supervision and to
assess, manage, and control risks at the level of the financial
conglomerate;
4) establishment of a proper mechanism and keeping it up to
date in order to, where applicable, develop and implement a plan
for the recovery and termination of activity of the financial
conglomerate.
(3) The internal control within the financial conglomerate
shall be ensured by the following:
1) the procedures enabling to identify, assess, and manage all
material risks and determine the amount of own funds appropriate
to the risks;
2) the accounting procedures enabling to identify, assess,
supervise, and control intra-group transactions and risk
concentration within the financial conglomerate, and the
reporting procedures.
(4) The Financial and Capital Market Commission shall, in
conformity with the requirements for the supervision of the
activity of credit institutions and insurance activity, control
the adequacy of the risk management process and the introduction
of such internal control system that allows to obtain data and
information necessary for supplementary supervision in the
commercial companies that are subject to supplementary
supervision in accordance with Section 3 of this Law and are part
of financial conglomerates for which the Financial and Capital
Market Commission acts as a coordinator.
(5) The entity at the head of the financial conglomerate for
which the Financial and Capital Market Commission acts as a
coordinator shall immediately inform the Financial and Capital
Market Commission of any changes in the legal, management, and
organisational structure of the financial conglomerate, including
all regulated commercial companies, non-regulated subsidiaries,
and significant branches.
(6) The entity at the head of the financial conglomerate for
which the Financial and Capital Market Commission acts as a
coordinator shall, on a regular basis but at least once a year,
publish information on the legal, management, and organisational
structure of the financial conglomerate by selecting appropriate
media and place or provide guidance on availability of such
information. A website shall be considered an appropriate place
for posting information.
[22 March 2012; 16 May 2013]
Section 18. (1) The following person may be a member of
the executive board in a mixed financial holding company that is
at the head of the financial conglomerate for which the Financial
and Capital Market Commission acts as a coordinator:
1) who is competent in the financial management issues;
2) who has the necessary higher education and at least three
years of professional work experience in a company, organisation,
or institution of the relevant size;
3) who has an impeccable reputation;
4) [28 April 2022].
(2) The following person may not be a member of the executive
board of a mixed financial holding company:
1) who has been convicted of committing an intentional
criminal offence against the State, property, or governance
procedures, or of committing an intentional criminal offence in
national economy or while in service in State authorities, or of
committing a terrorism related criminal offence;
2) who has been convicted of or on whom a prosecutor's penal
order has been imposed for committing the intentional criminal
offence referred to in Clause 1 of this Paragraph, releasing from
the punishment, or against whom criminal proceedings have been
terminated for reasons other than exoneration - while a year has
not passed after entering into effect of the relevant
decision;
3) who has been deprived of the right to perform commercial
activity.
(3) A mixed financial holding company that has its legal
address in Latvia shall, within seven days after election of a
new member of the executive board, inform the Financial and
Capital Market Commission of this fact.
(4) The supervisory board or meeting of stockholders (if the
supervisory board has not been established) of a mixed financial
holding company shall be obliged itself or, upon request of the
Financial and Capital Market Commission, to immediately remove
from the office such members of the executive board who do not
conform to the requirements of Paragraph one or two of this
Section.
[28 April 2022 / Amendment regarding the replacement of the
words "Financial and Capital Market Commission" with the words
"Latvijas Banka" shall come into force on 1 January 2023 and
shall be included in the wording of the Law as of 1 January 2023.
See Paragraphs 1 and 2 of Transitional Provisions]
Section 19. (1) Mixed financial holding companies that
have their legal address in Latvia have an obligation, upon
request of the Financial and Capital Market Commission and within
the time periods set by it, to provide information which is
necessary to ensure the supervision of the financial conglomerate
or regulated commercial companies within the financial
conglomerate or which has been requested by the coordinator or
supervisory authority, if the information is necessary for the
abovementioned authorities for the fulfilment of the duties
entrusted thereto.
(2) Information received by the Financial and Capital Market
Commission in accordance with Paragraph one of this Section shall
be deemed restricted access information and such information
shall be exchanged in accordance with the rules for sectors.
[28 April 2022 / Amendment regarding the replacement of the
words "Financial and Capital Market Commission" with the words
"Latvijas Banka" shall come into force on 1 January 2023 and
shall be included in the wording of the Law as of 1 January 2023.
See Paragraphs 1 and 2 of Transitional Provisions]
Chapter IV
Cooperation and Information Exchange between the Financial and
Capital Market Commission and Supervisory Authorities
[16 May 2013]
Section 20. (1) The Financial and Capital Market
Commission shall cooperate with such supervisory authorities of
the Member States that are responsible for the supervision of the
regulated commercial companies within the financial conglomerate
and, if the Financial and Capital Market Commission does not act
as a coordinator, with the coordinator by providing, upon request
or its own initiative, information which is relevant to the
supplementary supervision of the regulated commercial companies
within the financial conglomerate.
(2) Cooperation among supervisory authorities shall cover
collection and exchange of information on the following
issues:
1) the legal, management, and organisational structure of the
group, including the regulated commercial companies within the
financial conglomerate, non-regulated subsidiaries, and
significant branches, persons who have qualifying holding at the
ultimate level of the parent company, and also supervisory
authorities supervising the regulated commercial companies within
the financial conglomerate;
2) the operational strategy of the financial conglomerate;
3) the financial situation of the financial conglomerate, in
particular in respect of capital adequacy, intra-group
transactions, risk concentration, and profitability;
4) the major stockholders and management of the commercial
companies within the financial conglomerate;
5) the organisation, risk management, and internal control
system within the financial conglomerate;
6) the procedures pertaining to the collection of information
from the commercial companies within the financial conglomerate
and verification of such information;
7) the unfavourable development of events in the regulated
commercial companies within the financial conglomerate or other
commercial companies that could adversely affect the regulated
commercial companies;
8) the decisions to restrict activities of the commercial
companies within the financial conglomerate that are taken by the
supervisory authorities in accordance with the rules for sectors
or this Law.
(3) For the purpose of exchanging information which is
necessary for the Financial and Capital Market Commission to
fulfil its duties in respect of the regulated commercial
companies within the financial conglomerate, the Financial and
Capital Market Commission shall, in accordance with the rules for
sectors, address the central banks of the members of the European
Systemic Risk Board and the European Central Bank.
(4) Prior to taking decisions which are relevant for the
performance of supervisory duties of the supervisory authorities
of other Member States, the Financial and Capital Market
Commission shall discuss the following issues with other
supervisory authorities of the Member States:
1) changes in the structure of stockholders, organisational or
management structure of the regulated commercial companies within
the financial conglomerate for which the consent or authorisation
of the Financial and Capital Market Commission is required;
2) decisions to restrict activities of the commercial
companies within the financial conglomerate which are related to
significant violations of the rules for sectors and which are
taken by the Financial and Capital Market Commission in
accordance with the rules for sectors.
(5) The Financial and Capital Market Commission may disregard
the obligation specified in Paragraph four of this Section to
have a discussion with the supervisory authorities of the Member
States if the matter is urgent or if discussion could pose a
threat to the efficiency of the decisions. In this case, after
taking of the decision, the Financial and Capital Market
Commission shall immediately inform other supervisory authorities
of the Member States thereof.
(6) In performing supplementary supervision of the regulated
commercial companies within the financial conglomerate, the
Financial and Capital Market Commission shall ask the supervisory
authority of the Member State where the parent company of the
financial conglomerate is located to request information from the
parent company of the financial conglomerate which is necessary
to perform the duties of the coordinator.
[22 March 2012; 16 May 2013; 28 April 2022 / Amendment
regarding the replacement of the words "Financial and Capital
Market Commission" with the words "Latvijas Banka" shall come
into force on 1 January 2023 and shall be included in the wording
of the Law as of 1 January 2023. See Paragraphs 1 and 2 of
Transitional Provisions]
Section 21. (1) If during application of this Law the
Financial and Capital Market Commission wishes to verify
information on any regulated commercial company or another
commercial company which is part of the financial conglomerate
and is located in another Member State, it shall request the
supervisory authority of this Member State to carry out such
verification.
(2) The Financial and Capital Market Commission may
participate in the verification which is carried out by the
supervisory authority of another Member State upon request of the
Financial and Capital Market Commission.
(3) The Financial and Capital Market Commission has the right
to, upon its own initiative or request of the supervisory
authority of a Member State, verify information on regulated
commercial companies or other commercial companies that are part
of the financial conglomerate and are located in Latvia by
carrying out the verification in accordance with its competence
or allowing it to be carried out by the supervisory authority of
a Member State that has made the request, or involving an auditor
or expert in carrying out of the verification.
(4) The supervisory authority of a Member State that has made
the request referred to in Paragraph three of this Section may
participate in the verification provided that it does not carry
out the verification itself.
Section 22. (1) If the regulated commercial company
within the financial conglomerate violates the requirements of
this Law or the requirements of the provisions of the Financial
and Capital Market Commission or if the requirements are complied
with, yet solvency of the regulated commercial company may be
jeopardised, or if the intra-group transactions or risk
concentration poses a threat to the financial situation of the
regulated commercial companies, the Financial and Capital Market
Commission shall, upon request of the coordinator or its own
initiative if acting as a coordinator, take the necessary
measures in respect of the regulated commercial companies and in
respect of mixed financial holding companies that have their
legal address in Latvia.
(2) Where applicable, the Financial and Capital Market
Commission shall coordinate taking of the necessary measures
specified in Paragraph one of this Section with other supervisory
authorities of the Member States.
(3) The Financial and Capital Market Commission shall request
the coordinator or other supervisory authorities of the Member
States to take the necessary measures in order to address a
threat to the solvency of the regulated commercial company.
[28 April 2022 / Amendment regarding the replacement of the
words "Financial and Capital Market Commission" with the words
"Latvijas Banka" shall come into force on 1 January 2023 and
shall be included in the wording of the Law as of 1 January 2023.
See Paragraphs 1 and 2 of Transitional Provisions]
Section 23. (1) If the legal address of the parent
company of regulated commercial companies is outside the Member
States, the Financial and Capital Market Commission or the
supervisory authority of the Member State which, in accordance
with Section 11 of this Law, would be the coordinator if the
regulated commercial companies and their parent company formed a
financial conglomerate shall verify whether the regulated
commercial companies are subject to supervision equivalent to the
supervision provided for in this Law.
(2) The Financial and Capital Market Commission shall carry
out the verification referred to in Paragraph one of this Section
upon request of the parent company of the group or a regulated
commercial company, or its own initiative by having a discussion
with the other significant supervisory authorities, and also by
taking into account the guidelines developed by the Joint
Committee of the European Supervisory Authorities.
(21) If the verification referred to in Paragraph
one of this Section has been carried out by the supervisory
authority of another Member State which has taken a decision that
the supervision of the regulated commercial companies is
equivalent to that specified in this Law but the Financial and
Capital Market Commission does not agree with this decision, for
the settlement of disagreements it may address the following
respectively:
1) the European Banking Authority in accordance with
Regulation (EU) No 1093/2010 of the European Parliament and of
the Council of 24 November 2010 establishing a European
Supervisory Authority (European Banking Authority), amending
Decision No 716/2009/EC and repealing Commission Decision
2009/78/EC;
2) the European Insurance and Occupational Pensions Authority
in accordance with Regulation (EU) No 1094/2010 of the European
Parliament and of the Council of 24 November 2010 establishing a
European Supervisory Authority (European Insurance and
Occupational Pensions Authority), amending Decision No
716/2009/EC and repealing Commission Decision 2009/79/EC;
3) the European Securities and Markets Authority in accordance
with Regulation (EU) No 1095/2010 of the European Parliament and
of the Council of 24 November 2010 establishing a European
Supervisory Authority (European Securities and Markets
Authority), amending Decision No 716/2009/EC and repealing
Commission Decision 2009/77/EC.
(3) If regulated commercial companies within the group are not
subject to the supplementary supervision equivalent to that
specified in this Law in a country where the parent company of
the group has its legal address, the Financial and Capital Market
Commission shall apply the provisions for supplementary
supervision of the regulated commercial companies provided for in
this Law to the regulated commercial companies within the
group.
[22 March 2012; 28 April 2022 / Amendment regarding the
replacement of the words "Financial and Capital Market
Commission" with the words "Latvijas Banka" shall come into force
on 1 January 2023 and shall be included in the wording of the Law
as of 1 January 2023. See Paragraphs 1 and 2 of Transitional
Provisions]
Section 24. If the Financial and Capital Market
Commission acts as a coordinator, it shall submit to the Joint
Committee of the European Supervisory Authorities the information
referred to in Section 17, Paragraphs four, five, and six, and
also Section 20, Paragraph two, Clause 1 of this Law.
[16 May 2013]
Transitional Provisions
[28 April 2022]
1. Amendments to this Law regarding the replacement of the
words "Financial and Capital Market Commission" with the words
"Latvijas Banka" throughout the Law and the deletion of the words
"and capital" in Section 2 shall come into force on 1 January
2023.
[28 April 2022 / The abovementioned amendments shall be
included in the wording of the Law as of 1 January 2023.]
2. The new wording of Section 1, Clause 2, the new wording of
Section 5, Paragraph one, Clause 2, amendments to Section 5,
Paragraph two, Clause 2 and Paragraph seven, Section 10,
Paragraph three, Section 14, Paragraph four of this Law,
amendments to Section 18 of this Law regarding the deletion of
Paragraph one, Clause 4, the new wording of Section 18, Paragraph
two, amendments to Section 19, Paragraph one, Section 20,
Paragraph four of this Law, the new wording of Section 20,
Paragraph five, amendments to Section 22, Paragraphs one and two
of this Law, the new wording of Section 22, Paragraph three, and
also amendment to Section 23, Paragraph two of this Law shall
come into force concurrently with the Investment Brokerage
Companies Law.
[28 April 2022 / The abovementioned amendments shall be
included in the wording of the Law as of 31 May 2022.]
Informative Reference to European
Union Directives
[22 March 2012; 16 May 2013; 28
April 2022]
The Law contains norms arising from:
1) Directive 2002/87/EC of the European Parliament and of the
Council of 16 December 2002 on the supplementary supervision of
credit institutions, insurance undertakings and investment firms
in a financial conglomerate and amending Council Directives
73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and
93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European
Parliament and of the Council;
2) Directive 2010/78/EU of the European Parliament and of the
Council of 24 November 2010, amending Directives 98/26/EC,
2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC,
2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in
respect of the powers of the European Supervisory Authority
(European Banking Authority), the European Supervisory Authority
(European Insurance and Occupational Pensions Authority) and the
European Supervisory Authority (European Securities and Markets
Authority);
3) Directive 2011/89/EU of the European Parliament and of the
Council of 16 November 2011 amending Directives 98/78/EC,
2002/87/EC, 2006/48/EC and 2009/138/EC as regards the
supplementary supervision of financial entities in a financial
conglomerate;
4) Directive (EU) 2019/2034 of the European Parliament and of
the Council of 27 November 2019 on the prudential supervision of
investment firms and amending Directives 2002/87/EC, 2009/65/EC,
2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU.
The Law has been adopted by the Saeima on 9 June
2005.
Acting for the President,
the Chairperson of the Saeima, I. Ūdre
Rīga, 28 June 2005
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)