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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 05.09.2009.–31.12.2010.
Amendments not included: 16.12.2010., 03.12.2015.

The Saeima1 has adopted
and the President has proclaimed the following Law:

Law On European Groupings of Territorial Co-operation

Section 1. Purpose and Scope of Application of this Law

(1) The purpose of this Law is to promote and facilitate cross-border, transnational or interregional co-operation of the members of European groupings of territorial co-operation (hereinafter - co-operation grouping) with the aim of strengthening the social and economic cohesion.

(2) The activities of co-operation groupings shall be determined by Regulation (EC) No. 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial co-operation (EGTC) (hereinafter - Regulation No. 1082/2006), this Law and other regulatory enactments, as well as the documents of foundation of a co-operation grouping.

Section 2. Legal Status of a Co-operation Grouping

A co-operation grouping shall be a legal person and is entitled to operate on behalf of the members in the composition thereof. It shall be regarded as established from the day when the co-operation grouping has been entered into the Register of European Groupings of Territorial Co-operation (hereinafter - Register).

Section 3. Members of a Co-operation Grouping

(1) A co-operation grouping may be created if there are at least two members in the composition thereof from the European Union Member States.

(2) A member of the co-operation grouping from Latvia may be a legal person governed by public law, including with the intermediation of the institution thereof.

(3) A member of the co-operation grouping may also be such institution which may be added to several legal persons governed by public law.

Section 4. Documents of Foundation of a Co-operation Grouping

The convention and statutes of a co-operation grouping shall be the documents of foundation of the co-operation grouping.

Section 5. Proposal for Establishment of a Co-operation Grouping

(1) The prospective member of a co-operation grouping from Latvia shall send a notification to the Ministry of Regional Development and Local Government (hereinafter - Ministry) regarding the intention thereof to participate in the co-operation grouping (regardless of whether the group is or is not being registered in Latvia). A copy of the convention and the statutes of the prospective grouping shall be appended to the notification.

(2) The Ministry shall, within three months after receipt of the documents referred to in Paragraph one of this Section, approve or not approve the participation of the prospective member in the co-operation grouping.

(3) The Ministry shall not approve the participation of the prospective member in the co-operation grouping in the cases specified in Regulation No. 1082/2006.

(4) A co-operation grouping not registered in Latvia shall submit to the Ministry the final formulation of the convention and statutes of the co-operation grouping.

Section 6. Registration of a Co-operation Grouping

(1) The Ministry shall register a co-operation grouping in Latvia, making an entry in the Register on the basis of a respective application.

(2) The following shall be indicated in an application for the entry of a co-operation grouping in the Register:

1) the name of the co-operation grouping;

2) the names and address of the members of the co-operation grouping, as well as the given name, surname, identification code, place of residence and position of the persons which are entitled to represent the members;

3) the given name, surname, identification code, place of residence and position of the persons which are entitled to represent the co-operation grouping, as well as the scope of representation specified for these persons;

4) the size of the fixed capital of the co-operation grouping, if such is anticipated in the statutes; and

5) the registered office of the co-operation grouping.

(3) The following shall be appended to an application:

1) the documents of foundation of the co-operation grouping;

2) if existence of a fixed capital of the co-operation grouping is provided for in the statutes - bank statement regarding the payment of the fixed capital; and

3) a written consent of the representative of each member of the co-operation grouping to be a member of the grouping. Such consent need not be submitted if the relevant representative of a member the co-operation grouping has signed an application for the entry of the co-operation grouping in the Register.

(4) The Ministry shall, within three months after receipt of the documents referred to in Paragraphs two and three of this Section, register the co-operation grouping in the Register and issue a registration certificate or refuse registration in the Register.

Section 7. Publication of Information Regarding Registration of a Co-operation Grouping

(1) A co-operation grouping shall, within 10 working days after registration thereof in the Register, publish a notice in the newspaper Latvijas Vēstnesis [the Official Gazette of the Government of Latvia] regarding the creation of the co-operation grouping, including the following information therein:

1) the name of the co-operation grouping;

2) the objective of the co-operation grouping;

3) the tasks of the co-operation grouping;

4) the members of the co-operation grouping; and

5) the registered office of the co-operation grouping.

(2) In accordance with the procedures specified in Regulation No. 1082/2006 the co-operation grouping shall ensure that a relevant notice is published in the Official Journal of the European Union regarding the creation of the co-operation grouping.

Section 8. Amendments to the Documents of Foundation of a Co-operation Grouping

(1) In order for amendments to the convention and amendments to the statutes of a co-operation grouping registered in Latvia, which request making of amendments to the convention, to be in effect, they shall be registered with the Ministry in accordance with the procedures specified in Section 6 of this Law.

(2) Amendments to the convention and amendments to the statutes of a co-operation grouping not registered in Latvia, which request making of amendments to the convention, shall be harmonised with the Ministry in accordance with the procedures specified in Section 5 of this Law, prior to the submission thereof for registration in another European Union Member State.

Section 9. Payment of the Fixed Capital of a Co-operation Grouping and the Types Thereof

(1) The existence or non-existence of the fixed capital of a co-operation grouping, the size and type of payment thereof shall be determined in the statutes of the grouping.

(2) The fixed capital of a co-operation grouping shall be paid in cash or by property investment. The fixed capital of the co-operation grouping shall be expressed in whole lats.

(3) Investment into the fixed capital of a co-operation grouping shall become the property of the co-operation grouping.

Section 10. Dissolution of the Activities of a Co-operation Grouping

(1) The cases and the procedures for the dissolution of the activities of a co-operation grouping shall be determined by Regulation No. 1082/2006, other regulatory enactments and the convention of the co-operation grouping, as well as Paragraphs two and three of this Section.

(2) A decision regarding the dissolution of the activities of a co-operation grouping or a decision regarding the duty for a member of the co-operation grouping from Latvia to withdraw from a co-operation grouping not registered in Latvia, as well as a decision regarding the annulment of the entry in the Register shall be taken by the Ministry.

(3) In case of the dissolution of the activities of a co-operation grouping, the liquidation process of the co-operation grouping shall be commenced. Provisions which are provided for in the regulatory enactments for the liquidation of an association shall be applied to the liquidation of a co-operation grouping, insofar as it has not been specified otherwise in this Law and in Regulation No. 1082/2006.

(4) The Ministry shall publish an appropriate notice in the newspaper Latvijas Vēstnesis regarding the dissolution of the activities of a co-operation grouping.

Section 11. Insolvency of a Co-operation Grouping

In case of the insolvency of a co-operation grouping the regulatory enactments regulating insolvency proceedings shall be applied insofar as it has not been specified otherwise in this Law and in Regulation No. 1082/2006.

Section 12. Appeal of Decisions

The decisions of the Ministry referred to in Section 5, Paragraph two, Section 6, Paragraph four and Section 10, Paragraph two of this Law may be appealed in accordance with the procedures specified in the Administrative Procedure Law.

Section 13. Control of the Management of Financing

The management of the financing allocated by a legal person governed by public law, as well as international financial instruments shall be controlled in accordance with the procedures specified in regulatory enactments.

Section 14. Annual Report of a Co-operation Grouping

(1) After the end of the accounting year, a co-operation grouping shall prepare an annual report of the co-operation grouping in accordance with the procedures specified in regulatory enactments.

(2) The annual report of the co-operation grouping shall be submitted to the Ministry.

The following shall be appended to the annual report:

1) an auditor's statement regarding the annual report;

2) an extract from the minutes of the meeting of members of the co-operation grouping with a decision regarding the approval of the annual report; and

3) a report on the operations and activities of the co-operation grouping in the accounting year.

This Law shall come into force on the day following the proclamation thereof.

This Law has been adopted by the Saeima on 20 August 2009.

President V. Zatlers

Riga, 4 September 2009

 


1 The Parliament of the Republic of Latvia

Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Eiropas teritoriālās sadarbības grupu likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 20.08.2009.Entry into force: 05.09.2009.Publication: Latvijas Vēstnesis, 141, 04.09.2009.
Language:
LVEN
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197032
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