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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

22 August 2017 [shall come into force from 25 August 2017].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Republic of Latvia

Cabinet
Regulation No. 288
Adopted 30 May 2017

Procedures for Training Applicants for the Office of Administrator of Insolvency Proceedings, for Examining Them, Procedures for the Operation of the Examination Commission and Procedures for Appointing, Releasing, Removing and Discharging from Office and the Suspension of Professional Activity of the Administrators of Insolvency Proceedings

Issued pursuant to
Section 13.1, Paragraph three, Section 15,
Paragraph two, Section 16.1, Paragraph five, Section 16.2,
Paragraph six, Section 17.1, Paragraph two, Section 17.2,
Paragraph two, Section 17.3, Paragraph two and
Section 17.4, Paragraph two of the Insolvency Law

I. General Provisions

1. This Regulation prescribes:

1.1. the minimum content and scope of the training course for the applicants for the office of administrator of insolvency proceedings (hereinafter - the administrator), and also the information to be included in the certificate attesting the training course attendance (hereinafter - the certificate);

1.2. the procedures for the operation of the examination commission (hereinafter - the Commission);

1.3. the procedures for examining the administrators, the minimum amount of knowledge and the assessment procedures;

1.4. the procedures for appointing administrators;

1.5. the form and content of the administrators' office licence (hereinafter - the office licence) and the procedures for issuing and handing it out;

1.6. the procedures for the administrator qualification examination, the areas in which the administrator's knowledge and skills are tested and the assessment procedures;

1.7. the procedures for releasing, removing, discharging the administrators from office and suspending professional activity thereof.

2. The Insolvency Administration shall provide the responsible authority which makes entries in the Insolvency Register with access to information on the decisions taken by the Insolvency Administration regarding the issuance of the office licence and the extension of the validity of the office licence, the removal, release, discharge of the administrators from office, and also the suspension of professional activity and the reinstatement in their office immediately after the relevant decision has been taken.

II. Training of an Administrator Applicant

3. An administrator applicant shall master the training programme at least in the following areas and amounts:

3.1. insolvency and professional ethics of administrators - 30 academic hours;

3.2. accountancy and finances - 20 academic hours;

3.3. special form of procedure within the civil procedure - 10 academic hours;

3.4. taxes and their administration - 10 academic hours;

3.5. economy and business administration - 10 academic hours;

3.6. labour law and employee protection in case of the employer's insolvency -10 academic hours;

3.7. record keeping and archiving - 10 academic hours.

4. The organiser of training shall issue a certificate to the administrator applicant if the latter has attended at least 80 % of the training programme. The certificate shall include at least the following information:

4.1. full name and the registration number of the organiser of training;

4.2. the given name, surname, and the personal identity number of the administrator applicant;

4.3. training time;

4.4. number of academic hours attended;

4.5. certificate number and date of issue.

III. Organisation of the Examination of an Administrator

5. The Insolvency Administration shall organise the examination of an administrator (hereinafter - the examination) at least every two years.

6. Not later than three months prior to the examination, the Insolvency Administration shall place a notice on application for the examination on its website, indicating the date, venue of the examination, and the deadline for application, and also the payment procedures and the document submission procedures. Not later than a month prior to the examination, the Insolvency Administration shall publish information on the time and address of the examination on its website.

7. The application deadline for the examination shall be one month from the placement of the notice referred to in Paragraph 6 of this Regulation on the website of the Insolvency Administration.

8. To apply for the examination, the administrator applicant shall submit an application for taking the examination to the Insolvency Administration. In his or her application the administrator applicant shall indicate the following:

8.1. given name and surname;

8.2. personal identity number;

8.3. electronic mail address;

8.4. telephone number;

8.5. information on the payment made, indicating the reference number (if known), payment date, payment document number, the sum paid, the name, and registration number of the payer if it is a legal person or the name, surname, and personal identity number if it is a natural person (if the person does not have a personal identity number, indicate the person's date of birth) or attaching a document confirming the payment or a copy thereof (non-certified) if it includes the abovementioned information;

8.6. documents attached to the application.

9. The Insolvency Administration shall contact the administrator applicant electronically in accordance with the laws and regulations regarding drawing up of electronic documents. If the administrator applicant wishes to use another form of communication with the Insolvency Administration, he or she shall indicate it in the application referred to in Paragraph 8 of this Regulation.

10. The administrator applicant shall attach the description of his or her life (CV) and the following documents or their derivatives to the application referred to in Paragraph 8 of this Regulation:

10.1. a document attesting education and in case the education has been obtained abroad, a statement stating that the education document issued in Latvia and the academic degree awarded to the relevant person in Latvia corresponds to or is equivalent to the education document issued abroad or the academic degree awarded abroad in accordance with Section 13, Paragraph one, Clause 2 of the Insolvency Law;

10.2. a document certifying at least three years of work experience in the profession of a lawyer or a profession equivalent thereto following the acquisition of education referred to in Section 13, Paragraph one, Clause 2 of the Insolvency Law (a statement from the employer, a job description, and others);

10.3. a document certifying the State language proficiency at the highest level in accordance with the requirements of the Official Language Law if the State language proficiency examination has been taken before February 2001 and the State language proficiency at the highest level is not certified by the education documents to be submitted to the Insolvency Administration;

10.4. the certificate referred to in Paragraph 4 of this Regulation.

11. By submitting the application referred to in Paragraph 8 of this Regulation, the administrator applicant shall certify by his or her signature that:

11.1. he or she meets the requirements specified in Section 13, Paragraph one, Clauses 1, 2, 3, 4, and 6 of the Insolvency Law;

11.2. the restrictions specified in Section 13, Paragraph two of the Insolvency Law do not apply to the administrator applicant;

11.3. the payment for the examination has been made;

11.4. all the information provided is true and the derivatives of the documents submitted correspond to the originals of these documents.

12. The submitted documents shall not be returned to the administrator applicant.

13. If the administrator applicant submits the derivatives of the documents referred to in Paragraph 10 of this Regulation, he or she, upon the request of the Insolvency Administration, shall personally present the originals of these documents within a time limit of not more than three working days specified by the Insolvency Administration.

14. After the receipt of the application referred to in Paragraph 8 of this Regulation, the Insolvency Administration shall immediately check whether the administrator applicant has indicated the information referred to in Paragraph 8 of this Regulation, whether he or she has attached the documents or their derivatives specified in Paragraph 10 of this Regulation, and whether he or she has paid for the examination. If, by checking this information, deficiencies are identified, the Insolvency Administration shall immediately inform the administrator applicant and invite him to remedy the deficiencies identified within three working days from the date of their notification.

15. The Insolvency Administration shall provide the Commission with information which may indicate that the reputation of the administrator applicant is not impeccable. The Commission may invite the administrator applicant to a personal interview to assess his or her compliance with the requirement to have an impeccable reputation. Having assessed the information provided by the Insolvency Administration, the Commission shall prepare an opinion about the administrator applicant's compliance or non-compliance with the requirement of having an impeccable reputation.

16. Within a month from the receipt of the application referred to in Paragraph 8 of this Regulation, the Director of the Insolvency Administration shall take a decision on permitting or refusing the administrator applicant to take the examination.

17. The Director of the Insolvency Administration shall refuse to allow the administrator applicant to take the examination if any of the following circumstances exist:

17.1. the administrator applicant does not conform with the requirements specified in Section 13, Paragraph one, Clauses 1, 2, 3, or 4 of the Insolvency Law;

17.2. any of the restrictions referred to in Section 13, Paragraph two of the Insolvency Law apply to the administrator applicant;

17.3. at the moment of submitting the application, the validity period of the certificate referred to in Paragraph 4 of this Regulation has expired;

17.4. the documents or derivatives thereof referred to in Paragraph 10 of this Regulation have not been attached to the application;

17.5. the administrator applicant has not presented the originals of the documents attached to the application or remedied the deficiencies identified within the time period specified by the Insolvency Administration;

17.6. the Insolvency Administration has received the opinion of the Commission about the failure of the administrator applicant to conform with the requirement that he or she should have an impeccable reputation;

17.7. the administrator applicant has not fully paid the examination fee.

IV. Procedures for the Operation of the Commission

18. The members of the Commission shall be convened for the first Commission meeting by the Minister for Justice. Until the Commission elects its Chairperson and the Deputy Chairperson, the Commission meetings shall be chaired by a person authorised by the Minister for Justice.

19. The operation of the Commission shall be ensured and organised by the Secretary of the Commission. The Secretary of the Commission shall be appointed by the order of the Director of the Insolvency Administration. The Secretary of the Commission shall not be a member of the Commission.

20. The Chairperson and the Deputy Chairperson of the Commission shall be elected by the members of the Commission for a period of two years.

21. The Commission meetings shall be convened and chaired by the Chairperson of the Commission.

22. Minutes shall be taken at the Commission meetings. The minutes shall be signed by all members of the Commission present at the Commission meeting and by the Secretary of the Commission.

23. The Commission shall have the legal power to take a decision if the number of the members of the Commission present in the Commission's work and decision-making is more than half of the Commission's composition approved by the Minister for Justice.

24. The Commission shall take decisions by a majority vote by an open vote. If the number of votes is divided equally, the chairperson of the Commission shall have the casting vote.

25. The Commission meetings shall be closed.

26. The right to get acquainted with the information related to the procedure of assessing the applicants shall be granted by a written permission of the Commission's Chairperson observing the procedures specified in the Freedom of Information Law.

27. For the areas provided for in Paragraph 3 of this Regulation, the Commission shall prepare an Examination Topic Catalogue which shall be approved at the Commission meeting. The Insolvency Administration shall place the Examination Topic Catalogue approved by the Commission on its website.

28. The Commission may issue its by-laws setting out procedures for convening Commission meetings, for holding the Commission meetings, for preparing and coordinating the Commission's minutes and other issues of organising the work thereof. The by-laws of the Commission shall be approved at a Commission meeting and signed by the Chairperson of the Commission.

29. The Commission shall, upon the proposal of a member of the Commission, consider proposals for amendments to the Commission's by-laws. The members of the Commission shall submit their proposals to the Chairperson of the Commission who shall convene a Commission meeting in order to consider these proposals.

V. Examination Procedure

30. The examination procedure shall be ensured by the Insolvency Administration.

31. The Commission shall prepare the examination questions in accordance with the Catalogue referred to in Paragraph 27 of this Regulation. The Chairperson of the Commission or a person authorised by the Chairperson of the Commission shall pass the examination questions to the Insolvency Administration not later than three working days prior to the examination date.

32. The examination shall take place in three parts:

32.1. general examination of the administrator applicant's theoretical knowledge in writing - a test (hereinafter - the first part of the examination);

32.2. solving a practical task (a case) in writing (hereinafter - the second part of the examination);

32.3. oral examination (hereinafter - the third part of the examination):

32.3.1. the examination of the administrator applicant's theoretical knowledge;

32.3.2. a structured interview in which the administrator applicant's competencies are verified - the motivation to hold an administrator's office, communication and organisational skills, systemic thinking skills, and dispute resolution skills - and questions related to the administrator's profession are asked.

33. Each part of the examination shall take place on a different day.

34. The administrator applicant shall take the first and second parts of the examination by using an examination sheet.

35. The preparation period of answers to the 20 questions included in the first part of the examination shall be one hour, for taking the second part of the examination it shall be three hours, but for the third part of the examination it shall be half an hour - 15 minutes for preparing the answer and 15 minutes for the answer and the structured interview.

36. Representatives of the Insolvency Administration and one member of the Commission appointed by the Chairperson of the Commission shall participate in the first and second parts of the examination. The representatives of the Insolvency Administration and members of the Commission shall participate in the third part of the examination in the number specified in Paragraph 24 of this Regulation including the Chairperson or the Deputy Chairperson of the Commission. The Commission shall be the examiner in the third part of the examination.

37. The course of each part of the examination shall be recorded by a representative of the Insolvency Administration. The minutes shall indicate:

37.1. the date and venue of the examination;

37.2. the representatives of the Insolvency Administration and the members of the Commission present at the relevant part of the examination;

37.3. the time when the examination begins;

37.4. the administrator applicants who are late for the beginning of the relevant part of the examination;

37.5. the administrator applicants who leave the room in which the first and the second parts of the examination take place, and also the time when the administrator applicant leaves the room and when he or she returns to it;

37.6. the time when the last administrator applicant hands in the examination sheet of the first or the second part of the examination or when the last administrator applicant finishes answering the questions in the third part of the examination;

37.7. other events associated with the examination.

38. The minutes of the examination shall be signed by the representatives of the Insolvency Administration and the members of the Commission present at the relevant part of the examination. The minutes shall be kept by the Insolvency Administration.

39. Arriving for each part of the examination, the administrator applicant shall present his or her personal identification document to the representative of the Insolvency Administration. After the administrator applicant has arrived for each part of the examination, the representative of the Insolvency Administration shall enter the administrator applicant's given name, surname, and his or her personal identity number in the Examination Register (Annex 1) and the administrator applicant shall confirm his or her arrival to the relevant part of the examination with a signature.

40. After registration, the administrator applicant shall take a seat in the examination room in accordance with the instructions of the representative of the Insolvency Administration.

41. At the invitation of the representative of the Insolvency Administration, the administrator applicant shall choose the examination sheets:

41.1. for the first part of the examination - with test questions;

41.2. for the second part of the examination - with a practical task (a case);

41.3. for the third part of the examination - an examination paper.

42. If the administrator applicant is late for the beginning of the first and the second parts of the examination, he or she shall be allowed to take the examination but the time of filling in the answers shall not be extended. If the administrator applicant does not arrive for the third part of the examination at the time specified beforehand by the Insolvency Administration, he or she shall be allowed to take the examination after the last administrator applicant has finished answering his or her questions in this part of the examination. The Commission may allow the administrator applicant to take the third part of the examination at the time appointed beforehand for another administrator applicant, if the latter has not appeared at the appointed time for the third part of the examination.

43. During the first and second parts of the examination, the examination venue may be left at the same time by no more than one administrator applicant. Before leaving the examination venue, the administrator applicant shall hand in his or her examination sheet to the representative of the Insolvency Administration. The representative of the Insolvency Administration shall mark the absence and the time of the administrator applicant's absence in his or her examination sheet. The administrator applicant's execution time of the examination work shall not be extended.

44. The examination sheets of the administrator applicant shall be anonymous. The administrator applicant shall not indicate his or her given name, surname, or any other identifying data on the examination sheet.

45. Upon taking the first part of the examination and the oral test, the administrator applicant shall be forbidden to use study aids. In the second part of the examination, the administrator applicant shall be allowed to use the laws and regulations (in paper form) which they have taken with them if they do not contain any comments.

46. The administrator applicant shall be forbidden to use means of communication during the examination (e.g., telecommunication devices, electronic notebooks), to use study aids without permission (e.g., the texts of laws and regulations, legal literature), to talk and disturb other administrator applicants.

47. If the administrator applicant disregards the provisions referred to in Paragraph 46 of this Regulation, the representative of the Insolvency Administration or the member of the Commission present at the examination shall give a warning to the administrator applicant. The member of the Commission shall enter information on the given fact on the first page of the examination sheet (in the column "notes") and in the Examination Register. If after receiving a warning the administrator applicant breaches the rules once more, the member of the Commission shall enter the breach on the first page of the examination sheet (in the column "notes") and in the Examination Register and shall turn the relevant administrator applicant out of the examination venue. The administrator applicant shall be deemed to have received an unsatisfactory assessment.

48. At the expiry of preparation time for answers or completing the preparation of answers ahead of time, the administrator applicant shall hand in the examination sheets which he or she has received (chosen) in accordance with Paragraph 41 of this Regulation to the representative of the Insolvency Administration.

49. After handing in the examination sheet referred to in Paragraph 48 of this Regulation, the administrator applicant shall leave the examination venue.

50. The Insolvency Administration shall keep the examination sheets submitted by the administrator applicant until the day of the meeting at which the relevant part of the examination will be assessed. On the day of the Commission meeting at which the answers to the questions of the relevant part of the examination will be assessed, the representative of the Insolvency Administration shall pass the examination sheets submitted by the administrator applicants to the Commission Chairperson or to a Commission member authorised by the Commission Chairperson. If the assessment of the answers takes place at several Commission meetings, then between the Commission meetings the Chairperson of the Commission or the member of the Commission authorised by the Chairperson of the Commission shall pass the examination sheets submitted by the administrator applicant to the representative of the Insolvency Administration who shall keep them until the next Commission meeting.

51. A successful completion of the first part of the examination shall be a pre-requisite for allowing the administrator applicant to take the second and the third parts of the examination. The Insolvency Administration shall announce the result of the first part of the examination to the administrator applicant electronically within one working day after its receipt. The Insolvency Administration shall inform the administrator applicant who has successfully passed the first part of the examination that he or she may take the second and the third parts of the examination indicating the following:

51.1. the laws and regulations necessary for solving the task (the case) provided for in the second part of the examination;

51.2. the time of arrival for the third part of the examination in accordance with the surname of the administrator applicant in alphabetic order.

52. In the third part of the examination, the administrator applicants in the alphabetic order of their surnames and in accordance with the time of arrival indicated beforehand shall be invited to the examination room. The administrator applicant shall choose the examination paper. The applicant shall present the paper number to the representative of the Insolvency Administration who shall enter it into the minutes.

53. When the third part of the examination is taken, there shall be not more than three administrator applicants in the examination room at the same time.

54. The Commission shall listen to the administrator applicant's answer to both examination paper questions for the third part of the examination. After listening to the answer, the members of the Commission have the right to ask questions in order to clarify the administrator applicant's answer. After the Commission has listened to the administrator applicant's answers to the examination questions and to the clarifying questions of the members of the Commission, the Commission shall interview the administrator applicant.

55. When the Commission notifies the administrator applicant that the interview is over, the administrator applicant shall give the examination paper to the representative of the Insolvency Administration and leave the examination room. The representative of the Insolvency Administration shall invite the next administrator applicant to enter the examination room.

56. The member of the Commission shall abstain from assessing the answers of the administrator applicant in the oral part of the examination if the administrator applicant is the spouse of a member of the Commission, a former spouse, a relative in the direct line of all degrees of a member of the Commission or a spouse of a member of the Commission, in a lateral line of the fourth degree or a brother-in-law or sister-in-law up to the third degree. A Commission member shall abstain from assessment also if he or she is personally directly or indirectly interested in the outcome of the examination or there are other circumstances which raise reasonable doubts about his or her impartiality. A Commission member's abstention from assessment shall be recorded in the minutes indicating the reason.

VI. Examination Assessment Procedure

57. The Commission shall assess the administrator applicants' examination sheets in accordance with the examination assessment description (Annex 2) at a Commission meeting. The Commission shall not assess an examination sheet and shall make a relevant entry into the assessment sheet if the Commission identifies one of the following circumstances:

57.1. the administrator applicant has indicated his or her given name, surname, or other identifying data in the examination sheet;

57.2. the examination sheet contains a notice made by a Commission member present at the relevant part of the examination indicating that the administrator applicant has committed two violations referred to in Paragraph 47 of this Regulation.

58. The Commission shall assess the answers to the first part of the examination within one working day from their receipt comparing them with the correct answers previously prepared by the Commission. For each correct answer to the question of the first part of the examination the administrator applicant shall receive 0.5 points.

59. It shall be deemed that the administrator applicant has passed the first part of the examination if he or she receives at least eight points. The Commission shall enter the result of the assessment into the work assessment sheet of the first part of the examination (Annex 3).

60. The Commission shall attach the assessment sheet of the first part of the examination to the examination sheet and immediately pass it to the representative of the Insolvency Administration.

61. The Commission shall assess the administrator applicant's answer to the second part of the examination according to a 10-point scale and the assessment of the second part of the examination shall consist of one joint assessment of the Commission which it shall enter into the assessment sheet of the second part of the examination (Annex 4). The answer to the second part of the examination shall be assessed according to a 10-point scale by not less than two Commission members chosen by the Commission. After all Commission members who have participated in the assessment of the second part of the examination have assessed all the answers of the second part of the examination, the Commission shall enter the average number of the administrator applicant's points which is calculated by adding up the points specified by each Commission member and dividing it by the number of Commission members who have participated in the assessment of the second part of the examination.

[22 August 2017]

62. If the administrator applicant receives an assessment of less than six points for the answer to the second part of the examination, the examination shall not be passed.

63. The Commission shall assess the administrator applicant's answer to the third part of the examination according to a 10-point scale and the assessment of the third part of the examination shall consist of one joint assessment of the Commission which it shall enter into the assessment sheet of the third part of the examination (Annex 5). Each Commission member who has participated in the assessment of the third part of the examination shall assess the administrator applicant's answers to the two theoretical questions according to a 10-point scale. After all Commission members who have participated in the assessment of the third part of the examination have assessed all administrator applicants' answers of the third part of the examination, the Commission shall enter the average number of the administrator applicant's points which is calculated by adding up the points specified by each Commission member and dividing it by the number of Commission members who have participated in the assessment of the third part of the examination.

64. If the administrator applicant receives an assessment for the third part of the examination which is less than six points, or at least three Commission members who have participated in the assessment of the third part of the examination - the interview with the administrator applicant - have indicated in the assessment sheet of the third part of the examination that the administrator applicant's competencies referred to in Sub-paragraph 32.3.2 of this Regulation are not sufficient to fulfil the duties of an administrator, the examination shall not be passed.

65. The Chairperson of the Commission shall confirm with his or her signature the Commission's assessment in the examination assessment sheet.

66. Within 20 days from the date of the second part of the examination, the Commission shall submit the examination works of the second and third parts of the examination to the Insolvency Administration attaching to them the assessment of the examination works, the examination sheets and the examination papers.

67. The examination shall be passed if the administrator applicant receives an assessment from the Commission equal to or higher than the minimum number of points specified in Paragraphs 59, 62, and 64 of this Regulation.

68. The examination shall not be passed if the administrator applicant receives an assessment from the Commission lower than the minimum number of points specified in Paragraphs 59, 62, and 64 of this Regulation, or at least three Commission members who have participated in the assessment of the third part of the examination - the interview with the administrator applicant - have indicated in the assessment sheet of the third part of the examination that the administrator applicant's competencies referred to in Sub-paragraph 32.3.2 of this Regulation are not sufficient to fulfil the duties of an administrator.

VII. Administrator Appointment Procedures

69. Within 20 days after the receipt of the examination works of the administrator applicants, the Director of the Insolvency Administration in accordance with the procedures referred to in Paragraph 66 of this Regulation and based on the Commission assessment and in accordance with Paragraphs 67 and 68 of this Regulation shall take a decision as to whether or not the administrator applicant has passed the examination.

70. After taking the decision referred to in Paragraph 69 of this Regulation that the administrator applicant has passed the examination, the Director of the Insolvency Administration shall immediately issue an order for the appointment of the administrator applicant to office and the issuance of an office licence (Annex 6).

71. The Insolvency Administration shall send the decision referred to in Paragraph 69 of this Regulation and the order referred to in Paragraph 70 of this Regulation to the administrator applicant within one working day from the date of taking the decision.

VIII. Administrator's Office Licence

72. The office licence shall be a plastic card measuring 55 x 85 mm and having a white background. The front side (the obverse) of the office licence shall have the following information:

72.1. the number of the office licence;

72.2. information on the holder of the office licence;

72.2.1. the given name;

72.2.2. surname;

72.2.3. job title;

72.2.4. a photograph;

72.3. the date of issue of the office licence.

73. The reverse side (the reverse) of the office licence shall have the following information:

73.1. the title "Maksātnespējas procesa administratora amata apliecība" [Office licence of the administrator of insolvency proceedings];

73.2. an informative text on the use of the office licence "Atrašanas gadījumā apliecību lūdzam nodot ... " [In case of finding, please, send the certificate to ... (the name of the institution, address and telephone number indicated)].

74. Upon the request of the Insolvency Administration, the administrator shall electronically send the person's digital image to the Insolvency Administration.

75. In order to ensure the production of a high quality office licence or its duplicate, the administrator's digital image and appearance must meet the following requirements:

75.1. the person's appearance in the photograph:

75.1.1. the position of the head - a frontal view;

75.1.2. the eyes open, not covered;

75.1.3. the eyes facing the camera;

75.1.4. the relevant person shall be without a headgear;

75.1.5. the person's clothing shall not cover his or her face or part of it;

75.2. physical image indicators:

75.2.1. the background of the image shall be bright, there shall be no shadows in the background;

75.2.2. the image of the person's face shall be in the centre of the photograph;

75.2.3. no other person or image shall be visible;

75.3. image quality:

75.3.1. the image shall be clear;

75.3.2. the image shall have good resolution;

75.3.3. the image shall be contrasting and bright;

75.4. the digital image of the administrator shall correspond to the appearance of the administrator at the time of producing the office licence.

76. If the digital image submitted by the administrator does not meet the requirements referred to in Paragraph 75 of this Regulation, the Insolvency Administration shall issue an office licence within five working days after the receipt of an appropriate digital image.

77. The office licences shall be numbered taking into account the number of the certificate issued last. If before the issuance of an office licence the administrator has had a valid administrator's certificate, the office licence shall be assigned a number corresponding to the number of the administrator's certificate.

78. The office licence shall be issued to the administrator by the Insolvency Administration. Upon receiving the office licence, the administrator shall sign the Office Licence Register (Annex 7) which is held by the Insolvency Administration. In order to receive an office licence, the administrator shall present an identification document to the representative of the Insolvency Administration.

79. Upon request, the administrator shall present the office licence prior to the commencement of his or her professional activities.

80. An administrator may not hand over his or her office licence to other persons.

81. An office licence shall be issued to an administrator for a period of two years counting from the date of its issuance.

82. An administrator shall submit an application to the Insolvency Administration for the issuance of a new office licence attaching a personal digital image to it which meets the requirements referred to in Paragraph 75 of this Regulation, if the date of validity of the office licence referred to in Paragraph 81 of this Regulation has expired or the information contained in the office licence has changed.

83. An administrator shall submit an application to the Insolvency Administration regarding the issuance of a duplicate office licence if it has been lost, stolen, or destroyed. Upon making a duplicate office licence, the indication "DUBLIKĀTS" [DUPLICATE] shall be placed on its front side (the obverse).

84. On the basis of the administrator's application referred to in Paragraphs 82 and 83 of this Regulation, the Director of the Insolvency Administration, within two weeks from the date of the receipt of the application, shall issue a new office licence or a duplicate of the previous one to the administrator.

85. The office licence shall be deemed invalid if:

85.1. according to the data of the Insolvency Register held by the Register of Enterprises of the Republic of Latvia, the administrator has been discharged, removed, released from office or has suspended his or her professional activity;

85.2. the term specified in Paragraph 81 of this Regulation has expired;

85.3. the office licence has been lost, stolen, or destroyed.

86. The Insolvency Administration shall record information on the office licence deemed to be invalid in the Office Licence Register.

IX. Administrator Qualification Examination

87. As regards the qualification examination for administrators, the procedures referred to in Chapters III, V, and VI of this Regulation shall apply insofar as this Chapter does not provide otherwise.

88. Not later than two months prior to the qualification examination, the Insolvency Administration shall place a notice about application for the examination on its website, indicating the date of the examination, the deadline for applying for the examination, and also the procedures for payment and drawing up of the documents. The Insolvency Administration shall place the notice on the laws and regulations necessary for the second part of the examination on its website not later than a month prior to the examination.

89. Within a month from the Insolvency Administration's notice on its website about application for the qualification examination, the administrator shall submit an application for taking the qualification examination to the Insolvency Administration indicating the information referred to in Paragraph 8 of this Regulation. The application shall be accompanied by documents or derivatives of these documents confirming the administrator's attendance of the qualification improvement measures in the areas specified in Paragraph 3 of this Regulation to the extent specified in Section 16.2, Paragraph two of the Insolvency Law.

90. Upon submitting the application referred to in Paragraph 89 of this Regulation, the administrator confirms with his or her signature that:

90.1. he or she meets the requirements specified in Section 13, Paragraph one of the Insolvency Law;

90.2. the restrictions specified in Section 13, Paragraph two of the Insolvency Law do not apply to the administrator;

90.3. the payment for the qualification examination has been made;

90.4. all the information provided is true and the submitted derivative documents correspond to their originals.

91. After the receipt of the application referred to in Paragraph 89 of this Regulation, the Insolvency Administration shall check without delay whether the administrator has indicated the information and the documents or their derivatives referred to in Paragraph 89 of this Regulation and made the payments for the examination. If, by checking this information the Insolvency Administration finds deficiencies, it shall, without delay, inform the administrator and invite him or her to remedy the deficiencies identified within three working days from the date of their notification.

92. Within 15 working days from the receipt of the application referred to in Paragraph 89 of this Regulation, the Director of the Insolvency Administration shall take a decision on permitting or refusing the administrator to take a qualification examination.

93. The Director of the Insolvency Administration shall refuse to allow the administrator to take the qualification examination if any of the following circumstances exist:

93.1. any of the restrictions referred to in Section 13, Paragraph two of the Insolvency Law applies to the administrator;

93.2. until the submission of the application, the administrator has not attended the qualification improvement measures to the extent specified in Section 16.2, Paragraph two of the Insolvency Law;

93.3. the administrator has not remedied the deficiencies identified within the deadline set by the Insolvency Administration;

93.4. the administrator has not fully paid for the qualification examination.

94. If an administrator who in accordance with Section 16.2, Paragraph one of the Insolvency Law has to take a qualification examination has not submitted an application about taking a qualification examination until the expiry of the period specified in Paragraph 89 of this Regulation and the Director of the Insolvency Administration has not taken a decision on the extension of the deadline for taking the qualification examination or if the Director of the Insolvency Administration takes a decision to refuse to allow the administrator to take a qualification examination, the Director of the Insolvency Administrator shall take a decision to remove the administrator from office within the time limit specified in Paragraph 109 of this Regulation.

95. The qualification examination shall consist of two parts:

95.1. written test of theoretical knowledge (hereinafter - the first part of the qualification examination);

95.2. solving a written practical task (a case) (hereinafter - the second part of the qualification examination).

96. The first and the second parts of the qualification examination shall take place on the same day.

97. At the qualification examination, the administrator's knowledge in the areas referred to in Paragraph 3 of this Regulation shall be checked. The Commission shall prepare the questions for the qualification examination in accordance with the Examination Topic Catalogue referred to in Paragraph 27 of this Regulation.

98. During the first part of the qualification examination, the administrator shall answer two theoretical questions. The time allotted to the administrator to answer the questions shall be one hour and 30 minutes. In the second part of the qualification examination, the administrator shall be allotted two hours for solving the practical task (a case) using the laws and regulations taken with him or her in conformity with the requirements referred to in Paragraph 44 of this Regulation.

99. The Insolvency Administration shall give information to the Commission which might present evidence of the administrator's non-compliance with the requirement specified in Section 13, Paragraph one, Clause 6 of the Insolvency Law. The Commission may invite the administrator to an interview to assess the administrator's compliance with the requirement specified in Section 13, Paragraph one, Clause 6 of the Insolvency Law. Having assessed the information provided by the Insolvency Administration, the Commission shall prepare an opinion on the administrator's compliance or non-compliance with the requirement specified in Section 13, Paragraph one, Clause 6 of the Insolvency Law.

100. If the Commission prepares an opinion on the administrator's non-compliance with the requirement specified in Section 13, Paragraph one, Clause 6 of the Insolvency Law, the Director of the Insolvency Administration shall take a decision to remove the administrator from office within the time limit specified in Paragraph 111 of this Regulation.

101. The answers to the questions of the first part of the qualification examination and to the question of the second part shall be assessed according to a 10-point scale.

102. In the assessment sheet of the first part of the qualification examination (Annex 8) and the assessment sheet of the second part thereof (Annex 9), the Commission shall record the number of points obtained by the administrator for each question and the average number of points obtained by adding up the points specified by each Commission member and dividing it by the number of Commission members who have participated in the assessment of the qualification examination.

[22 August 2017]

103. If an administrator receives an assessment equal to or higher than six points in the first and the second part of the examination, the examination shall be passed. If an administrator receives an assessment of less than six points in one of the parts of the qualification examination, the examination shall not be passed.

104. Within 10 working days after the receipt of the assessment of the administrators' examination, the Director of the Insolvency Administration shall, on the basis of the Commission's assessment in accordance with Paragraphs 67 and 68 of this Regulation, take a decision on the extension of the period of validity of the office licence or the refusal to extend the period of validity thereof and shall send the relevant decision to the administrator within one working day after taking thereof.

105. If the administrator receives a decision on refusal to extend the period of validity of the office licence, the administrator shall, within five working days from the receipt of the notification, have the right to submit a request to the Director of the Insolvency Administration to be allowed to take the qualification examination once more at the next qualification examination in accordance with Section 16.2, Paragraph seven of the Insolvency Law.

106. Within 10 working days from the receipt of the application referred to in Section 16.2, Paragraph seven of the Insolvency Law, the Director of the Insolvency Administration shall take a decision on the extension of the period for taking the administrator qualification examination.

107. If an administrator has not submitted an application with a request to extend his or her term for taking the administrator qualification examination within the time limit specified in Paragraph 105 of this Regulation, the Director of the Insolvency Administration shall take a decision on removing the administrator from office within the time limit specified in Paragraph 111 of this Regulation.

108. If an administrator has been unable to take the qualification examination due to objective circumstances, he shall, within 10 working days after the end of the qualification examination, submit the request referred to in Section 16.2, Paragraph eight of the Insolvency Law to the Director of the Insolvency Administration, attaching documents to it that substantiate the circumstances because of which the administrator was unable to take the qualification examination.

109. Within 10 working days from the receipt of the application referred to in Section 16.2, Paragraph eight of the Insolvency Law, the Director of the Insolvency Administration shall take a decision on the extension of the period for taking the qualification examination or a refusal thereof. If the Director of the Insolvency Administration takes a decision on the refusal to extend the period for taking the qualification examination, the Director of the Insolvency Administration shall, within a time limit specified in Paragraph 111 of this Regulation, take a decision on removing the administrator from office.

X. Release, Removal, Discharge from Office of an Administrator and the Suspension of His or Her Professional Activity

110. If an administrator has submitted an application regarding his or her release from office to the Insolvency Administration, the Director of the Insolvency Administration shall, within 10 working days from the receipt of the application, take a decision on releasing the administrator from office. The Insolvency Administration shall send the decision to the administrator within one working day from the date of taking the decision.

111. Within 10 working days from the date when the Insolvency Administration establishes any of the circumstances referred to in Section 17.2 of the Insolvency Law, the Director of the Insolvency Administration shall take a decision on removing the administrator from office.

112. The Director of the Insolvency Administration may take a decision on discharging an administrator from his or her office within 10 working days:

112.1. from the date of receiving information on the decision of the person directing the proceedings to recognise the administrator as a suspect or accused in a criminal case which has come into effect, until the date when the Insolvency Administration has received information on a ruling of the person directing the proceedings in criminal proceedings which has entered into effect;

112.2. from the date when the Director of the Insolvency Administration takes a decision regarding the initiation of disciplinary matter against the administrator until the date when the Disciplinary Commission takes any of the decisions referred to in Section 31.6, Paragraph one, Clauses 1, 2, 4, 5, or 6 of the Insolvency Law.

113. The Insolvency Administration shall send the decision referred to in Paragraph 112 of this Regulation to the administrator within one working day from the date of taking the decision. The administrator shall be discharged from office with the entry into effect of the decision of the Director of the Insolvency Administration.

114. If the decision referred to in Section 31.6, Paragraph one, Clause 2 of the Insolvency Law has been taken, the administrator shall be discharged from office until the date when the Director of the Insolvency Administration takes a decision on imposing a disciplinary sanction on the administrator - removal from office.

115. After the period referred to in Sub-paragraphs 112.1 and 112.2 has expired, the Director of the Insolvency Administration shall take a decision to reinstate the administrator in office or to remove him or her from office. If the reason for discharging the administrator from office does not exist anymore, the Director of the Insolvency Administration shall take a decision to reinstate the administrator in office.

116. In order to suspend the professional activity, the administrator shall submit an application to the Insolvency Administration about the suspension of his or her professional activity, indicating the time of the suspension and attaching documents which substantiate the grounds for suspending his or her professional activity.

[22 August 2017]

117. The Director of the Insolvency Administration shall take the decision on the suspension of the professional activity within 10 working days from the receipt of the application.

118. After the decision on the suspension of the professional activity has entered into effect, the administrator immediately submits an application to the court for resignation from performing an administrator's duties in proceedings to which he or she has been appointed.

119. An administrator may ask to extend the period for suspending his or her professional activity by submitting an application referred to in Paragraph 116 of this Regulation to the Insolvency Administration not later than two weeks prior to the expiry of the term of suspension of his or her professional activity.

120. An administrator shall inform the Insolvency Administration if the grounds for the suspension of his or her professional activity exist no more concurrently asking the Insolvency Administration to reinstate him or her in office.

121. Before the expiry of the term of suspension of the administrator's professional activity, the Director of the Insolvency Administration shall take a decision on the reinstatement of the administrator in office, if the term of suspension of professional activity specified in the decision of the Director of the Insolvency Administration regarding the suspension of the professional activity has expired before the expiry of the validity period of the office licence and the administrator has not submitted an application to extend the period for suspending his or her professional activity.

122. If the term of suspension of professional activity specified in the decision of the Director of the Insolvency Administration regarding the suspension of the professional activity has expired after the expiry of the validity period of the office licence and the administrator has not submitted an application to extend the period for suspending his or her professional activity, the Director of the Insolvency Administration shall reinstate the administrator in office until the day of the next qualification examination.

123. The Director of the Insolvency Administration shall take a decision not to reinstate the administrator in office and remove him or her from office, if it has been established that the administrator does not meet the requirements referred to in Section 13, Paragraph one of the Insolvency Law or any of the restrictions specified in Section 13, Paragraph two of the Insolvency Law apply to him or her.

124. If the administrator has been released, removed, or discharged from office or his or her professional activity has been suspended:

124.1. the Insolvency Administration shall immediately file an application to the court regarding the removing of the administrator from performing administrator's duties if he or she has been released, removed, or discharged from office. If within two weeks after taking of the decision on suspending the professional activity the administrator does not file an application for resignation to the court, the Insolvency Administration shall file an application to the court regarding the removing of the administrator from performing administrator's duties. After the removal of the administrator, the Insolvency Administration shall, in accordance with the procedures prescribed by laws and regulations governing the insolvency proceedings, recommend another candidate to the court;

124.2. Within one working day, the Insolvency Administration shall specify the information in the Office Licence Register.

XI. Closing Provisions

125. The Insolvency Administration shall equate the points for preparing and presenting the qualification improvement measure received by an administrator during the period of validity of his or her office licence up to the day when the provisions of the Insolvency Law regarding the taking of the qualification examination come into force, to the academic hours in proportion 1:1, reviewing the application of an administrator for taking a qualification examination who has a valid certificate.

126. As to the administrators who hold a valid certificate and take a qualification examination, the Director of the Insolvency Administration shall, on the basis of the Commission's assessment in accordance with Paragraph 103 of this Regulation, issue an order regarding appointing of the administrator to office and issuing an office licence to him or her or take a decision on the termination of the operation of the certificate.

127. If an administrator who has a valid certificate submits the request referred to in Section 17.1, Paragraph one of the Insolvency Law, the Director of the Insolvency Administration shall take a decision on terminating the operation of the certificate.

128. If any of the circumstances referred to in Section 17.2, Paragraph one of the Insolvency Law applies to an administrator who has a valid certificate, the Director of the Insolvency Administration shall take a decision on terminating the operation of the certificate.

129. If an administrator who has a valid certificate submits an application referred to in Section 17.4, Paragraph one of the Insolvency Law, the Director of the Insolvency Administration shall take a decision on terminating the operation of the certificate.

Prime Minister Māris Kučinskis

Minister for Justice Dzintars Rasnačs

 

Annex 1
Cabinet Regulation No. 288
30 May 2017

Examination Register of Applicants for the Office of Administrator of Insolvency Proceedings and the Qualification Examination Register of the Administrators of Insolvency Proceedings

[22 August 2017]

Examination   part
  (the first/second/third)  

     
  (place, date)

 

No. Given name,
surname

Personal identity number The applicant's signature regarding arrival Number of the applicant's paper Note regarding the time of submitting the examination sheets Applicant's identification number Note regarding the warning given during the examination Notes
                 
                 

Minister for Justice Dzintars Rasnačs

 

Annex 2
Cabinet Regulation No. 288
30 May 2017

Description of the Examination Assessment of Applicants for the Office of Administrator of Insolvency Proceedings and the Qualification Examination Assessment of Administrators of Insolvency Proceedings

[22 August 2017]

No. Assessment Level of acquisition Explanation
1. 10 With distinction Knowledge exceeds the required amount of knowledge and suggests an independent, in-depth knowledge acquisition and a deep understanding of issues related to the laws and regulations governing the operation of the administrators of insolvency proceedings.
2. 9 Excellent Complete understanding of the laws and regulations governing the operation of the administrators of insolvency proceedings and the ability to apply their knowledge freely in dealing with issues related to the performance of administrator's duties.
3. 8 Very good Complete understanding of the laws and regulations governing the operation of the administrators of insolvency proceedings, skill to practically apply the acquired knowledge in the performance of administrator's duties is acquired, but at the same time there is a lack of deeper understanding and ability to use this knowledge in solving more complicated problems.
4. 7 Good Understanding of the laws and regulations governing the operation of the administrators of insolvency proceedings, skill to apply the acquired knowledge in the performance of administrator's duties is acquired, at the same time there are some minor deficiencies in understanding some issues.
5. 6 Almost good Satisfactory understanding of the laws and regulations governing the operation of the administrators of insolvency proceedings, but there is not sufficiently deep understanding of some issues and there is inability to use the acquired knowledge in solving particular problems.
6. 5 Satisfactory Satisfactory understanding of the most often used laws and regulations governing the operation of the administrators of insolvency proceedings and at the same time there is a lack of understanding of several issues.
7. 4 Almost satisfactory Generally satisfactory understanding of the most often used laws and regulations governing the operation of the administrators of insolvency proceedings and at the same time there are deficiencies in the ability to apply the acquired knowledge in practice.
8. 3 Bad Superficial knowledge of the laws and regulations governing the operation of the administrators of insolvency proceedings, lack of skills to apply it in practice in performing the administrator's duties.
9. 2 Very bad Superficial knowledge of some laws and regulations governing the operation of the administrators of insolvency proceedings.
10. 1 Unsatisfactory No understanding of the most commonly used laws and regulations governing the operation of the administrators of insolvency proceedings.

 

Annex 3
Cabinet Regulation No. 288
30 May 2017

Assessment Sheet of the First Part of the Examination Work of an Administrator of Insolvency Proceedings

1. Identification No. of the administrator applicant  
2. Examination date
3. Assessment results
Question number Assessment, points Notes Assessor's
given name, surname

Assessment date Assessor's signature
1.          
2.  
3.  
4.  
5.  
6.  
7.  
8.  
9.  
10.  
11.  
12.  
13.  
14.  
15.  
16.  
17.  
18.  
19.  
20.  
TOTAL  
4. The overall assessment of the examination work is __________ points.
5. Date ________________________.
Chairperson of the Examination Commission      
  (given name, surname)   (signature)

Minister for Justice Dzintars Rasnačs

 

Annex 4
Cabinet Regulation No. 288
30 May 2017

Assessment Sheet of the Second Part of the Examination of an Administrator of Insolvency Proceedings

1. Identification No. of the administrator applicant  
2. Examination date
3. Examination paper No.
4. Assessment results
Assessment, points Notes Assessor's
given name, surname

Assessment date Assessor's signature
         
5. The assessment of the examination work is __________ points.
6. Date __________________.
Chairperson of the Examination Commission      
  (given name, surname)   (signature)

Minister for Justice Dzintars Rasnačs

 

Annex 5
Cabinet Regulation No. 288
30 May 2017

Assessment Sheet of the Third Part of the Examination of an Administrator of Insolvency Proceedings

1. Given name, surname  
2. Examination date
3. Examination work paper No.
4. Assessment result
Assessment, points Notes
   

5. Results of the structured interview

Notes Assessor's given name, surname Assessment date Assessor's signature
6. The overall assessment of the examination work is __________ points.
7. Date _______________________.
Chairperson of the Examination Commission      
  (given name, surname)   (signature)

Minister for Justice Dzintars Rasnačs

 

Annex 6
Cabinet Regulation No. 288
30 May 2017

Office Licence Sample of an Administrator of Insolvency Proceedings

1. The front side (the obverse) of the office licence of an administrator of insolvency proceedings

Amata apliecība Office licence
Nr. 000000 No. 000000
Vārds Uzvārds Given name, surname
Maksātnespējas procesa administrators Administrator of Insolvency Proceedings
Izdota 2017. Gada xx. februārī Issued on xx February 2017

2. The reverse side (the reverse) of the office licence of an administrator of insolvency proceedings

Maksātnespējas procesa administratora apliecība Licence of an Administrator of Insolvency Proceedings
Atrašanas gadījumā apliecību lūdzam nodot Maksātnespējas administrācijā, Mārstaļu ielā 19, Rīgā, tālr.: 67099100 In case of finding, please, send the certificate to the Insolvency Administration,
Mārstaļu Street 19, Rīga, tel.: +371 67099100

Minister for Justice Dzintars Rasnačs

 

Annex 7
Cabinet Regulation No. 288
30 May 2017

Office Licence Register of Administrators of Insolvency Proceedings

Date    
Place  
No. Given name, surname Personal identity number Office licence No. Term of validity of the office licence Date of issue of the office licence Date of suspending the professional activity and the date of reinstatement Deadline for extending the professional activity Date
on which the office licence has been annulled
Date of issue of the office licence
from until suspended renewed until

Minister for Justice Dzintars Rasnačs

 

Annex 8
Cabinet Regulation No. 288
30 May 2017

Assessment Sheet of the First Part of Qualification Examination Work of an Administrator of Insolvency Proceedings

1. Administrator's identification No.  
2. Examination date
3. Examination paper No.
4. Assessment results
Assessment, points Notes Assessor's
given name, surname
Assessment
date
Assessor's
signature
5. The overall assessment of the examination work is __________ points.
6. Date _____________.
Chairperson of the Examination Commission      
(given name, surname) (signature)

Minister for Justice Dzintars Rasnačs

 

Annex 9
Cabinet Regulation No. 288
30 May 2017

Assessment Sheet of the Second Part of Qualification Examination Work of an Administrator of Insolvency Proceedings

1. Administrator's identification No.  
2. Examination date
3. Examination paper No.
4. Assessment results
Assessment, points Notes Assessor's
given name, surname
Assessment
date
Assessor's
signature
         
5. The assessment of the examination work is __________ points.
6. Date _____________.
Chairperson of the Examination Commission      
(given name, surname) (signature)

Minister for Justice Dzintars Rasnačs

 


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 288Adoption: 30.05.2017.Entry into force: 03.06.2017.Publication: "Latvijas Vēstnesis", 108 (5935), 02.06.2017. OP number: 2017/108.5
Language:
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