The Supreme Council of the Republic of Latvia has adopted a law:

On the Enterprise Register of the Republic of Latvia

Chapter One
General Provisions

[17 February 2005]

The objective of the operation of the Enterprise Register of the Republic of Latvia (hereinafter - the Enterprise Register) is to register the legal entities specified in this Law in order to establish the legal status of legal entities and to ensure public credibility of the information laid down in laws and regulations (regarding the registered legal entities and legal facts), and also to ensure availability of the information laid down in laws and regulations.

The Enterprise Register is an institution of direct administration which acts under the supervision of the Minister for Justice.

Registration of the legal entities and legal facts laid down in this Law shall be carried out by State notaries of the Enterprise Register.

Chapter Two
Functions and Tasks of the Enterprise Register

[17 February 2005]

Section 1. Functions of the Enterprise Register

The Enterprise Register shall have the following functions:

1) to register merchants and their branches, representations of foreign merchants and organisations and representatives thereof, cooperative societies, European Economic Interest Groupings, European commercial companies, European cooperative societies, political parties and alliances thereof, administrators, insolvent entities, courses of legal protection and insolvency proceedings, courses of the release of a natural person from debt liabilities, associations and foundations, religious organisations and their institutions, trade unions, beneficial owners of legal arrangements, mass media, decisive influences, commercial pledges, spousal property relations and arbitration courts and to ensure the keeping of the relevant registers, and also to ensure the keeping of the Register of Public Entities and Institutions and the availability of information on the public entities and institutions entered therein;

2) to provide information on the registered legal entities and legal facts;

2¹) to provide the operation and development of the information system of the Enterprise Register;

3) to perform other functions laid down in laws and regulations.

[17 February 2005; 15 June 2006; 8 November 2007; 18 December 2008; 15 October 2009; 6 November 2013; 1 June 2017; 15 June 2021; 2 June 2022; 6 December 2023]

Section 2. Keeping of the Enterprise Register Journal

The Enterprise Register Journal shall be kept by the Enterprise Register in accordance with this Law and other laws and regulations.

[23 March 2017 / The new wording of Section shall come into force on 1 July 2018. See Paragraph 24 of Transitional Provisions]

Section 2.¹ Registration of Mass Media

Mass media shall be registered by the State notaries of the Enterprise Register in accordance with the law On the Press and Other Mass Media and other laws and regulations.

[17 April 1997; 14 June 2001]

Section 2.² Keeping of the Register of Public Organisations

The State notaries of the Enterprise Register shall keep the Register of Public Organisations (including political parties) in accordance with the law On Public Organisations and Associations Thereof, the provisions of this Law regarding the keeping of the Register of Associations and Foundations, the Law on the Procedures for the Coming into Force of the Associations and Foundations Law, the Law on the Procedures for the Coming into Force of the Law on Political Parties, and other laws and regulations.

[17 February 2005; 15 June 2006 / See Transitional Provisions]

Section 2.³ Registration of Commercial Pledges

The Register of Commercial Pledges shall be kept by the Enterprise Register in accordance with the procedures laid down in the Commercial Pledge Law.

[14 June 2001]

Section 2.⁴ Registration of Concession Contracts

[15 October 2009]

Section 2.⁵ Registration of Decisive Influence

The State notary of the Enterprise Register shall register a decisive influence in accordance with the Group of Companies Law and other laws and regulations.

[14 June 2001]

Section 2.⁶ Registration of Spousal Property Relations

The Spousal Property Relations Register shall be kept by the Enterprise Register in accordance with this Law, the Civil Law and other laws and regulations.

A State fee shall be paid for the making of entries in the Spousal Property Relations Register, the amount, payment procedures and relief of which shall be determined by the Cabinet.

[14 June 2001; 5 March 2009; 8 October 2020 / The new wording of Paragraph one shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

Section 2.⁷ Keeping of the Commercial Register

The Commercial Register shall be kept by the Enterprise Register in accordance with this Law, the Civil Law, and other laws and regulations.

[14 June 2001]

Section 2.⁸ Registration of Representations and Representatives of Foreign Merchants and Organisations

The registration of the representations and representatives of foreign merchants and organisations shall be carried out by the Enterprise Register in accordance with the procedures stipulated by the Cabinet.

A State fee shall be paid for the registration of the representations and representatives of foreign merchants and organisations, the amount, payment procedures and relief of which shall be determined by the Cabinet.

[14 June 2001; 5 March 2009]

Section 2.⁹ Keeping of the Register of Trade Unions

[16 January 2014 / See Paragraph 22 of the Transitional Provisions]

Section 2.¹⁰ Keeping of the Register of Associations and Foundations

The Register of Associations and Foundations shall be kept by the Enterprise Register in accordance with this Law, the Associations and Foundations Law, and other laws and regulations.

[18 March 2004]

Section 2.¹¹ Keeping of the Register of European Economic Interest Groupings

The Register of European Economic Interest Groupings shall be kept by the Enterprise Register in accordance with laws and regulations.

[18 March 2004]

Section 2.¹² Registration of European Commercial Companies

Entries in the Commercial Register on European commercial companies shall be made by the Enterprise Register in accordance with the laws and regulations governing commercial activities.

The tasks specified in Article 8(8), Article 25(2), Article 26(1), Article 54(2), Article 55(3) and Article 64 of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) shall be fulfilled by the Enterprise Register.

[28 October 2004]

Section 2.¹³ Keeping of the Arbitration Court Register

The Arbitration Court Register shall be kept by the Enterprise Register in accordance with the procedures stipulated by the Cabinet.

[17 February 2005]

Section 2.¹⁴ Keeping of the Register of Political Parties

The Register of Political Parties shall be kept by the Enterprise Register in accordance with this Law, the Law on Political Parties, and other laws and regulations.

[15 June 2006 / This Section shall come into force concurrently with the Law on Political Parties. See Transitional Provisions]

Section 2.¹⁵ Registration of European Cooperative Societies

The Enterprise Register shall make entries in the Enterprise Register Journal on the European cooperative societies in accordance with the laws and regulations governing the activities of European cooperative societies.

The tasks specified in Article 7(8), Article 29(2), Article 30(1), Article 54(2), and Article 73(1) of Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) shall be fulfilled by the Enterprise Register.

[15 June 2006 / This Section shall be applicable starting from 18 August 2006. See Transitional Provisions]

Section 2.¹⁶ Keeping of the Insolvency Register

The Insolvency Register shall be kept by the Enterprise Register in accordance with this Law, the Insolvency Law, and other laws and regulations.

[8 November 2007]

Section 2.¹⁷ Keeping of the Register of Religious Organisations and Institutions Thereof

The Register of Religious Organisations and Institutions Thereof shall be kept by the Enterprise Register in accordance with this Law, the Law on Religious Organisations, and other laws and regulations.

[18 December 2008]

Section 2.¹⁸ Registration of Public-Private Partnership Contracts

[2 June 2022]

Section 2.¹⁹ Keeping of the Register of Public Entities and Institutions

The Register of Public Entities and Institutions shall be kept by the Enterprise Register in accordance with this Law and other laws and regulations.

[1 June 2017 / Section shall come into force from 1 March 2018. See Paragraph 30 of Transitional Provisions]

Section 2.²⁰ Keeping of the Register of Beneficial Owners of Legal Arrangements

The Register of Beneficial Owners of Legal Arrangements shall be kept by the Enterprise Register in accordance with the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing, this Law, and other laws and regulations.

A State fee shall be paid for the registration of information in the Register of Beneficial Owners of Legal Arrangements the amount and payment procedures of which shall be determined by the Cabinet.

[6 December 2023]

Section 3. Legal Basis of the Activities of the Enterprise Register

The activities of the Enterprise Register shall be governed by this Law, the By-law of the Enterprise Register approved by the Cabinet, and other laws and regulations.

[5 October 1995; 14 June 2001]

Section 3.¹ Restrictions on the Rectification and Erasure of Personal Data

In order to promote the safety and stability of the economic and legal environment, to ensure the public credibility and availability of entries of the registers kept by the Enterprise Register and the integrity and unchangeability of documents, a person does not have the right, in any case, to rectify or erase the personal data included in entries of the registers kept by the Enterprise Register, other information registered in registers, and also in documents that are part of a registration file of legal entities and legal facts, for such a period of time which conforms to the period of time in which the relevant information or documents must be stored in the registers kept by the Enterprise Register.

[14 November 2019]

Section 4. Tasks of the Enterprise Register

In order to ensure the fulfilment of its functions, the Enterprise Register shall carry out the following tasks:

1) accept and examine the documents laid down in laws and regulations for the registration of legal entities and legal facts in the Enterprise Register, the documents about changes in the relevant registers or about amendments to the documents of incorporation and documents of operation and store the documents laid down in laws and regulations;

2) decide on the registration of the legal entities and legal facts to be registered in the Enterprise Register, on changes in the relevant register or amendments to documents of incorporation and documents of operation, and make the relevant entry, or in the cases laid down in laws and regulations take a decision with a substantiated refusal or on postponing the registration, indicating the term for the elimination of deficiencies;

2¹) upon registering the legal entities to be registered in the Enterprise Register as taxpayers in accordance with the procedures laid down in the laws and regulations governing the field of taxes, assign each of them an individual identifier of the recipient of payment of the Single Euro Payments Area;

3) without taking a separate decision, register the decisions and orders of competent authorities or officials by which means of security has been applied;

3¹) ensure execution of the ruling taken in criminal proceedings by which a person has been deprived of the right to perform commercial activities of all types, and also the ruling rendered in criminal proceedings or administrative offence proceedings by which a person has been deprived of the right to hold specific offices, and shall immediately notify the relevant authorities or officials, and also the relevant merchant of violations of conditions for execution;

3²) ensure that a natural person is not entitled to hold certain offices in a commercial company if he or she is subject to a restriction on commercial activities in a European Union Member State, the Republic of Iceland, the Kingdom of Norway, or the Principality of Liechtenstein (hereinafter in this Chapter - the Member State);

4) notify the relevant authorities of the possible violations of laws and regulations, draw up administrative offence report on the found violations of laws and regulations, examine administrative offence cases and impose sanctions;

5) [14 November 2019];

5¹) [7 January 2021];

5²) update the information to be entered in the registers kept by the Enterprise Register in the cases laid down in laws and regulations;

5³) verify whether the name (firm name) of an enterprise (company), merchant, European economic interest grouping, representative office, association and foundation, trade union, political party, arbitration courts, religious organisation and its institution is different from the names (firm names) entered in or applied for entering in the Enterprise Register Journal, the Commercial Register, the Register of European Economic Interest Groupings, the Register of Representative Offices, the Register of Associations and Foundations, the Register of Political Parties, the Register of Political Organisations (Parties), the Arbitration Court Register, the Register of Public Organisations, and the Register of Religious Organisations and Institutions Thereof (hereinafter in Sections 5, 8, 14, 18.¹, 18.⁶, 18.¹⁴ of this Law - the registers kept by the Enterprise Register);

5⁴) maintain and improve the information system of the Enterprise Register and ensure its interoperability and data exchange with other State information systems and the system of interconnection of central, commercial and companies registers (hereinafter - the system of interconnection of registers);

5⁵) in the cases specified in laws and regulations shall ensure access to the data maintained by the Enterprise Register to the public in online data transmission mode;

5⁶) ensure transformation of registration files in electronic form for storage in electronic environment in accordance with the laws and regulations regarding management of archives;

5⁷) in accordance with the procedures laid down in laws and regulations prepare and provide information from the information system of the Enterprise Register;

5⁸) [14 November 2019];

5⁹) provide information to the State Revenue Service on the applications received for making entries or registration of documents (adding to the file) in the registers kept by the Enterprise Register in the cases specified in Section 4.¹⁶, Paragraph one of this Law;

5¹⁰) enter information on a public entity and institution;

5¹¹) ensure the division of registration files in public and non-public part;

5¹²) for the purpose of identification of the requesters of electronic services, store the identifying data and contact details of the requesters of such services and the users of electronic services and also verify the accuracy of the data of the users of electronic services in the Population Register under the management of the Office of Citizenship and Migration Affairs;

5¹³) perform the exchange of information and documents with foreign registers, using the system of interconnection of registers, and also register and store the messages received and sent therein;

5¹⁴) in order to ensure access to the information on the beneficial owners of legal entities registered in the Member States and of legal arrangements established in the Member States and to ensure the possibility for providing information in relation to the information ascertained during the course of customer due diligence on non-conformity of beneficial owners with the information registered in the registers kept by the Enterprise Register on beneficial owners, receive, maintain, and transfer in the system of interconnection of registers the data identifying a user in the field of the prevention of money laundering and terrorism and proliferation financing of the law enforcement authorities and also the Financial Intelligence Unit of Latvia and the supervisory and control authorities;

5¹⁵) analyse legal acts, decisions, information provided by other authorities and publicly available information on imposed international and national sanctions (financial and civil legal restrictions) and sanctions determined by a North Atlantic Treaty Organisation member country which, in accordance with the regulations of Latvijas Banka, significantly affect the interests of financial market participants or the financial market (hereinafter - the sanctions of a North Atlantic Treaty Organisation member country), in conjunction with the information entered or registered in the registers kept by the Enterprise Register and other documents submitted thereto, in order to assess the application of the imposed sanctions to the legal entities registered in the registers kept by the Enterprise Register and to ensure public availability of such information;

5¹⁶) in order to ensure availability of information on the beneficial owners of legal arrangements, accept and examine the documents submitted by the authorised representatives (managers) of legal arrangements, and take the decision to register information on the beneficial owners of the legal arrangement in the relevant register;

6) perform other tasks laid down in laws and regulations.

[17 February 2005; 15 June 2006; 6 March 2008; 28 October 2010; 29 November 2012; 6 November 2013; 16 January 2014; 23 November 2016; 23 March 2017; 1 June 2017; 14 November 2019; 8 October 2020; 7 January 2021; 6 July 021; 11 May 2023; 5 October 2023; 6 December 2023]

Section 4.¹ Confirmation of the Signature of a Person

[7 January 2021]

Section 4.² Imposition of International and National Sanctions of the Republic of Latvia

If an international or national sanction of the Republic of Latvia is imposed on a person for civil legal restrictions, the State notary of the Enterprise Register shall take a decision:

1) to postpone making an entry in the Commercial Register if an application for making an entry on the commercial company or European commercial company in the Commercial Register has been submitted and a civil legal restriction has been imposed on the founder or member thereof. If the company is founded by one founder on whom a civil legal restriction has been imposed, the State notary of the Enterprise Register shall take a decision to refuse to make an entry in the Commercial Register;

2) to postpone making an entry in the Enterprise Register Journal if an application for entering a cooperative society or European cooperative society in the Enterprise Register Journal has been submitted and a civil legal restriction has been imposed on the founder thereof;

3) refuse to make an entry on a member of a partnership, if an application for entering the member of the partnership in the Commercial Register has been submitted and a civil legal restriction has been imposed on the relevant person, except when the investment (capital) shares of the member are inherited;

4) to refuse to add a division of the register of shareholders (stockholders) to the registration file of a capital company if an application for adding a division of the register of shareholders (stockholders) to the registration file has been submitted and a civil legal restriction has been imposed on the shareholder (stockholder) thereof, except for the case when the equity capital shares of the shareholder (stocks of the stockholder) are inherited;

5) to refuse to add a division of the register of shareholders (stockholders) to the registration file of a capital company if an application for adding a division of the register of shareholders (stockholders) to the registration file has been submitted and the number of equity capital shares (stocks) of a person on whom a civil legal restriction has been imposed has decreased;

6) to refuse making an entry in the register of commercial pledges on the registration of a commercial pledge, on the registration of the cession of the ensured claim and registration of the commercial pledge novation if the civil legal restriction has been imposed on the commercial pledgor or commercial pledgee;

7) to refuse to make an entry in the Spousal Property Relations Register on the registration of a new agreement if a civil legal restriction has been imposed on a spouse.

If the Enterprise Register has information that international or national sanctions (financial or civil legal restrictions) or sanctions of a North Atlantic Treaty Organisation member country have been imposed on the legal entity registered in one of the registers kept by the Enterprise Register or a person in respect of which information is entered or registered in one of the registers kept by the Enterprise Register, the Enterprise Register shall immediately, but not later than within five working days, without taking a separate decision, register and update the information that international or national sanctions or sanctions of a North Atlantic Treaty Organisation member country have been imposed on the legal entity registered in one of the registers kept by the Enterprise Register or the person entered or registered in one of the registers kept by the Enterprise Register. When registering information on the sanctions imposed, the Enterprise Register shall indicate the document according to which the sanctions were imposed.

If the sanctions referred to in Paragraph two of this Section have been imposed on the person in respect of which information is entered or registered in one of the registers kept by the Enterprise Register, the Enterprise Register shall register information on the sanctions imposed on the relevant person, register information on the legal entity in whose registration file the relevant person is entered or registered on whom the sanctions referred to in this Section have been imposed, and register and update information that the legal entity may be at increased risk of sanctions (hereinafter - the risk of sanctions).

If the Enterprise Register, having assessed the information on the imposed international and national sanctions (financial and civil legal restrictions) and sanctions of a North Atlantic Treaty Organisation member country in conjunction with the information entered or registered in the registers kept by the Enterprise Register and documents at its disposal, concludes that the legal entity registered in the registers kept by it may be controlled by the subject of sanctions which is not entered or registered in one of the registers kept by the Enterprise Register, the Enterprise Register shall, without taking a separate decision, register and update information on the risk of sanctions in relation to the legal entity and, in addition to the information on the risk of sanctions in relation to the legal entity, shall indicate information on the relationship of the subject of sanctions to the legal entity registered in the registers kept by the Enterprise Register and the following information on the subject of sanctions:

1) if the subject of sanctions is a legal person - the name, registration number, and country of registration;

2) if the subject of sanctions is a natural person - the given name, surname, personal identity number (if the person does not have a personal identity number, the date of birth shall be indicated), and nationality;

3) if the subject of sanctions is a subject of public international law - the name and other identifying information of the subject of public international law;

4) if the subject of sanctions is another identifiable entity - the name and other identifying information of the entity.

The indication of information registered in the Enterprise Register in accordance with the procedures laid down in Paragraphs two, three, and four of this Section or the absence of indication of the imposed international or national sanctions or sanctions of a North Atlantic Treaty Organisation member country shall not in itself exempt a person from the obligations laid down in the laws and regulations in the field of international and national sanctions.

[4 February 2016; 2 June 2022; 5 October 2023]

Section 4.³ Cross-border Merging of Capital Companies

[6 July 2021]

Section 4.⁴ Legal Basis for Making Entries and Verifying the Accuracy of Personal Data

An official of the Enterprise Register shall make an entry in the registers kept by the Enterprise Register on the basis of an application of the interested person, court ruling, decision of the State administration institution or notice which has been received in the mutual connectivity system of registers from a foreign register.

The Enterprise Register, on the basis of the information from the Register of Natural Persons, has the right to update information in the registers kept by the Enterprise Register, without taking a separate decision. The Enterprise Register, on the basis of the information from the State Address Register, has the right to update information on the addresses in the registers kept by the Enterprise Register, without taking a separate decision. The Enterprise Register, on the basis of an entry in one of its registers, has the right to update the information on a legal entity or a legal fact in other registers, without taking a separate decision.

Entries, on the basis of the decision of the State administration institution, shall be made in the event of the suspension, renewal or termination of activity for a legal entity. The Enterprise Register shall make entries on the basis of the decision of the tax administration in effect to suspend the economic activity of the legal entity, to renew the economic activity thereof, or to terminate the activity thereof and entries on the basis of the decision of the Director of the Insolvency Control Service on the administrator of insolvency proceedings, and also entries on the basis of a notification of a sworn notary or a court judgment within the scope of release of a natural person from debt liabilities, without taking a separate decision.

On the basis of the notice which has been received in the system of interconnection of registers from a foreign register, entries shall be made on the branch of a foreign merchant or a commercial company in the case of cross-border reorganisation. The Enterprise Register has the right to make entries on the basis of a notification which has been received in the system of interconnection of registers, without taking a separate decision.

An application shall be submitted for making an entry in the registers kept by the Enterprise register or adding a document to a registration file indicating the relevant legal entity or the information laid down in laws and regulations governing the legal fact regarding the legal entities or legal facts to be registered and registered in the registers kept by the Enterprise Register, and also:

1) the registration number of the legal entity or legal fact (except for the applications for entering the legal entity or legal fact in the relevant register kept by the Enterprise Register) and the name of the legal entity;

1¹) the type of the commercial company of the Member State and the register in which the commercial company of the Member State is entered;

2) the documents added to the application (name of the documents, number of copies and pages);

3) information on the payment of the State fee (payment reference number, payment reference (if it is not known - the payment document number), the payment date, the amount paid, the name of the payer - legal person - and the registration number or the given name, surname, and personal identity number of the payer - natural person (if there is no personal identity number, the date of birth shall be indicated), and the purpose of the payment - payment of the State fee). Information may be omitted if the payment has been made in the special online form under the management of the Enterprise Register or a document supporting the payment has been appended to the application in which the information referred to in this Clause is provided;

4) the type of receipt of the decision of the State notary of the Enterprise Register;

4¹) data identifying the person signing the application - given name, surname, and personal identity number (if the person does not have a personal identity number, the date of birth shall be indicated);

5) if desired - contact details for communication (electronic mail address or phone number);

6) other information if required by laws and regulations.

The application to be submitted to the Enterprise Register and the documents appended thereto shall be submitted electronically or in printed form, using postal services. A special online form, if any established, available on the website of the Enterprise Register shall be used for submitting the application electronically. If the law provides that the signature of a person on the document to be submitted to the Enterprise Register (application, document to be appended to the application, or another document) must be notarised, this requirement shall be fulfilled if the signature has been certified by a sworn notary or, where the document has been drawn up in electronic form, it has been signed with a secure electronic signature.

Derivatives of the documents to be submitted to the Enterprise Register shall be certified in accordance with the procedures laid down in laws and regulations. Public documents issued in foreign states shall be legalised in accordance with the procedures provided for in international agreements and they shall be accompanied by a notarised translation into Latvian. A certified translation in the Latvian language according to the laws and regulations determining the procedures by which translations of documents in the official language shall be certified, shall be appended to private documents in a foreign language. Documents to be submitted to the Enterprise Register in the Latvian language may be supplemented with a translation thereof in a foreign language. If an inconsistency is determined between a document submitted in the Latvian language and a translation thereof in a foreign language, a legal entity or a person in the interests of whom the translation has been submitted may not use it against a third party. The third party in respect of the legal entity or the person in the interests of whom the translation has been submitted may refer to this translation, except for the case when the third party knew the content of the document in the Latvian language.

The Enterprise Register shall use data of other State information systems necessary for its operation in order to verify the accuracy of the data provided thereto. The Enterprise Register shall verify the accuracy of personal data in the Register of Natural Persons under the management of the Office of Citizenship and Migration Affairs in order to identify the natural person and verify personal data, i.e. the status of the person (alive or deceased), capacity to act, legal status, and other personal data provided for in laws and regulations, and to ensure the notification of documents to the person.

[23 March 2017; 8 October 2020; 6 July 2021; 15 June 2021; 11 May 2023; 6 December 2023]

Section 4.⁵ Provision of Execution of the Ruling by which a Person has been Deprived of the Right to Perform Commercial Activities of All Types

On the basis of a ruling made in criminal proceedings by which a person has been deprived of the right to perform commercial activities of all types, the State notary of the Enterprise Register shall take a decision to:

1) postpone making an entry in the Commercial Register, if an application for entering a commercial company or a European commercial company in the Commercial Register has been submitted and the founder or member thereof, member of the executive body or supervisory body, or a procurator has been deprived of the right to perform commercial activities of all types. If the company is founded by one founder, which has been deprived of the right to perform commercial activities of all types, the State notary of the Enterprise Register shall take a decision to refuse to make an entry in the Commercial Register;

2) postpone making an entry in the Commercial Register, if an application for entering a branch of a foreign merchant in the Commercial Register has been submitted and the person who is authorised to represent the foreign merchant in activities related to the branch has been deprived of the right to perform commercial activities of all types;

3) refuse to make an entry in the Commercial Register or the Enterprise Register Journal on appointing of a member of the executive body or supervisory body, a person who is authorised to represent a foreign merchant in activities related to the branch, a procurator or a liquidator, if the relevant person has been deprived of the right to perform commercial activities of all types;

4) refuse to make an entry in the Commercial Register on an individual merchant, if an application for entering the individual merchant in the Commercial Register has been submitted and the relevant person has been deprived of the right to perform commercial activities of all types;

5) postpone making an entry in the Commercial Register or the Enterprise Register Journal, if an application for entering the reorganisation of a commercial company or cooperative society in the Commercial Register has been submitted and a member of the executive body or supervisory body thereof, or a procurator has been deprived of the right to perform commercial activities of all types;

6) postpone making an entry in the Commercial Register or the Enterprise Register Journal, if an application for entering the liquidation of a commercial company or cooperative society in the Commercial Register has been submitted and the liquidator thereof has been deprived of the right to perform commercial activities of all types;

7) postpone making an entry in the Enterprise Register Journal, if an application for entering a cooperative society or a European cooperative society in the Enterprise Register Journal has been submitted and the founder thereof, a member of the executive body or supervisory body, or a procurator has been deprived of the right to perform commercial activities of all types;

8) refuse to make an entry in the Enterprise Register Journal, if an application for entering an individual undertaking, farm or fishing undertaking in the Enterprise Register Journal has been submitted and the founder thereof has been deprived of the right to perform commercial activities of all types;

9) refuse to make an entry on a member of a partnership, if an application for entering the member of the partnership in the Commercial Register has been submitted and the relevant person has been deprived of the right to perform commercial activities of all types, except when the investment (capital) shares of the member are inherited;

10) refuse to add a division of the register of shareholders (stockholders) to the registration file of a capital company if an application for adding a division of the register of shareholders (stockholders) to the registration file has been submitted and the shareholder (stockholder) thereof has been deprived of the right to engage in commercial activities of all types, except for the case when the equity capital shares of the shareholder (stocks of the stockholder) are inherited.

If a person who has been entered in the Commercial Register as a member of the executive body or supervisory body of a commercial company or European commercial company, a liquidator or a procurator thereof, or who has been entered in the Enterprise Register Journal as a member of the executive body or supervisory body of a cooperative society or a European cooperative society, a liquidator or a procurator thereof, has been deprived of the right to perform commercial activities of all types, the State notary of the Enterprise Register shall make an entry in the relevant register on the deletion of the person from the register.

If a person who has been entered in the Commercial Register as an individual merchant has been deprived of the right to perform commercial activities of all types, the State notary of the Enterprise Register shall make an entry in the Commercial Register on the suspension of the economic activity of the individual merchant.

If a member of a partnership who has the right of representation has been deprived of the right to perform commercial activities of all types, the State notary of the Enterprise Register shall make an entry on the deletion of the right of representation of such person from the Commercial Register.

If an owner of an individual undertaking, farm or fishing undertaking who has the right of representation has been deprived of the right to perform commercial activities of all types, the State notary of the Enterprise Register shall make an entry in the Enterprise Register Journal on the non-existence of the right to represent the individual undertaking, farm or fishing undertaking.

[29 November 2012; 2 May 2013; 2 June 2022 / The new wording of Clause 10 of Paragraph one shall come into force on 1 July 2023. See Paragraph 45 of Transitional Provisions]

Section 4.⁶ Provision of Execution of the Ruling by which a Person has been Deprived of the Right to Hold Specific Offices

On the basis of a ruling made in criminal proceedings or administrative offence proceedings by which a person has been deprived of the right to hold specific offices, the State notary of the Enterprise Register shall take a decision to:

1) postpone making an entry in the Commercial Register, if an application for entering a commercial company or a European commercial company in the Commercial Register has been submitted and the member thereof, member of the executive body or supervisory body, or a procurator has been deprived of the right to hold specific offices;

2) postpone making an entry in the Enterprise Register Journal, if an application for entering a cooperative society or a European cooperative society in the Enterprise Register Journal has been submitted and a member of the executive body or supervisory body thereof or a procurator has been deprived of the right to hold specific offices;

3) refuse to make an entry in the Commercial Register or the Enterprise Register Journal on the appointment of a member of the executive body or supervisory body, a person who is authorised to represent a foreign merchant in activities related to the branch, a procurator or a liquidator, if the relevant person has been deprived of the right to hold specific offices;

4) postpone making an entry in the Commercial Register, if an application for entering a branch of a foreign merchant in the Commercial Register has been submitted and the person who is authorised to represent the foreign merchant in activities related to the branch has been deprived of the right to hold specific offices;

5) postpone making an entry in the Commercial Register or the Enterprise Register Journal, if an application for entering the reorganisation of a commercial company or cooperative society in the Commercial Register has been submitted and a member of the executive body or supervisory body thereof or a procurator has been deprived of the right to hold specific offices;

6) postpone making an entry in the Commercial Register or the Enterprise Register Journal, if an application for entering the liquidation of a commercial company or cooperative society in the Commercial Register has been submitted and the liquidator thereof has been deprived of the right to hold specific offices.

If a person who has been entered in the Commercial Register as a member of the executive body or supervisory body of a commercial company or European commercial company, a liquidator or a procurator thereof, or who has been entered in the Enterprise Register Journal as a member of the executive body or supervisory body of a cooperative society or a European cooperative society, a liquidator or a procurator thereof has been deprived of the right to hold specific offices, the State notary of the Enterprise Register shall make an entry in the relevant register on the deletion of the person from the register.

If a member of a partnership who has the right of representation has been deprived of the right to hold specific offices, the State notary of the Enterprise Register shall make an entry on the deletion of the right of representation of such person from the Commercial Register.

[29 November 2012]

Section 4.⁷ Notice of the Received Applications

An official of the Enterprise Register shall send a notice to a person on each application received in the registration file of the legal entity and the changes registered therein, if the person has submitted a request for sending such notice.

An official of the Enterprise Register shall send the notice on the day when the application has been received.

The nature of the application received at the Enterprise Register and the date of receipt shall be indicated in the notice.

The way and procedures for sending the notification shall be determined by the Cabinet.

[2 May 2013; 14 November 2019]

Section 4.⁸ Information System of the Enterprise Register

The information system of the Enterprise Register is a State information system the manager and keeper of which is the Enterprise Register.

The software of the information system of the Enterprise Register and its hardware which ensures the operation of such system are State property.

The legal entities and legal facts referred to in this Law shall be registered in electronic form, the registers laid down in this Law shall be kept, the documents specified in the laws and regulations regarding registration of legal entities and legal facts shall be kept, and also registration files shall be kept in the information system of the Enterprise Register.

The Enterprise Register shall ensure, with the aid of its information system, access to the information specified in laws and regulations regarding registered legal entities and legal facts, and also carry out other tasks specified in this Law.

The latest (current) data shall be registered in the information system of the Enterprise Register, saving the previously registered (historical) data concurrently.

Entries in the information system of the Enterprise Register shall be made according to the legal grounds for making entries specified in this Law.

The norms of this Law, and also the norms which are laid down in the laws and regulations regarding registration of legal entities and legal facts in the Enterprise Register shall apply to making entries in the information system of the Enterprise Register.

[6 November 2013]

Section 4.⁹ Legal Status of Entries in Registers of the Information System of the Enterprise Register and Storage of Register Information

Entries in registers of the information system of the Enterprise Register have public credibility, unless specified otherwise in laws and regulations.

Entries in registers and other information recorded in the registers and also entries in the Register of Public Entities and Institutions shall be stored indefinitely unless another storage period is laid down in laws and regulations. The storage period for documents added to the registration file shall be established in accordance with the laws and regulations in the field of archive management.

[6 November 2013; 8 October 2020]

Section 4.¹⁰ The Right of Persons to Use Information of the Enterprise Register

Upon request of the Saeima, the Cabinet, State institutions of direct administration, law enforcement and control authorities and local governments, and also upon request of other such State administration institutions to which such rights are specified in law, and upon request of bailiffs the Enterprise Register shall provide the information necessary for the performance of their functions from registers free of charge, conforming to the restrictions laid down in laws and regulations.

Anyone has the right to request and receive information from the registers kept by the Enterprise Register in conformity with the restrictions laid down in laws and regulations.

[14 November 2019]

[16 January 2014]

The Enterprise Register shall provide the information and documents which are included in the public part of the registration file (Section 4.¹⁵, Paragraph one) in online data transmission mode (including for bulk download) free of charge.

The Enterprise Register may agree with the person requesting information on permanent cooperation in provision of the information at the disposal of the Register.

The requester shall pay for the preparation, provision, or ensuring the availability of the information in the registers kept by the Enterprise Register, if the information is not provided in accordance with Paragraph five of this Section, in the amount specified in the laws and regulations regarding the paid services provided by the Enterprise Register.

The Cabinet shall determine the procedures for requesting and issuing information to be provided from registers, and also procedures for paying for the provision of information.

The Enterprise Register may refuse to carry out a request for information in the cases laid down in the laws and regulations regarding freedom of information, and also if the requirements laid down in the laws and regulations regarding requesting and provision of information from the registers kept by the Enterprise Register are not conformed to.

A decision of the Chief State Notary to refuse to carry out a request for information or on action of the Enterprise Register, which has manifested as non-provision or inadequate provision of information, may be appealed in accordance with the procedures laid down in Section 19 of this Law. A judgment of the Administrative District Court may be appealed in accordance with the procedures laid down in Section 15, Paragraph two of the Freedom of Information Law.

The recipient of the information from the registers kept by the Enterprise Register does not have the right to reuse the documents which are included in the non-public part of the registration file of legal entities and legal facts.

Upon ensuring access to information in the form of open data, the Enterprise Register shall provide the following information in relation to natural persons:

1) on a member of the executive board, a member with the right of representation, or another official with the right of representation of a legal entity - the given name, surname, part of personal identity number (if the person does not have a personal identity number, the month and year of birth shall be indicated), and the uniform resource identifier assigned by the Enterprise Register;

2) on a beneficial owner of a legal entity and legal arrangement - the given name, surname, part of personal identity number (if the person does not have a personal identity number, the month and year of birth shall be indicated), nationality, country of residence, and the uniform resource identifier assigned by the Enterprise Register;

3) on shareholders (stockholders) of a capital company - the given name, surname, part of personal identity number (if the person does not have a personal identity number, the month and year of birth shall be indicated), and the uniform resource identifier assigned by the Enterprise Register;

4) on the subject of sanctions - the given name, surname, part of personal identity number (if the person does not have a personal identity number, the date of birth shall be indicated), and the uniform resource identifier assigned by the Enterprise Register.

[6 November 2013; 16 January 2014; 14 November 2019; 8 October 2020; 2 June 2022; 5 October 2023; 6 December 2023 / See Paragraph 50 of Transitional Provisions]

Section 4.¹¹ Information to be Published on the Website of the Enterprise Register

The Enterprise Register shall ensure that an unidentified user has public access to the following latest (most current) information on its website on the legal entities and legal facts registered in the registers kept by the Enterprise Register:

1) entries of registers;

2) other registered information.

The Enterprise Register shall ensure that entries of the Register of Public Entities and Institutions specified in this Law and all entries of the Insolvency Register specified in the Law on Release of a Natural Person from Debt Liabilities and the Insolvency Register specified in the Insolvency Law, and also the agenda of the meeting of creditors and the notice of the administrator to creditors of the meeting of creditors are publicly available to an unidentified user on its website free of charge.

Anyone has the right to obtain information on the right of a person to represent a legal person or on the relation of a person with entries of the Enterprise Register, indicating information identifying such person in the request, from the website of the Enterprise Register free of charge.

Information provided by the Enterprise Register on the website from the registers kept thereby shall correspond to entries of the registers kept by the Enterprise Register, other registered information, and the documents in the registration file. The requester of information may be confident that such information is true and reliable.

[14 November 2019; 15 June 2021]

Section 4.¹² Provision of Execution of a Legal Impediment Registered with the State Revenue Service

On the basis of a decision of the State Revenue Service to include a person in the list of risk persons, the Enterprise Register shall take a decision to:

1) refuse to make an entry in the Commercial Register if an application for the appointment of a member of the executive body or supervisory body of a commercial company, a procurator, a liquidator or a person who is authorised to represent a foreign merchant in activities related to the branch, has been submitted and the person has been included in the list of risk persons;

2) refuse to make an entry in the Commercial Register if an application for entering a member with the right to represent a partnership in the Commercial Register has been submitted and the person has been included in the list of risk persons;

3) postpone making an entry in the Commercial Register, if an application for entering a commercial company has been submitted and its member with the right of representation, member of the executive body or supervisory body, or a procurator has been included in the list of risk persons;

4) postpone making an entry in the Commercial Register, if an application for entering of a foreign branch in the Commercial Register has been submitted and the person who is authorised to represent the branch of the merchant in activities related to the branch has been included in the list of risk persons;

5) postpone making an entry in the Commercial Register, if an application for entering the reorganisation of a commercial company in the Commercial Register or appointing of a member of its executive body or supervisory body or a procurator has been submitted and the respective member of the executive body or supervisory body or procurator has been included in the list of risk persons;

6) postpone making an entry in the Commercial Register, if an application for entering the liquidation of a commercial company in the Commercial Register has been submitted and the respective liquidator has been included in the list of risk persons.

Based on the decision taken by the State Revenue Service to include the address of the taxpayer in the list of risk addresses, the Enterprise Register shall take a decision to postpone making the entry in the Commercial Register, if the application for entering the branch of the merchant or foreign merchant in the Commercial Register or application for changes in the legal address of the branch of the merchant or foreign merchant has been submitted, and the address of the branch of the merchant or foreign merchant has been included in the list of risk addresses.

[6 November 2013; 16 January 2014; 17 December 2014]

Section 4.¹³ Correction of Mistakes in the Entries in the Registers Kept by the Enterprise Register

If a spelling mistake is found in an entry of the registers kept by the Enterprise Register, the State notary of the Enterprise Register shall send a notice to the registered address of the legal entity or the address indicated by the person who has applied the registration of the legal fact, or, if an address has not been indicated in the application, to the address of the declared place of residence (if a mistake is found in the entry of the Insolvency Register, the notice shall be sent to the address of the place of practice of the administrator). The following shall be indicated in the notice:

1) what kind of error has been found in the entry;

2) how the entry will be corrected;

3) a reasonable period of time for raising of an objection.

If the legal entity or person does not raise any objections in the laid down period of time, the State notary of the Enterprise Register shall take a decision to correct the entry and shall make a note thereon in the entry of the relevant register.

The Enterprise Register shall, without delay, publish the decision to correct the entry in the official gazette Latvijas Vēstnesis if laws or regulations provide for a publication.

The provisions of Paragraph one of this Section shall not be applied if a spelling mistake in the entry has been found by the legal entity itself, a person who has applied for the registration of the legal fact, a court, an administrator in the entry or the Insolvency Register or in the case when the found mistake is obvious.

[23 March 2017; 6 July 2021]

Section 4.¹⁴ Sending a Decision of the State Notary of the Enterprise Register to an Electronic Mail Address

If a person does not have an activated account of the official electronic address, the State notary of the Enterprise Register shall notify the decision to enter the legal entity in the Register or to exclude it from the Register, and also the decision to postpone or refuse entering of the legal entity to the electronic mail address indicated by the person.

[1 June 2017 / The new wording of Section shall come into force on 1 January 2020. See Paragraph 26.¹ of Transitional Provisions]

Section 4.¹⁵ Public and Non-public Part of the Registration File

The following shall be included in the public part of the registration file:

1) entries of registers;

2) other registered information:

a) information from the documents in the registration file on the means of security specified in decisions and orders of competent authorities or officials, if such have been specified;

b) information from a division of the register of shareholders (stockholders) of a capital company on shareholders (stockholders) of the capital company and trustees for an estate, and information on stockholders of a joint-stock company indicated in the joint-stock company's notice on acquisition, increase, or reduction of stockholder participation;

c) information on the beneficial owners of legal persons and legal arrangements;

d) information that the legal entity or person in respect of which the information is entered or registered in one of the registers of the Enterprise Register is the subject of sanctions;

e) information that there is a risk of sanctions in relation to the legal entity which indicates that the legal entity is linked to the subject of sanctions pursuant to Section 4.², Paragraph three or four of this Law;

f) other information the availability of which in the Enterprise Register is specified by laws and regulations;

3) the following documents which are part of the registration file:

a) in the Commercial Register - the articles of association, the annual statement, and other reporting documents received at the Enterprise Register for publishing, division of the register of shareholders (stockholders), a joint-stock company's notice on acquisition, increase, or reduction of stockholder participation, the memorandum of association (decision) on founding, the regulations for the reduction of equity capital, the regulations for increasing equity capital, and the reorganisation contract, a notice to shareholders, creditors, and employee representatives (if there are none - to employees) inviting to express their views on the reorganisation contract or draft contract, a notice to creditors inviting them to submit their claims, a certification of a foreign merchant regarding registration of the company in the relevant country, the memorandum of association of the foreign merchant or an equivalent document, documents by which amendments to the previously indicated documents have been made, a court ruling regarding termination of the operation of the company, and the decision of a State notary to make an entry and to attach a document to the registration file;

b) in the Enterprise Register Journal - the articles of association, the reorganisation contract, the annual statement, documents by which amendments to the previously indicated documents have been made, and a court ruling on termination of the operation of the company;

c) in the Arbitration Court Register - the regulations of the arbitration court and the documents by which amendments to the regulations of the arbitration court have been made;

d) in the Register of Political Parties - the articles of association, the reorganisation contract, the programme, the annual statement, documents by which amendments to the previously indicated documents have been made, and a court ruling regarding termination of the operation of the political party;

e) in the Register of Associations and Foundations - the articles of association, the reorganisation contract, the annual statement, documents by which amendments to the previously indicated documents have been made, and a court ruling on termination of the operation of the association, foundation, trade union, association of trade unions, or permanent unit of the trade union;

f) in the Register of Religious Organisations and Institutions Thereof - the articles of association (constitution, by-law), documents by which amendments to the previously indicated document have been made, and a court ruling on termination of the operation of the religious organisations and institution thereof;

g) [2 June 2022];

h) in the Insolvency Register - the agenda of the meeting of creditors and the notice of the administrator of the meeting of creditors;

i) in the Register of Representative Offices - the articles of association (by-law) or another equivalent document of the foreign merchant or organisation, documents by which amendments to the previously indicated documents have been made, and a court ruling on termination of the operation of the representative office;

j) in the Register of Mass Media - a court ruling on termination of the operation of the mass media.

The documents and information which are part of the registration file and which are not indicated in Paragraph one of this Section shall be included in the non-public part of the registration file.

If the status of restricted access information has been specified for an entry of the Register or information registered in the Register or publishing thereof is restricted by a regulatory enactment, it shall be included in the non-public part of the registration file.

The information and documents included in the non-public part of the registration file (Paragraphs two and three of this Section) are restricted access information, and it may be obtained by law enforcement authorities for the performance of the tasks specified in laws and regulations, and also by the Financial Intelligence Unit of Latvia and supervisory and control authorities without restrictions in the field of the prevention of money laundering and terrorism and proliferation financing, but other authorities - by submitting a justified request. Information and documents of the non-public part of registration files of a private individual shall be requested in accordance with the procedures for requesting restricted access information laid down in the Freedom of Information Law.

[14 November 2019; 6 July 2021; 2 June 2022; 11 May 2023; 5 October 2023; 6 December 2023 / See Paragraph 50 of Transitional Provisions]

Section 4.¹⁶ Sending of Information for Verification at the State Revenue Service

The Enterprise Register shall send to the State Revenue Service any information on the applications received for making entries or registration of documents (adding to the file) in the Enterprise Register Journal, the Commercial Register, the Register of European Economic Interest Groupings, the Register of Representative Offices, and the Register of Associations and Foundations if:

1) several legal entities, branches, representative offices of foreign merchants or organisations registered in these registers are already registered at the legal address submitted for the entry specified in the application;

2) a member of the executive board, member with the right of representation, another official with the right of representation, or procurator is a member of the executive board, member with the right of representation, another official with the right of representation, or procurator in several legal entities registered in these registers;

3) one of the founders of the capital company is already one of the shareholders in several capital companies, except for the case when one of the founders of the capital company is a public entity within the meaning of the State Administration Structure Law;

4) the sole founder or one of the founders of a legal entity registered in these registers is a person who has been the sole founder or one of the founders in several legal entities registered in these registers within a year from the submission of the application.

The information referred to in Paragraph one of this Section shall be compared to the information entered in the registers kept by the Enterprise Register or the information on commercial companies and their branches, branches of foreign merchants, representative offices and representatives of foreign merchants and organisations, individual (family) undertakings, farms or fishing undertakings, cooperative societies, European Economic Interest Groupings and their branches, European commercial companies, European cooperative societies, associations, trade unions, and foundations.

In order to ensure the making of entries concerning merchants whose purpose is to perform commercial activity, the Enterprise Register shall send to the State Revenue Service the information referred to in Paragraph one, Clauses 1, 2, 3, and 4 of this Section.

In order to limit the activity of such providers of services of establishing and ensuring the operations of a legal arrangement and the activity of independent providers of legal services with similar responsibilities (within the meaning of the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing) (hereinafter - the provider of legal services) which have not submitted to the State Revenue Service a statement on the type of their economic activity, the Enterprise Register shall send to the State Revenue Service the information referred to in Paragraph one, Clauses 2, 3, and 4 of this Section and also provide to the State Revenue Service the information on persons who have signed the application for making an entry or registration of documents (adding to the file) in the registers kept by the Enterprise Register on the basis of contractual authorisation.

The Enterprise Register, in the cases specified in Paragraph one of this Section, when sending information to the State Revenue Service, shall simultaneously extend the deadline for taking the decision by 10 working days. If the Enterprise Register receives an opinion from the State Revenue Service on the necessity to perform additional checks to verify that the persons referred to in Paragraph one, Clauses 2, 3, and 4 of this Section are not acting as the providers of legal services who have not submitted to the State Revenue Service a statement on the type of their economic activity, the Enterprise Register shall extend the deadline for taking the decision by a period which does not exceed three months from the day of receiving the application.

The procedures for the exchange of information on applications submitted for making an entry or registration of documents (adding to the file) in the registers kept by the Enterprise Register and regarding persons who have signed the application for making an entry or registration of documents (adding to the file) in the registers kept by the Enterprise Register on the basis of contractual authorisation, including specific criteria for identifying the cases determined in Paragraph one of this Section, the scope and frequency of the information to be provided shall be determined by the memorandum of understanding concluded between the State Revenue Service and the Enterprise Register.

If an opinion is received from the State Revenue Service on the tax risks of a legal entity or activity performed by the persons referred to in Paragraph one, Clauses 2, 3, and 4 of this Section as the providers of legal services who have not submitted to the State Revenue Service a statement on the type of their economic activity, the State notary of the Enterprise Register shall take the decision on the refusal to register (add to the file) the documents or make the entry in the registers kept by the Enterprise Register. In such cases the State fee shall not be reimbursed.

Information on the application submitted for making an entry or registration of documents (adding to the file) in the registers kept by the Enterprise Register in the cases specified in Paragraph one of this Section shall not be sent if in accordance with the memorandum of understanding referred to in Paragraph six of this Section the State Revenue Service has notified the Enterprise Register that the information need not be sent.

[8 October 2020; 2 June 2022 / The new wording of Clause 3 of Paragraph one shall come into force on 1 July 2023. See Paragraph 45 of Transitional Provisions]

Section 4.¹⁷ Continuous Access of Journalists to the Non-public Part of the Registration File

A journalist may address the Enterprise Register with a motivated request to provide continuous access to the non-public part of the registration file if such access is required for the needs of investigative journalism with the purpose of publishing the information which is a matter of public interest. The Enterprise Register shall provide such access to the journalist, not covering the personal data contained in the information and documents in the non-public part of the registration file if all the following conditions are met:

1) the request of the journalist is prepared in accordance with the requirements laid down in laws and regulations;

2) the information specified in the request of the journalist justifies that access to the non-public part of the registration file is going to be used for the needs of investigative journalism with the purpose of publishing the information which is a matter of public interest;

3) no national or international sanctions have been imposed on the journalist;

4) the journalist has no criminal record of having committed a criminal offence or administrative offence related to the protection of personal data;

5) a competent authority has provided information to the Enterprise Register that the actions of the journalist do not pose threats to national security and defence;

6) the journalist has submitted a reference from an accredited study programme (faculty) in the field of communication science of a higher education institution accredited in the Republic of Latvia confirming that the actions of the journalist over the past year correspond to investigative journalism and have been performed in accordance with good practice of investigative journalism;

7) over the past year, before submitting the request of the journalist, access to the non-public part of the registration file has not been revoked for the journalist, except for revocation on the basis of the request of the journalist;

8) the journalist has certified that he or she is going to use only licensed software which is updated on a regular basis for the processing of the information and documents contained in the non-public part of the registration file.

Upon assessing the circumstances referred to in Paragraph one of this Section, the Enterprise Register shall request an opinion (information) from competent authorities on whether the actions of the journalist pose threats to national security and defence, whether the journalist has a criminal record of having committed criminal offences or administrative offences related to the protection of personal data, and the Enterprise Register may also request information from other State information systems to verify the fulfilment of the conditions stipulated for the journalist.

The Enterprise Register shall take the decision on provision of access to the non-public part of the registration file on the basis of the request of the journalist in accordance with the procedures laid down in the Administrative Procedure Law. If the decision on provision of access has been taken, such access shall be provided to the journalist until 31 March of the following year.

The journalist shall use only licensed software which is updated on a regular basis for the processing of the information and documents contained in the non-public part of the registration file and shall keep an electronic record of the purpose of the processing of specific information and documents (topic of the publication or research) and the time period when access to the non-public part of the registration file is used. If the Enterprise Register has information at the disposal thereof that the journalist is processing the information and documents contained in the non-public part of the registration file in violation of laws and regulations, the Enterprise Register shall request the journalist to provide information on the purpose for which he or she has used the information and documents contained in the non-public part of the registration file.

The Enterprise Register may revoke continuous access to the non-public part of the registration file if:

1) there is information at the disposal thereof which indicates that the conditions specified in Paragraph one, Clause 3 or 4 of this Section are not fulfilled;

2) the journalist violates the laws and regulations governing the processing of personal data of natural persons;

3) information is received from competent authorities which indicates that further access to the non-public part of the registration file can pose threats to national security and defence;

4) the journalist is not fulfilling the obligations imposed on him or her by this Section;

5) the journalist violates the terms of use approved by the Enterprise Register which apply to the information system;

6) a request is received from the journalist to revoke access to the non-public part of the registration file.

[8 October 2020]

Section 4.¹⁸ Processing and Exchange of Information on Restrictions on Commercial Activities Imposed on a Natural Person

In order to prevent and eliminate fraudulent and other malicious actions in the commercial activities environment by ensuring that decisions taken in criminal proceedings depriving a person of the right to engage in all types of commercial activities, decisions taken in criminal or administrative offence proceedings depriving a person of the right to hold specific offices, and legal barriers registered with the State Revenue Service are enforced and also in order to ensure the provision of information to the Member States in the system of interconnection of registers on the restriction imposed on a natural person in Latvia to engage in commercial activities or to hold specific offices in a commercial company, the Enterprise Register shall receive, collect and use up-to-date data from the Punishment Register on the decisions taken and persons punished in criminal proceedings or administrative offence proceedings and data from the State Revenue Service on persons included in the list of risk persons, to the following extent:

1) the given name;

2) the surname;

3) the date of birth;

4) the personal identity number granted in Latvia, if any;

5) information on the restriction imposed (date, number, decision-maker, grounds, duration, and content of the restriction).

The Enterprise Register shall maintain the data referred to in Paragraph one of this Section no longer than until new up-to-date data are received from the State Revenue Service and the Punishment Register.

In order to restrict the right of a natural person to hold specific offices in a commercial company if the person is subject to a restriction on commercial activities in another Member State, the Enterprise Register shall verify in the system of interconnection of registers, by including in the query the given name, surname, and date of birth of the person, whether the natural person is subject to a restriction on commercial activities in that Member State.

When verifying in the system of interconnection of registers whether a natural person in a Member State is subject to a restriction on commercial activities and when receiving a request for additional data identifying a person, if the registry institution of a Member State is unable to identify the person unambiguously, the Enterprise Register has the right to transfer additional data identifying a person to the relevant registry institution of the Member State in accordance with the request of the Member State. Additional data identifying a person shall be submitted by the applicant upon request of the Enterprise Register.

In order to restrict the right of a natural person to hold specific offices in a commercial company in another Member State if the person is subject to a restriction on commercial activities in Latvia, the Enterprise Register shall, upon request of the registry institution of a Member State, confirm that the person is subject to a restriction on commercial activities in Latvia and also provide the information referred to in Paragraph one, Clauses 1, 2, 3, and 5 of this Section to the extent specified in the request.

If the Enterprise Register, having received a request from the registry institution of a Member State concerning a restriction on commercial activities imposed in Latvia, is unable to identify a person unambiguously, the Enterprise Register shall request additional data identifying a person from the registry institution of the Member State in order to identify the person unambiguously.

[11 May 2023 / Section shall come into force from 1 August 2023. See Paragraph 47 of Transitional Provisions]

Section 4.¹⁹ Enforcement of a Restriction on Commercial Activities Imposed in a Member State

On the basis of a restriction on commercial activities imposed on a natural person in a Member State whereof information has been received in the system of interconnection of registers, the Enterprise Register shall take the decision to:

1) refuse to make an entry in the Commercial Register if an application for entering a commercial company or a European commercial company in the Commercial Register has been submitted and a member of its executive body or supervisory body, or a procurator has been deprived of the right to hold specific offices;

2) refuse to make an entry in the Commercial Register on the appointment of a member of the executive body or supervisory body, a procurator, a person who is authorised to represent a foreign merchant in activities related to the branch, or a liquidator if the relevant person has been deprived of the right to hold specific offices;

3) refuse to make an entry in the Commercial Register if an application for entering a branch of a foreign merchant in the Commercial Register has been submitted and the person who is authorised to represent the foreign merchant in activities related to the branch has been deprived of the right to hold specific offices;

4) refuse to make an entry in the Commercial Register if an application for entering the reorganisation of a commercial company in the Commercial Register has been submitted and a member of its executive body or supervisory body, or a procurator has been deprived of the right to hold specific offices;

5) refuse to make an entry in the Commercial Register if an application for entering the liquidation of a commercial company in the Commercial Register has been submitted and the liquidator thereof has been deprived of the right to hold specific offices.

[11 May 2023 / Section shall come into force from 1 August 2023. See Paragraph 47 of Transitional Provisions]

Chapter Three
Procedures for the Registration of an Enterprise (Company) and Information to be Entered in the Enterprise Register Journal

Section 5. Name of an Enterprise (Company)

The name of an enterprise (company) shall be formed in accordance with this Law and the laws regarding different forms of entrepreneurial activities.

The name of an enterprise (company) may not include misleading information on important circumstances in the entrepreneurship, particularly on the legal form of the enterprise (company) or the volume of entrepreneurship.

The name of an enterprise (company) shall be written using the letters of the Latvian or Latin alphabet only. The name of an enterprise (company) may not be in conflict with morals.

The name of an enterprise (company) shall not be translated.

The name of an enterprise (company) shall be clearly and definitely different from the names (firm names) previously entered or applied for entering in the Enterprise Register Journal and other registers kept by the Enterprise Register.

The name of an enterprise (company) may not include names of State and local government institutions (authorities), and also the words "state" and "local government". The name of an enterprise (company) may not include the words "Republic of Latvia" and its translation into a foreign language.

If the name of an enterprise (company) includes the name of an administrative territory or populated area, the name of the enterprise (company) may not coincide with the name of the relevant administrative territory or populated area, except for the names of farmsteads.

The name of an enterprise (company) may be used in entrepreneurial activity (in commercial contracts, advertising, etc.) from the moment when it has been registered in the Enterprise Register Journal.

[10 May 2018]

[10 May 2018]

[28 October 2010; 10 May 2018]

Section 6. Information to be Entered in the Enterprise Register Journal

The following information shall be entered in the Enterprise Register Journal on each enterprise (company):

1) the name, registration number and date of the enterprise (company);

2) [10 May 2018];

3) the term for which the enterprise (company) has been established;

4) [10 May 2018];

5) the legal address of the enterprise (company);

6) when registering a branch, the legal address of the principal undertaking (company) shall be indicated;

7) [23 March 2017];

8) [23 March 2017];

9) [23 March 2017];

10) [14 May 1991];

11) the firm name of the branch if it differs from the firm name of the enterprise (company), its legal address and the given name, surname, personal identity number and amount of the authorisation of those persons who are authorised to represent the enterprise (company) in the activities related to the branch.

[23 March 2017]

In addition to that referred to in Paragraph one, Clauses 1-6 of this Section, the following information shall be entered in the Enterprise Register on an individual undertaking and farm (fishing undertaking):

1) the given name, surname, and personal identity number of the owner;

2) if the individual undertaking or farm (fishing undertaking) is managed by intermediation of the manager or collegial administrative institution - the given name, surname, and personal identity number of the person who has the right to represent the undertaking;

3) if the individual undertaking or farm (fishing undertaking) is managed by intermediation of the collegial administrative institution - the name of the collegial administrative institution;

4) the area and location of the farm;

5) the number and date of issuance of the land ownership or use deed;

6) the main type of activity and secondary activities of the undertaking.

In addition to that referred to in Paragraph one, Clauses 1-6 of this Section, the following information shall be entered in the Enterprise Register on cooperative societies:

1) [10 May 2018 / See Paragraph 32 of Transitional Provisions];

2) the given name, surname, and personal identity number of the members of the supervisory board and the executive board;

3) the right of the members of the executive board to individually or jointly represent the cooperative society;

4) the given name, surname, and personal identity number of the procurator, and also a reference to the total procuration or branch procuration, if such has been issued, and a reference to the granting of rights referred to in Section 34, Paragraph two of the Commercial Law, if such have been granted;

5) information on reorganisation.

The following information shall be entered in the Enterprise Register Journal on the suspension, renewal, continuation, or termination of activities of the enterprise (company):

1) decision of the court on the appointment of an administrator of insolvency proceedings, indicating his or her given name, surname, and personal identity number;

2) the court judgment on the declaration of insolvency proceedings for the enterprise (company) and the court decision on the termination of insolvency proceedings;

3) the decision to terminate activities of the enterprise (company) and to commence liquidation thereof, and also the given name, surname, personal identity number and the right to sign of liquidators, however, if the liquidator is a legal person - the name, registration number and legal address, the right of the liquidators to individually or jointly represent the enterprise (company), and also the abovementioned information on the representatives of the liquidator in the liquidation proceedings;

4) [29 November 2012];

5) the given name, surname, and personal identity number of the guardian and information on establishing trusteeship if the court has determined a restriction on the capacity to act to the person;

6) the decision of an institution of State administration to suspend or renew the activity of the enterprise (company).

If the court, by a judgment, prohibits the enterprise (company) from operating or shuts down such enterprise or branch or representation thereof, the enterprise (company) shall apply for registration within seven days after the court judgment enters into effect.

[23 March 2017]

[23 March 2017]

If a natural person does not have a personal identity number, the date of birth of the natural person, the number of the personal identification document and the date of issue thereof, the country and authority that has issued the document shall be entered in the Enterprise Register Journal.

The date when the amendments to basic documents were registered or when the registration entry was made in the Enterprise Register Journal shall be entered in the Enterprise register, and also the reason for making the registration entry shall be indicated.

The Enterprise Register shall exclude enterprises (companies), their branches, divisions from the Enterprise Register, making a relevant entry thereon in the Enterprise Register Journal.

A State fee shall be paid for making of entries in the Enterprise Register Journal and registration of documents (adding to a file), and the amount, procedures for payment and relief of such fee shall be determined by the Cabinet.

[14 May 1991; 5 October 1995; 14 June 2001; 31 October 2002; 5 June 2003; 17 February 2005; 15 June 2006; 6 March 2008; 5 March 2009; 28 October 2010; 29 November 2012; 16 January 2014; 23 March 2017; 10 May 2018; 8 October 2020]

Section 7. Documents to be Submitted for Registration and Storage Thereof

An application, all the documents indicated in the law On Entrepreneurial Activity and laws governing the forms and types of entrepreneurial activity, and also the signature samples of the persons to whom the right to sign has been granted in the enterprise (company) and, if the founder of the enterprise (company) is a legal person registered in a foreign country, a document certifying registration of the legal person in the respective foreign country shall be submitted for the registration of an enterprise (company). The signature sample of the person laid down in the law shall also be submitted on occasions when amendments are made. If a legal person registered in a foreign country becomes a shareholder of a limited liability company or partnership, a copy of the registration certificate of such person shall be attached to the documents to be submitted.

An application for the registration of an enterprise (company) shall be signed by all founders, except for cases where the application is signed by another person on the basis of an authorisation issued according to notarial procedures or where the founders have signed the minutes of the foundation meeting (decision on founding) submitted to the Enterprise Register, in which an authorisation for another person to sign the registration application is included. The authorisation issued according notarial procedures shall be attached to the registration application.

An application for the registration of amendments to basic documents and making of registration entries in the Enterprise Register shall be signed by officials to whom the right to sign has been granted in the enterprise (company), or a person authorised by the meeting (decision), taking into account the particulars specified in Paragraphs four and five of this Section.

The following persons have an obligation to sign the registration application in person:

1) a member who discontinues membership in the company;

2) the previous owner of a single-owner enterprise, if a change of ownership has been applied for in the registration;

3) shareholders who have taken a decision on amendments to the equity capital;

4) members who have taken a decision on amendments to the composition of the persons with the right to sign or to their right to sign (right of representation), except for those members of companies who operate in accordance with the law On Privatisation of Agricultural Undertakings and Collective Fisheries.

The provisions of Paragraph four of this Section shall not be applied, if:

1) the person referred to therein signs the minutes (decision) of the meeting or a derivative thereof submitted to the Enterprise Register, in which the relevant decision is included;

2) another person signs the application instead of the referred to person on the basis of an authorisation issued in accordance with notarial procedures and this authorisation is attached to the application.

The signature samples of such persons who have been granted the right to sign in the enterprise (company), must be certified in accordance with the procedures laid down in the Law on Orphan's and Custody Courts or by a sworn notary. The right to act of such persons shall also be certified.

When registering a branch of an enterprise (company), all provisions of this Law shall be complied with.

Persons who sign the registration application or submit documents to the Enterprise Register shall be liable for the veracity of the submitted documents and the information included therein in accordance with the procedures laid down in laws. The person submitting documents to the Enterprise Register or receiving documents from the Enterprise Register shall present his or her passport or other personal identification document.

[23 March 2017]

[23 March 2017]

The person may indicate the address where he or she may be reached in the application to the Enterprise Register. If the person does not have a declared place of residence or does not have the address indicated in the foreign country according to the information of the Register of Natural Persons, the person shall indicate such address in the application to the Enterprise Register where he or she can be reached.

Each registration number in the Enterprise Register Journal shall correspond to a file (document collection) with the same number.

The requirements laid down in this Section with regard to the obligation to submit a signature sample of the person shall not apply to the registration and amendments to a cooperative society.

[30 January 1997; 20 November 1997; 14 June 2001; 31 October 2002; 6 March 2008; 5 March 2009; 2 May 2013; 6 November 2013; 16 January 2014; 23 March 2017; 10 May 2018; 8 October 2020; 7 January 2021; 11 May 2023]

Section 7.¹ Information to be Indicated in the Application for Making an Entry or Document Registration (Adding to the File)

For making an entry or document registration (adding to the file) in the Enterprise Register Journal, an application shall be submitted where the following information shall be indicated in conformity with the nature of the application:

1) in the application for the registration of an enterprise (company) - information which in accordance with the laws and regulations governing the operation of the relevant enterprise (company) are to be entered in the Enterprise Register Journal;

2) in the application for the registration of changes in the entries of the Enterprise Register Journal or document registration (adding to the file) - the information on the nature of changes and new information to be entered on the enterprise (company) in the Enterprise Register Journal;

3) in the application for the reorganisation - the type of reorganisation, the name of each enterprise (company) involved in the reorganisation, the registration number thereof, the fact whether the enterprise (company) is merging, dividing, or acquiring, and also the type of the newly-established enterprise (company), if any;

4) in the application for the commencement of the liquidation of an enterprise (company) - information which is to be entered in the Enterprise Register Journal in the case of the termination of its operation, and the place and time period for the application of claims of creditors;

5) in the application for the exclusion of the enterprise (company) from the Enterprise Register Journal - justification for the exclusion of the enterprise (company) or a branch thereof from the Enterprise Register Journal, the date on which the commencement of liquidation will be notified in the official gazette Latvijas Vēstnesis, and confirmation of the liquidator that the enterprise (company) does not have any outstanding debt obligations and liquidation is carried out in accordance with the procedures laid down in the laws and regulations.

The application for the reorganisation of an enterprise (company) shall be accompanied by an application for entering a new enterprise (company) in the Enterprise Register Journal, if in the result of reorganisation a new enterprise (company) is established.

[14 November 2019]

[23 March 2017; 14 November 2019]

Section 8. Activities of the Enterprise Register

When examining the submitted documents, a State notary of the Enterprise Register shall verify whether:

1) [23 March 2017 / See Paragraph 24 of Transitional Provisions];

2) all the documents provided for by the laws, which are being registered (added to a file) or on the basis of which an entry is being made in the Enterprise Register Journal, have been submitted;

3) the documents which are being registered (added to a file) or on the basis of which an entry is being made in the Enterprise Register Journal have legal force, and whether other form requirements conform to laws and regulations, and also whether the amount of information and provisions included therein and content thereof conforms with laws and regulations and other documents in the registration file;

4) another legal impediment has not been registered in the Enterprise Register.

The competence of the Enterprise Register shall not include verification of the factual circumstances of the decision-making of the enterprise (company).

After verification of the conditions referred to in Paragraph one of this Section, the State notary of the Enterprise Register shall take a decision to:

1) make an entry in the Enterprise Register Journal or register documents (add to a file), if obstacles have not been found;

2) postpone making an entry or registration of documents (adding to a file), if it is found that the requirements of Paragraph one of this Section have not been fulfilled, but these deficiencies can be eliminated. The State notary of the Enterprise Register shall specify a reasonable period of time for the elimination of deficiencies. The abovementioned period of time shall not be less than one month. If documents in which the deficiencies have been eliminated are submitted after the specified time period, the State fee shall be paid repeatedly;

3) refuse to register (add to a file) the submitted documents or make a registration entry in the Enterprise Register Journal, if the deficiencies determined in the documents are not rectifiable, the submitted information cannot be registered in the Enterprise Register Journal or unequivocal evidence has been submitted to the Enterprise Register, attesting to the fact that the a signature has been forged. In such cases State fee shall not be reimbursed.

The State notary of the Enterprise Register shall take a separate decision on each application and shall enter, date and sign such decision in the Enterprise Register Journal. A decision to make an entry shall come into effect at the time of its signing, unless a later date for coming into effect is specified in the decision or the coming into effect of this decision is dependent on another decision coming into effect. In such case the relevant note shall be made in the Enterprise Register Journal thereof. The date of coming into effect of the decision may not be determined longer than one month from the day when the decision has been taken. The Enterprise Register Journal may be administered in electronic form.

[23 March 2017]

[5 June 2003]

[23 March 2017]

The Enterprise Register shall, within seven days from the day of taking the decision referred to in Paragraph four of this Section, publish the information entered in the Enterprise Register Journal in the official gazette Latvijas Vēstnesis, if it has not already been published on the basis of other laws.

All amendments to be registered shall be notified to the Enterprise Register by enterprises (companies) within 15 days from the day of taking the decision. Amendments shall be effective against third parties from the time when they are registered in the Enterprise Register.

If the information entered in the Enterprise Register Journal has been published, it may be used as an official source.

In business relationships with an enterprise (company) or branch thereof the publication and the entry which has been made by the State notary with on the relevant enterprise (company) or branch thereof shall prevail.

A specific service fee shall be charged for document derivatives of the enterprise (company) or branch thereof, fulfilment of other activities provided for in the legislation and for the issuance of information.

The activities of the Enterprise Register shall be financed from the State basic budget, and also from the income which is obtained from paid services and is transferred into the basic budget account of the Ministry of Justice.

In verifying the circumstances specified in Section 5, Paragraph five of this Law, the State notary of the Enterprise Register is entitled to take a decision to postpone making an entry in the cases when:

1) the name of an enterprise (company) coincides with a name (firm name) entered or applied for entering in the Enterprise Register Journal and other registers kept by the Enterprise Register;

2) the only difference between the name of an enterprise (company) applied for entering and a name (firm name) already entered or applied for entering in the Enterprise Register Journal and other registers kept by the Enterprise Register is spacing and punctuation marks between the letters, figures, or the use of lower case and upper case letters in the name (firm name).

In verifying the conformity of a name applied for entering with the provisions of Section 5, Paragraph five of this Law, the State notary of the Enterprise Register shall assess the name of an enterprise (company) and the names (firm names) registered in other registers kept by the Enterprise Register without a reference to the legal form thereof.

The official of the Enterprise Register shall take a decision to make an entry in the Enterprise Register Journal, to refuse to make an entry, or to postpone the making of an entry within three working days after receipt of an application. Within the same time limit, the official of the Enterprise Register shall take a decision to make an entry in the Enterprise Register Journal on the basis of a court ruling.

[14 May 1991; 7 April 1992; 5 October 1995; 30 January 1997; 11 November 1999; 14 June 2001; 31 October 2002; 5 June 2003; 17 February 2005; 15 June 2006; 6 March 2008; 28 October 2010; 2 May 2013; 6 November 2013; 23 March 2017; 10 May 2018; 6 July 2021]

Section 9. The Right of Persons to Use Information of the Enterprise Register

[6 November 2013]

Section 9.¹ Restrictions on Issuance of Documents of the Enterprise Register

It is prohibited to issue journals of the Enterprise Register and the documents attached thereto for removal from premises of the Enterprise Register.

Individual documents may be withdrawn from the Enterprise Register:

1) upon a court judgment;

2) as material evidence or for conducting an expert-examination in a criminal case, when conducting pre-trial investigation;

3) by a forensic expert-examination institution for performing an expert-examination, if the expert-examination is requested from the forensic expert-examination institution by a legal entity registered in the Enterprise Register or a person whose rights have been or may be infringed.

If documents are removed, they shall be replaced with certified copies.

After performance of an expert-examination or examination of the matter before a court, the withdrawn documents shall be immediately returned to the Enterprise Register.

[30 January 1997; 14 June 2001; 15 June 2006; 16 January 2014]

Section 10. Procedures for the Examination of Disputes

[5 June 2003]

Section 11. Procedures for the Compensation of the Losses Resulting from Illegal Actions of Officials of the Enterprise Register

[5 June 2003]

Section 12. Liability

[5 June 2003]

Chapter Four
Keeping of the Commercial Register

[14 June 2001]

Section 13. Jurisdiction of Registration

[23 March 2017 / See Paragraph 24 of Transitional Provisions]

Section 14. Examination of the Submitted Documents

When examining the submitted documents, a State notary of the Enterprise Register shall verify whether:

1) [23 March 2017 / See Paragraph 24 of Transitional Provisions];

2) all the documents provided for by the laws, which are being registered (added to a file) or on the basis of which an entry is being made in the Commercial Register, have been submitted;

3) the documents which are being registered (added to a file) or on the basis of which an entry is being made in the Commercial Register have legal force;

4) the form of the document, which is being registered (added to a file) or on the basis of which an entry is being made in the Commercial Register, conforms to that specified in laws and regulations or articles of association, if the regulatory enactment provides for a possibility of specifying a specific form of a document;

5) the amount and content of information and provisions included in the document, which is being registered (added to a file) or on the basis of which an entry is being made in the Commercial Register, comply with laws and regulations and other documents present in the registration file;

6) another legal impediment has not been registered in the Enterprise Register.

The following is not within the competence of the Enterprise Register:

1) verification of the actual circumstances of taking a decision of a merchant;

2) verification of a private-legal agreement of the shareholders (stockholders) of a capital company included in the articles of association in accordance with Section 144, Paragraph one, Clauses 8 and 9 of the Commercial Law.

If, upon verifying the circumstances referred to in Paragraph one of this Section, obstacles have not been found, the State notary of the Enterprise Register shall take a decision to make an entry (Section 15) or register documents (add to the file).

If it is found that the requirements of Paragraph one of this Section have not been fulfilled, but these deficiencies can be eliminated, the State notary of the Enterprise Register shall take a decision to postpone making an entry or registration of documents (adding to the file) and shall specify in the decision a reasonable period of time for the elimination of deficiencies. The abovementioned period of time shall not be less than one month. If documents in which the deficiencies have been eliminated are submitted after the specified time period, the State fee shall be paid repeatedly.

In verifying the circumstances specified in Section 28 of the Commercial Law, the State notary of the Enterprise Register is entitled to take a decision to postpone making an entry in the cases when:

1) the firm name applied for by a merchant coincides with a name (firm name) entered or applied for entering in the Commercial Register or other registers kept by the Enterprise Register;

2) the only difference between the firm name applied for by a merchant and a name (firm name) already entered or applied for entering in the Commercial Register or other registers kept by the Enterprise Register is spacing and punctuation marks between the letters, figures, or the use of lower case and upper case letters in the name (firm name).

If the deficiencies determined in the documents are not rectifiable or the submitted information cannot be registered in the Commercial Register, the State notary of the Enterprise Register shall take a decision to refuse to register (add to the file) documents or to make an entry in the Commercial Register. In such cases the State fee shall not be reimbursed.

If clear evidence has been submitted to the Enterprise Register, attesting to the fact that a signature has been forged, the State notary of the Enterprise Register shall take a decision to refuse to register (add to the file) documents or to make an entry in the Commercial Register.

In verifying the conformity of a firm name applied for entering with the provisions of Paragraph five of this Section, the State notary of the Enterprise Register shall assess the firm name of a merchant and the names of entities registered in other registers kept by the Enterprise Register without a reference to the legal form thereof.

[15 June 2006; 6 March 2008; 28 October 2010; 2 May 2013; 23 November 2016; 23 March 2017; 8 October 2020]

Section 14.¹ Pre-registration Verification of the Applications Submitted to the Commercial Register in the State Revenue Service

[8 October 2020]

Section 15. Making and Storage of Entries in the Commercial Register

State notaries of the Enterprise Register shall make entries in the Commercial Register electronically, taking the relevant written decision to make entries.

The decision to make an entry shall come into effect from the time when the State notary of the Enterprise Register has electronically certified the completeness and correctness of the entry (has authorised it), unless a later date for coming into effect has been provided for in the decision or the coming into effect of this decision is dependent on another decision coming into effect. In such case a relevant note shall be made in the Commercial Register.

The date of coming into effect of the decision may not be determined longer than one month from the day when the decision has been taken.

Section 16. Storage of Entries of the Commercial Register

Entries in the Commercial Register shall be stored in electronic form, and they shall have the same legal effect as the decision to make an entry.

If an entry in the Commercial Register does not conform to the decision to make an entry, the decision shall prevail.

Section 17. Documents to be Attached to the Registration File of a Merchant

The registration file of a merchant shall contain the documents on the basis of which entries in the Commercial Register were made, and also the other documents laid down in the law.

Upon appending a division of the register of shareholders (stockholders) of a capital company to the registration file, the State notary of the Enterprise Register shall register the information indicated in the division of the register of shareholders (stockholders) in the registration file of the relevant capital company in the Commercial Register.

Upon appending a joint-stock company's notice on acquisition, increase, or reduction of stockholder participation to the registration file, the State notary of the Enterprise Register shall register the information indicated in the notice in the registration file of the relevant joint-stock company in the Commercial Register.

[14 November 2019; 2 June 2022 / The new wording of Paragraph two and Paragraph three shall come into force on 1 July 2023. See Paragraph 45 of Transitional Provisions]

Section 18. Correction of Errors in Entries of the Commercial Register

[23 March 2017]

Chapter Five
Keeping of the Register of Associations and Foundations

[18 March 2004]

Section 18.¹ Examination of the Submitted Documents for the Keeping of the Register of Associations and Foundations

When examining the submitted documents, a State notary of the Enterprise Register shall verify whether:

1) all the documents provided for by the laws, which are being registered (added to a file) or on the basis of which an entry is being made in the Register of Associations and Foundations, have been submitted;

2) the documents which are being registered (added to a file) or on the basis of which an entry is being made in the Register of Associations and Foundations have legal force and if other form requirements conform to laws and regulations, and also whether the amount and content of the information and provisions included therein conform to laws and regulations and other documents present in the registration file;

3) another legal impediment has not been registered in the Register of Associations and Foundations.

The competence of the Enterprise Register shall not include examination of the factual circumstances of the decision-making of an association or foundation.

If, upon verifying the circumstances referred to in Paragraph one of this Section, obstacles have not been found, the State notary of the Enterprise Register shall take a decision to make an entry (Section 15) or register documents (add to the file).

If it is found that the requirements of Paragraph one of this Section have not been fulfilled, but these deficiencies can be eliminated, the State notary of the Enterprise Register shall take a decision to postpone making an entry or registration of documents (adding to the file) (except in the case when a decision must be taken to refuse to make an entry in accordance with the Associations and Foundations Law). In the decision to postpone making an entry or register documents (add to the file) the State notary of the Enterprise Register shall specify a reasonable period of time for the elimination of deficiencies. The abovementioned period of time shall not be less than one month. If documents in which the deficiencies have been eliminated are submitted after the specified time period, the State fee shall be paid repeatedly.

In verifying the circumstances specified in Section 6, Paragraph three of the Associations and Foundations Law, the State notary of the Enterprise Register is entitled to take a decision to postpone making an entry in the cases when:

1) the name applied for by an association or foundation coincides with a name (firm name) entered or applied for entering in the Register of Associations and Foundations or other registers kept by the Enterprise Register;

2) the only difference between the name applied for by an association or foundation and a name (firm name) already entered or applied for entering in the Register of Associations and Foundations or other registers kept by the Enterprise Register is spacing and punctuation marks between the letters and figures, or the use of lower case and upper case letters in the name (firm name).

If the deficiencies found in the documents cannot be eliminated or the submitted information cannot be registered in the Register of Associations and Foundations, the State notary of the Enterprise Register shall take a decision to refuse to register (add to the file) documents or to make an entry in the Register of Associations and Foundations. In such cases the State fee shall not be reimbursed.

If unequivocal evidence has been submitted to the Enterprise Register, attesting to the fact that a signature has been forged, the State notary of the Enterprise Register shall take decision to refuse to register (add to the file) documents or to make an entry in the Register of Associations and Foundations.

In verifying the conformity of a name applied for entering with the provisions of Paragraph five of this Section, the State notary of the Enterprise Register shall assess the firm name of the association and foundation and the names (firm names) registered in other registers kept by the Enterprise Register without a reference to the legal form thereof.

[15 June 2006; 28 October 2010; 2 May 2013]

Section 18.² Making of Entries in the Register of Associations and Foundations

A State notary of the Enterprise Register shall make entries in the Register of Associations and Foundations electronically, taking the relevant written decision to make the entry.

The decision to make an entry shall come into effect from the time when the State notary of the Enterprise Register has electronically certified the completeness and correctness of the entry (has authorised it), unless a later date for coming into effect has been provided for in the decision or the coming into effect of this decision is dependent on another decision coming into effect. In such case the relevant note shall be made in the entries of the Register of Associations and Foundations.

The date of coming into effect of the decision may not be determined longer than one month from the day when the decision has been taken.

The State notary of the Enterprise Register shall register the decisions of competent State authorities to record a prohibition endorsement in the Register of Associations and Foundations.

Section 18.³ Storage of Entries of the Register of Associations and Foundations and the Documents to be Attached to the Registration File

Entries in the Register of Associations and Foundations shall be stored in electronic form, and they shall have the same legal effect as the decision to make an entry.

If an entry in the Register of Associations and Foundations does not conform to the decision to make an entry, the decision shall prevail.

The association and registration file shall contain all the documents on the basis of which the entry into the Register of Associations and Foundations was made, and also the other documents laid down in the Law.

Section 18.⁴ Correction of Errors in Entries of the Register of Associations and Foundations

[23 March 2017]

Chapter Six
KEEPING OF THE REGISTER OF POLITICAL PARTIES

[15 June 2006 / This Chapter shall come into force concurrently with the Law on Political Parties. See Transitional Provisions]

Section 18.⁵ Provisions Applicable to the Keeping of the Register of Political Parties

The provisions of Chapter Five of this Law shall be applied to the keeping of the Register of Political Parties, if it is not provided for otherwise in this Chapter.

Section 18.⁶ Name of a Political Party or an Alliance of Political Parties

When verifying the circumstances referred to in Section 6, Paragraph one of the Law on Political Parties, the State notary of the Enterprise Register is entitled to take a decision to postpone making an entry in the cases when:

1) the name applied for by a political party or an alliance of political parties clearly and definitely does not differ from the name of a political organisation (party) or an alliance of political organisations (parties) or abbreviation thereof previously registered in Latvia;

2) the name applied for by a political party or an alliance of political parties clearly and definitely does not differ from a name entered or applied for entering in the Register of Political Parties or coincides with a name (firm name) entered or applied for entering in other registers kept by the Enterprise Register;

3) the only difference between the name applied for by a political party or an alliance of political parties and a name (firm name) already entered or applied for entering in other registers kept by the Enterprise Register is spacing and punctuation marks between the letters, figures, or the use of lower case and upper case letters in the name (firm name).

In verifying the conformity of a name applied for entering with the provisions of Paragraph one of this Section, the State notary of the Enterprise Register shall assess the name of a political party or an alliance of political parties and the names registered in other registers kept by the Enterprise Register without a reference to the legal form thereof.

[28 October 2010]

Chapter Seven
Keeping of the Insolvency Register

[8 November 2007]

Section 18.⁷ Documents to be Submitted to the Enterprise Register for the Keeping of the Insolvency Register

Information based on which new entries are to be made in the Insolvency Register, and also the documents laid down in the Insolvency Law shall be submitted to the Enterprise Register no later than within five days from the day when the relevant decision was taken or from the time of the relevant change, if it is not otherwise provided for in other laws and regulations.

An entry shall be made in the Insolvency Register on the basis of an application of the administrator, an application of the liquidator, if it fulfils the duties of an administrator in the cases provided for in the Insolvency Law and other laws and regulations, or a court ruling. Within the scope of release of a natural person from debt liabilities, an entry shall be made in the Insolvency Register on the basis of a court judgment or a notification of a sworn notary.

In order to make an entry in the Insolvency Register, the application shall be submitted in which the following shall be indicated:

1) the registration number and firm name of the debtor if the debtor is a legal person;

2) the given name, surname, personal identity number (if the person does not have a personal identity number - the date of birth, the number, date of issue of a personal identification document, the state and authority which issued the document), if the debtor is a natural person;

3) the given name, surname, certificate or office licence number of the administrator in the insolvency proceeding;

4) the essence of the entry - convening the meeting of creditors, termination or cross-border insolvency proceedings;

5) the date, time and address of the occurrence of the meeting of creditors, if convening the meeting of creditors is applied for entering;

6) the date, time for the termination and resuming of the meeting of creditors, the address of the place of occurrence of the meeting of creditors if termination of the meeting of creditors is applied for entering.

[6 March 2008; 23 March 2017; 15 June 2021]

Section 18.⁸ Procedures for the Examination of the Submitted Documents

When examining the submitted documents, a State notary of the Enterprise Register shall verify whether:

1) all the documents provided for by laws, which are being registered (added to a file) or on the basis of which an entry is being made in the Insolvency Register, have been submitted;

2) the documents which are being registered (added to a file) or on the basis of which an entry is being made in the Insolvency Register have legal force and if other form requirements conform to laws and regulations, and also that the amount and content of the information and provisions included therein conforms to laws and regulations and other documents present in the registration file.

The competence of the Enterprise Register shall not include an obligation to verify the actual circumstances with respect to preparation of the documents submitted by an administrator and the conformity of any information indicated in decisions taken within the scope of the insolvency proceedings to the actual circumstances.

If, upon verifying the circumstances referred to in Paragraph one of this Section, obstacles have not been found, the State notary of the Enterprise Register shall without delay, but not later than one day from the day of receiving the application, take a decision to make an entry in the Insolvency Register or register documents (add to the file). The State notary of the Enterprise Register shall, within the same time limit, take a decision to make an entry in the Insolvency Register on the basis of a court ruling.

The entry shall be made in the Insolvency Register on the same day when a decision to make the entry was taken.

If it is determined that the requirements of Paragraph one of this Section have not been fulfilled, but these deficiencies can be eliminated, the State notary of the Enterprise Register shall take a decision without delay, but not later than one day following the day of receiving the application for making an entry or postponing to make an entry or registration of documents (adding to the file) and shall specify in the decision a reasonable period of time for the elimination of deficiencies. The abovementioned period of time shall not be less than five days.

If the deficiencies found in the documents cannot be eliminated or the submitted information cannot be registered in the Insolvency Register, the State notary of the Enterprise Register shall, within five days from the day of receiving the application, take a decision to refuse to register (add to the file) documents or to make an entry in the Insolvency Register.

The Enterprise Register shall send the decisions referred to in Paragraphs three, five, and six of this Section to the submitter of the application within five days from the day they were taken.

If unequivocal evidence has been submitted to the Enterprise Register, attesting to the fact that a signature has been forged, the State notary of the Enterprise Register shall take a decision to refuse to register (add to the file) documents or to make an entry in the Insolvency Register.

Section 18.⁹ Information to be Entered in the Insolvency Register

A State notary of the Enterprise Register shall enter information on the administrator, the insolvent entity, the progress of legal protection proceedings, insolvency proceedings of a legal person, or insolvency proceedings of a natural person, and also on the progress of release of a natural person from debt liabilities in the Insolvency Register.

[15 June 2021]

Section 18.¹⁰ Storage of Entries in the Insolvency Register

Entries in the Insolvency Register shall be stored in electronic form, and they shall have the same legal effect as the decision to make an entry.

If an entry in the Insolvency Register does not conform to the decision to make the entry, the decision shall prevail.

An insolvency registration file shall contain all the documents on the basis of which entries were made in the Insolvency Register, and also the other documents laid down in law. The documents to be attached to the insolvency registration file shall be stored in the registration file of the relevant insolvent entity.

[6 March 2008]

Section 18.¹¹ Correction of Errors in Entries of the Insolvency Register

[23 March 2017]

Chapter Eight
Keeping of the Register of Religious Organisations and Institutions Thereof

[18 December 2008]

Section 18.¹² Jurisdiction of the Register of Religious Organisations and Institutions Thereof

[23 March 2017 / See Paragraph 24 of Transitional Provisions]

Section 18.¹³ Documents to be Submitted to the Enterprise Register for the Keeping of the Register of Religious Organisations and Institutions Thereof

Information based on which entries are to be made in the Register of Religious Organisations and Institutions Thereof, and also the documents specified in the Law on Religious Organisations shall be submitted to the Enterprise Register no later than within 14 days after the relevant decision was taken.

An entry in the Register of Religious Organisations and Institutions Thereof shall be made on the basis of an application, the notice laid down in Section 1.² of the Law on the Agreement between the Republic of Latvia and the Holy See (hereinafter - the notice) or a court ruling.

An application for making an entry or document registration (adding to the file) shall be submitted to the Register of Religious Organisations and Institutions Thereof in which the following information shall be indicated in conformity with the nature of the application:

1) in the application for the registration of a religious organisation or institution thereof - information which in accordance with the laws and regulations governing the operation of a religious organisation and institution thereof are to be entered in the Register of Religious Organisations and Institutions Thereof;

2) in the application for registering changes in the Register of Religious Organisations and Institutions Thereof or registering documents (adding to the file) - information on the nature of changes and new information which are applied in respect of the religious organisation or institution thereof for entering in the Register of Religious Organisations and Institutions Thereof;

3) in the application for the re-registration of the religious organisation, reorganisations of the religious organisation or institution thereof, termination of operation, renewal or liquidation of operation thereof - the nature of the applied entry.

[16 January 2014; 23 March 2017]

Section 18.¹⁴ Making an Entry in the Register of Religious Organisations and Institutions Thereof

A State notary of the Enterprise Register shall, within two months from the day when the application was received, take a decision to enter a religious organisation and institution thereof in the Register of Religious Organisations and Institutions Thereof. The State notary of the Enterprise Register shall, within seven days after receipt of the application or notice, take a decision to make another entry, to refuse to make an entry, or to postpone making an entry in the Register. The State notary of the Enterprise Register shall, within the same time limit, take a decision to make an entry in the Register of Religious Organisations and Institutions Thereof on the basis of the notice or court ruling.

The State notary of the Enterprise Register shall take a decision to postpone making an entry in the cases when:

1) not all of the documents laid down in the Law on Religious Organisations and in this Law have not been submitted;

2) the articles of association (constitution, by-law) or other documents submitted to the Enterprise Register contain non-compliances with the requirements of laws and regulations that can be eliminated;

3) another legal impediment has been registered in the Register of Religious Organisations and Institutions Thereof;

4) the name applied for by a religious organisation or institution thereof includes misleading information on the legal form, purpose and type of activity of the religious organisation or institution thereof;

5) the name applied for by a religious organisation or institution thereof clearly and definitely does not differ from the names entered or applied for entering in the Register of Religious Organisations and Institutions Thereof or coincides with a name (firm name) entered or applied for entering in other registers kept by the Enterprise Register;

6) the only difference between the name applied for by a religious organisation or institution thereof and a name (firm name) already entered or applied for entering in the Register of Religious Organisations and Institutions Thereof and other registers kept by the Enterprise Register is spacing and punctuation marks between the letters, figures, or the use of lower case and upper case letters in the name (firm name);

7) the notice does not conform to the requirements of laws and regulations.

The State notary of the Enterprise Register shall take a decision to refuse to make an entry, if:

1) the objectives and tasks set out in articles of association (in the constitution, by-law) are in conflict with laws and regulations;

2) an opinion has been received from the Ministry of Justice that there are grounds for believing that the operations (teachings) of the religious organisation are in contradiction with laws and regulations or threaten human rights, the democratic structure of the State, public safety, welfare and morals;

3) the procedures for founding laid down in the Law on Religious Organisations have been contravened;

4) the non-compliances with the provisions of laws and regulations found in the decision to postpone making an entry have not been eliminated.

The decision to postpone making an entry or to refuse to make an entry shall be justified. The time period for the elimination of deficiencies shall be indicated in the decision to postpone making an entry.

The State notary of the Enterprise Register shall send to the submitter of the application the decision to make an entry within three working days after its taking.

Any entry shall be made in the Register on the same day when the decision to make the entry was taken.

In verifying the conformity of the name applied for entering with the provisions of Paragraph two of this Section, the State notary of the Enterprise Register shall assess the name of the religious organisation or institution thereof and the names (firm names) registered in other registers kept by the Enterprise Register without a reference to the legal form thereof.

The competence of the Enterprise Register shall not include examination of the factual circumstances of the decision-making of a religious organisation or institution thereof.

[28 October 2010; 16 January 2014; 23 March 2017]

Section 18.¹⁵ Registration Number and Registration File of a Religious Organisation or Institution Thereof

A registration number shall be assigned to a religious organisation or institution thereof entered in the Register of Religious Organisations and Institutions Thereof.

[16 January 2014]

The documents submitted to the Enterprise Register shall be stored in the file of the relevant religious organisation or institution thereof.

[16 January 2014]

Section 18.¹⁶ Correction of Errors in Entries of the Register of Religious Organisations or Institutions Thereof

[23 March 2017]

Chapter 8.¹
Keeping of the Register of Public Entities and Institutions

[1 June 2017]

Section 18.¹⁷ Public Entities and Institutions to be Entered in the Register of Public Entities and Institutions

The following shall be entered in the Register of Public Entities and Institutions:

1) the Saeima of the Republic of Latvia and the Chancery of the President;

2) the courts and prosecutor's offices;

3) the institutions of direct administration;

4) the derived public entities;

5) the institutions of indirect administration;

6) other State authorities.

[1 June 2017]

Section 18.¹⁸ Information to be Entered in the Register of Public Entities and Institutions

The following information shall be entered on public entities and institutions in the Register of Public Entities and Institutions:

1) the name;

2) the type (in accordance with that laid down in Section 18.¹⁷ of this Law);

3) registration number;

4) the address, the address of the official website (if any) and electronic mail address (if any);

5) the information when the legal act by which the public entity or institution has been established was adopted, the name, number (if any) of the legal act, the name of the adopter and registration number thereof;

6) the information on the head of the public entity or institution [the given name, surname, personal identity number, position name, the date and time period of appointment (election), if the person has been appointed (elected) in the position for a definite period of time];

7) the information on the official of the public entity or institution who implements its general administrative management (the given name, surname, personal identity number, position name);

8) the information on the institutional subordination of the public entity or institution by indicating the public entity or institution to which the relevant public entity or institution is subordinated and the form of the subordination (if the public entity or institution is under subordination);

9) the information on the private persons entered in the registers kept by the Enterprise Register (the registration number, name) to which the public entity or institution has delegated the task of the State administration;

10) the information on a branch of the higher education institution (the name, address) and the head thereof (the given name, surname, personal identity number);

11) the information on whether an institution of indirect administration is an independent taxpayer;

12) the information on reorganisation - the legal act on the basis of which it has been carried out (the number and date), consequences of reorganisation;

13) the information on liquidation - the legal act on the basis of which it has been carried out (the number and date);

14) the information on exclusion from the Register of Public Entities and Institutions.

[8 October 2020]

[1 June 2017; 8 October 2020]

Section 18.¹⁹ Application for an Entry to be Made in the Register of Public Entities and Institutions

The Enterprise Register shall make entries in the Register of Public Entities and Institutions and entries on the changes in the information entered in the Register of Public Entities and Institutions on the basis of a notice of the head of a public entity or institution, without taking a separate decision.

The notice for making an entry in the Register of Public Entities and Institutions by indicating the information laid down in Section 18.¹⁸ of this Law shall be submitted within three working days from the day when the relevant public entity or institution was established, reorganised or liquidated or the time when the changes in the information to be entered in the Register of Public Entities and Institutions occurred.

The notice for making an entry in the Register of Public Entities and Institutions shall be submitted electronically through the use of a special online form under the management of the Enterprise Register.

The public entity or institution who submits the notice for making an entry in the Register of Public Entities and Institutions and the notice of changes in the entries of the Register of Public Entities and Institutions shall be responsible for the conformity of the information indicated in the notice with the laws and regulations.

[1 June 2017 / Section shall come into force from 1 March 2018. See Paragraph 30 of Transitional Provisions]

Section 18.²⁰ Making an Entry in the Register of Public Entities and Institutions

The Enterprise Register shall make an entry in the Register of Public Entities and Institutions in electronic form.

When entering a public entity or institution in the Register of Public Entities and Institutions, a registration number shall be granted thereto.

The submitter of the notice shall be notified of the entries made in the Register of Public Entities and Institutions by using a special online form under the management of the Enterprise Register.

[1 June 2017 / Section shall come into force from 1 March 2018. See Paragraph 30 of Transitional Provisions]

Section 18.²¹ Publicity of Entries of the Register of Public Entities and Institutions

Any person is entitled to rely on the information entered in the Register of Public Entities and Institutions.

[1 June 2017 / Section shall come into force from 1 June 2018. See Paragraph 31 of Transitional Provisions]

Chapter 8.²
KEEPING OF SPOUSAL PROPERTY RELATIONS REGISTER

[8 October 2020 / Chapter shall come into force on 1 February 2021. See Paragraphs 39 and 40 of Transitional Provisions]

Section 18.²² Spousal Property Relations Register

The Spousal Property Relations Register is an aggregate of electronically summarised information (entries and documents) on the registered spousal property relations.

[8 October 2020 / Section shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

Section 18.²³ Information to be Entered in the Spousal Property Relations Register

The following shall be entered in the Spousal Property Relations Register:

1) information on the spouses:

a) the given name, surname;

b) the personal identity number (if the person does not have a personal identity number - the date of birth, the number and date of issue of a personal identification document, the country and authority which issued the document);

2) the type of the contractual property relations of spouses:

a) separate or joint ownership of all property;

b) the time of entry;

c) information on the document on the basis of which the spousal property relations have been established, amended, or terminated;

d) the time and basis for the termination of the spousal property relations;

3) particular types of spousal property relations:

a) property the spouses have, by contract, designated as separate property;

b) liability of a spouse for the obligations of the other spouse;

c) restrictions of the property rights of the spouses;

d) other information pertaining to third parties;

4) registration number of the spousal property relations;

5) the date of making each entry.

[8 October 2020 / Section shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

Section 18.²⁴ Making an Entry in the Spousal Property Relations Register

An entry in the Spousal Property Relations Register shall be made by a State notary on the basis of an application and by taking the relevant written decision to make the entry.

A decision to make an entry shall come into effect at the time of its signing. An entry in the Spousal Property Relations Registry shall be made on the same day when the decision to make the entry in the Spousal Property Relations Registry is taken.

If an entry in the Spousal Property Relations Registry does not conform to the decision to make an entry, the decision shall prevail.

Each registered case of spousal property relations shall be assigned a registration number and shall have a separate registration file where documents shall be added on the basis of which entries have been made in the Spousal Property Relations Register.

[8 October 2020 / Section shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

Section 18.²⁵ Submission of an Application

The application and documents for the registration of spousal property relations, for the registration of amendments to spousal property relations or the registration of other information related to spousal property relations, and the registration of termination of spousal property relations shall be submitted electronically in accordance with the provisions of Section 4.⁴, Paragraph six of this Law.

The registration of the property relations established under a marriage contract before the marriage is concluded shall be applied for in the Spousal Property Relations Register after the marriage by submitting the relevant application.

The spouses shall notify the Enterprise Register of any amendments to spousal property relations or other information pertaining to the registered spousal property relations within 14 days after the amendments come into effect by submitting the relevant application.

Amendments to spousal property relations or other information pertaining to the registered spousal property relations, within the meaning of this Law, also include the cases when, without contractual property relations of the spouses coming into effect, instead of the registered type of spousal property relations - all property is separate, the type of spousal property relations - all property is joint - is established and registered, and vice versa.

The spouses shall notify the Enterprise Register of the termination of the spousal property relations within 14 days after the document comes into effect on the basis of which the spousal property relations have been terminated, specifying in the application the basis for the termination of the spousal property relations.

The application for the registration of spousal property relations, for the registration of amendments to spousal property relations or other information related to the registered spousal property relations, or the registration of termination of spousal property relations shall be submitted by:

1) a sworn notary;

2) one or both spouses;

3) a person authorised by the spouses on behalf of one or both spouses.

The application submitted by the spouses shall be signed by one or both spouses. If the application on behalf of one or both spouses is submitted by their authorised person, the authorisation shall be notarised or a power of attorney signed with a secure electronic signature of the authorised person shall be appended to the application.

The application for the termination of spousal property relations need not be submitted if the information that justifies the termination of the spousal property relations on the basis of the law is available in the Register of Natural Persons (information on dissolution of marriage, annulment of marriage, or if marriage has been terminated by death). The Enterprise Register shall constantly receive this information from the Register of Natural Persons, ensuring that the information is kept up to date.

[8 October 2020; 11 May 2023]

Section 18.²⁶ Documents to be Submitted and Storage Thereof

The application for the registration of spousal property relations shall indicate the information referred to in Section 18.²³, Clause 1, Clause 2, Sub-clause "a", and Clause 3 of this Law, and also other information in accordance with Section 4.⁴, Paragraph five of this Law.

The following documents shall be attached to the application for the registration of spousal property relations:

1) the original or a notarised copy of the document on the basis of which the request to make an entry in the Spousal Property Relations Register is made;

2) a copy of the marriage certificate if issued in a foreign country.

The application submitted to notify the Enterprise Register of any amendments to spousal property relations or other information pertaining to the registered spousal property relations shall indicate which amendments are to be made in the entries in the Spousal Property Relations Register in accordance with Section 18.²³ of this Law and also other information in accordance with Section 4.⁴, Paragraph five of this Law, and the document referred to in Paragraph two, Clause 1 of this Section shall be attached to the application.

The application submitted for the registration of termination of spousal property relations shall indicate the basis for the termination of spousal property relations and also other information in accordance with Section 4.⁴, Paragraph five of this Law, and the document referred to in Paragraph two, Clause 1 of this Section shall be attached to the application.

The documents submitted to the Enterprise Register shall be kept in the registration file of the corresponding legal fact.

[8 October 2020 / Section shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

Section 18.²⁷ Examination of the Submitted Documents for the Keeping of the Spousal Property Relations Register

The State notary of the Enterprise Register shall decide on the making of an entry or refusal to make an entry in the Spousal Property Relations Register within two working days after receipt of the application. The corresponding decision shall be drawn up in writing.

The State notary of the Enterprise Register shall refuse to make an entry in the Spousal Property Relations Register if:

1) not all the documents required for the registration of spousal property relations in accordance with the provisions of this Law have been submitted;

2) the documents submitted do not meet the requirements provided for in laws and regulations;

3) the data provided in the application are unclear or do not contain the required information;

4) the application has not been signed by a person who in accordance with this Law or the Civil Law has the right to submit the application for the registration of spousal property relations.

If the State notary of the Enterprise Register takes the decision to refuse to make an entry in the Spousal Property Relations Register, the State fee paid for the registration shall not be reimbursed. If the applicant, within two months from the day when the State notary of the Enterprise Register took the decision to refuse to make an entry in the Spousal Property Relations Register, has eliminated the deficiencies specified in the decision and reapplied for the entry of the same information in the Spousal Property Relations Register, the State fee need not be paid repeatedly.

[8 October 2020 / Section shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

Section 18.²⁸ Actions of the Enterprise Register after Making an Entry in the Spousal Property Relations Register

The Enterprise Register shall immediately send the entries in the Spousal Property Relations Register on the registration of spousal property relations, on the registration of amendments to the type of spousal property relations, or the registration of termination of spousal property relations for publishing in the official gazette Latvijas Vēstnesis, indicating the place and time of entry, the registration number of the spousal property relations, the given name, surname, personal identity number (if the person does not have a personal identity number - the date of birth, the number and date of issue of a personal identification document, the country and authority which issued the document), and the information on the type of the established, amended, or terminated spousal property relations.

After the decision on the making of an entry in the Spousal Property Relations Register has come into effect, the Enterprise Register shall immediately make the information regarding all the entries made in the Spousal Property Relations Register available electronically to the Land Register offices and send it to the holders of movable property registers.

[8 October 2020 / Section shall come into force on 1 February 2021. See Paragraph 39 of Transitional Provisions]

CHAPTER 8.^2A
KEEPING OF THE REGISTER OF BENEFICIAL OWNERS OF LEGAL ARRANGEMENTS

[6 December 2023]

Section 18.^28A Registration in the Register of Beneficial Owners of Legal Arrangements

The Enterprise Register shall register information in the Register of Beneficial Owners of Legal Arrangements on the basis of an application of the authorised representative (manager) of the legal arrangement and shall take a relevant decision on the registration of information.

The decision on the registration of information in the Register of Beneficial Owners of Legal Arrangements shall enter into effect from the moment of signing thereof.

For the purpose of identifying the legal arrangement on whose beneficial owners information has been registered in the Register of Beneficial Owners of Legal Arrangements, an identifier to be used only within the scope of this Register shall be granted to the relevant legal arrangement.

[6 December 2023]

Section 18.^28B Submission of the Application for the Registration of Information in the Register of Beneficial Owners of Legal Arrangements

The application and the documents appended thereto for the registration of information in the Register of Beneficial Owners of Legal Arrangements and the application for changes in the registered information shall be submitted in accordance with the procedures laid down in Section 4.⁴, Paragraph six of this Law and the obligation and terms for the submission of information to the Enterprise Register laid down in the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing.

Information which, in accordance with the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing, should be registered in the Register of Beneficial Owners of Legal Arrangements shall be indicated in the application for the registration of information. Information according to the nature of changes shall be indicated in the application for the registration of changes.

Documents justifying the information indicated in the application, including the document confirming the conformity of the information identifying the beneficial owner of the legal arrangement (a notarised copy of a personal identification document, a statement from the foreign population register, or other documents considered equivalent to the abovementioned documents) shall be appended to the application.

[6 December 2023]

Section 18.^28C Examination of the Documents Submitted for the Registration of Information in the Register of Beneficial Owners of Legal Arrangements

The Enterprise Register shall, within three working days after receipt of the application, decide on the registration of information or refusal to register information in the Register of Beneficial Owners of Legal Arrangements.

The Enterprise Register shall refuse the registration of information in the Register of Beneficial Owners of Legal Arrangements if:

1) the documents submitted do not meet the requirements provided for in laws and regulations;

2) the information indicated in the application is unclear or does not contain all necessary information;

3) all necessary documents which justify the information to be registered in accordance with the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing have not been submitted.

If the Enterprise Register takes the decision on the refusal to register information in the Register of Beneficial Owners of Legal Arrangements, the State fee paid for registration shall not be repaid. If, within a month from the day when the Enterprise Register has taken the decision on the refusal to register information in the Register of Beneficial Owners of Legal Arrangements, the submitter of the application has eliminated the deficiencies indicated in the decision and has re-applied registration of the same information, the State fee need not be paid repeatedly.

[6 December 2023]

Chapter 8.³
EXCHANGE OF INFORMATION AND DOCUMENTS, USING THE SYSTEM OF INTERCONNECTION OF REGISTERS

[6 July 2021]

Section 18.²⁹ Transfer of Information, Using the System of Interconnection of Registers

Using the system of interconnection of registers, the Enterprise Register shall transfer information and documents on commercial companies, branches of capital companies of the Member States in Latvia, and the beneficial owners of the registered legal entities and legal arrangements.

After registration of a branch of a capital company of the Member State with the Commercial Register, making of changes in entries regarding a branch, or after exclusion of a branch from the Commercial Register, the Enterprise Register shall, using the system of interconnection of registers, notify the register of such Member State thereof in which the capital company has been registered.

Within the meaning of this Chapter, a Member State is a European Union Member State, the Republic of Iceland, the Kingdom of Norway, and the Principality of Liechtenstein.

[6 July 2021; 6 December 2023]

Section 18.³⁰ Information and Documents on a Capital Company of the Member State which has Opened a Branch in Latvia

The Enterprise Register shall register the following information on a capital company of the Member State which has opened a branch in Latvia:

1) the firm name;

2) the type of the capital company;

3) the location (legal address);

4) the register in which the capital company is registered if the law of the state of the location of the capital company provides for the entering of the capital company in a register;

5) the registration number;

6) the given name, surname, date of birth or national identification number, if such has been granted, and position of the persons with the right of representation (if the persons referred to in this Clause are a legal person - the name, registration number, and legal form of the legal person), indicating the extent of the right of representation;

7) information on reorganisation of the capital company;

8) information on implementation and termination of legal protection proceedings of the capital company, information on declaration and termination of insolvency proceedings of the capital company;

9) information on termination of the activity and liquidation of the capital company.

The information referred to in Paragraph one, Clauses 1, 2, 3, 4, 5, and 6 of this Section shall be indicated in the application for the registration of a branch of a capital company of the Member State.

The Enterprise Register shall, without taking a separate decision, register changes in information and documents on a capital company registered in the register of the Member State on the basis of a notification which has been received in the system of interconnection of registers.

The Enterprise Register shall attach the annual statement of the capital company to the registration file of the branch of the capital company of the Member State if it has been received in the system of interconnection of registers from the register institution of the Member State.

[6 July 2021 / See Paragraph 43 of Transitional Provisions]

Section 18.³¹ Information on a Branch of a Commercial Company in the Member State

On the basis of a notification which has been received in the system of interconnection of registers from the register of the Member State, the Enterprise Register shall, without taking a separate decision, register information on a branch of a commercial company in the Member State.

[6 July 2021 / See Paragraph 43 of Transitional Provisions]

Section 18.³² Changes in Information and Documents on a Commercial Company which has Opened a Branch in the Member State

Using the system of interconnection of registers, the Enterprise Register shall, without delay, notify the Member State in which a branch of a commercial company is registered of the following changes in the information and documents on the commercial company:

1) the firm name;

2) the type of the commercial company;

3) the location (legal address);

4) the registration number;

5) the given name, surname, date of birth or national identification number, if such has been granted, and position of the persons with the right of representation, indicating the extent of the right of representation;

6) information on reorganisation of the commercial company;

7) information on termination and liquidation of the activity of the commercial company;

8) information on implementation and termination of legal protection proceedings of the commercial company, information on declaration and termination of insolvency proceedings of the commercial company;

9) the annual statement;

10) other information specified in the legal acts of the European Union.

[6 July 2021 / See Paragraph 43 of Transitional Provisions]

Section 18.³³ Confirmation Regarding a Notification Received in the System of Interconnection of Registers

After receipt of the notification referred to in Section 18.³⁰, Paragraph three and Section 18.³¹ of this Law, the Enterprise Register shall, using the system of interconnection of registers, confirm that such notification has been received and ensure that information and documents are updated without delay.

[6 July 2021 / See Paragraph 43 of Transitional Provisions]

Section 18.³⁴ Information on Beneficial Owners

The Enterprise Register shall accumulate, transfer into the system of interconnection of registers, and ensure public availability of the following personal data of the beneficial owners of registered legal entities and legal arrangements:

1) the given name;

2) the surname;

3) the date, month, year of birth;

4) the personal identity number granted in Latvia, if any;

5) the nationality and the state of permanent place of residence;

6) other information specified in the legal acts of the European Union.

[6 July 2021; 6 December 2023 / See Paragraph 51 of Transitional Provisions]

Section 18.³⁵ Cross-Border Reorganisation of Commercial Companies

If after the cross-border reorganisation it is intended to register the acquiring commercial company in another Member State, the Enterprise Register shall, in accordance with the provisions of Section 14 of this Law, verify whether the commercial company registered in Latvia has carried out all the activities specified in this Law which are required for the completion of the cross-border reorganisation and shall issue a pre-reorganisation certificate if the activities specified in this Law have been performed.

If after the cross-border reorganisation the acquiring commercial company is registered in Latvia, the Enterprise Register shall, in accordance with the provisions of Section 14 of this Law, verify the legality of the cross-border reorganisation in relation to the completion of the cross-border reorganisation or the foundation of a new commercial company as a result of the cross-border reorganisation.

If after a cross-border reorganisation the acquiring commercial company is registered in Latvia, the Enterprise Register shall, without delay and via the system of interconnection of registers, notify of the coming into effect of the cross-border reorganisation and also of the entry of the acquiring companies in the Commercial Register in the cross-border division process and such information shall be notified to the register where the relevant commercial company registered in another Member State had to submit documents.

The Enterprise Register shall ensure that the pre-reorganisation certificate, reorganisation contract, and notice to shareholders, creditors and employee representatives (if there are none - to employees) inviting to express their views on the reorganisation contract or draft contract are accessible using the system of interconnection of registers.

[11 May 2023]

Chapter Nine
OTHER PROVISIONS

[8 October 2020]

Section 19. Procedures for Contesting and Appealing the Decisions and Actions of the State Notaries of the Enterprise Register

The decisions and actions of the State notaries of the Enterprise Register may be contested in accordance with the procedures laid down in law by submitting the relevant application to the Chief State Notary of the Enterprise Register. The Chief State Notary of the Enterprise Register shall take a decision within one month from the submission of an application. If due to objective reasons the abovementioned deadline cannot be complied with, the Chief State Notary of the Enterprise Register may extend it in accordance with the procedures laid down in the Administrative Procedure Law. Contesting of a decision of a State notary of the Enterprise Register or appealing a decision of the Chief State Notary of the Enterprise Register shall not suspend its operation. The decisions and actions of the Chief State Notary of the Enterprise Register may be appealed to before a court in accordance with the procedures laid down in law.

[15 January 2004; 6 March 2008; 5 March 2009]

Section 20. Liability of the Officials of the Enterprise Register

The State notaries and other officials of the Enterprise Register shall be liable for the violations of this Law in accordance with the procedures laid down in this Law.

If the action of an official of the Enterprise Register has been found unlawful in accordance with the procedures laid down in laws and other laws and regulations, and an enterprise (company), merchant or group of companies has incurred losses as a result of such action, they shall be compensated.

Section 21. Liability and Obligation of the Recipients of Information to Erase Personal Data

The responsible official of the Enterprise Register shall propose to hold statutory liable the persons who are guilty for the non-submission to the Enterprise Register of the information or documents laid down in the laws and regulations on enterprises (companies), merchants, European Economic Interest Groupings, European commercial companies or European cooperative societies within the time period specified in the laws and regulation or the non-execution of the legal decisions of the officials of the Enterprise Register within the specified time period, or incomplete execution, or the provision of false information.

The relevant persons shall be held statutory liable for the non-submission of the information or documents laid down in the Associations and Foundations Law or the Law on Political Parties within the time period laid down in the law, for the non-provision of information upon request of the officials of the Enterprise Register in accordance with the procedures laid down in the law, and also for the provision of false information on associations or foundations, political parties, or their alliances.

The Enterprise Register has the right to request that the recipient of information erases the personal data received from the Enterprise Register, including electronically available documents containing personal data, if it is detected that inappropriate processing of personal data has occurred. If the recipient of information does not execute the request of the Enterprise Register, the Enterprise Register shall turn to the Data State Inspectorate.

[18 March 2004; 28 October 2004; 15 June 2006; 14 November 2019]

Section 22. Exemption from the Payment of Court Fees

The Enterprise Register shall be exempted from the payment of court fees if it is bringing an action for the liquidation, termination of operation or recognition of nullity of an enterprise (company) or commercial company, and also in cases when the Enterprise Register brings an action in the interests of such person which has been declared as insolvent.

Transitional Provisions

[30 January 1997]

1. Signature samples of such persons to whom the right to sign have been granted in an enterprise (company) shall be replaced with signature samples certified in accordance with the procedures laid down in the law, which, similar to the diazo transparency copies of shareholder (stockholder) passports or registration certificates, shall be submitted to the Enterprise Register until 31 December 1997. If during this time period amendments to the basic documents of the enterprise (company) are submitted to the Enterprise Register of the Republic of Latvia, the certified signature samples and diazo transparency copies of passports or registration certificates shall also be submitted concurrently.

2. [14 June 2001]

3. Amendments to Section 9, Paragraph one of this Law regarding the right of bailiffs to receive information from the Enterprise Register free of charge shall be applicable from 1 January 2003.

[31 October 2002]

4. Until the day of coming into force of the Administrative Procedure Law, the word "sūdzību" (complaint) shall be used instead of the word "iesniegumu" (submission) in Section 19 of this Law.

[5 June 2003]

5. The provisions of this Law regarding the registration of European Economic Interest Groupings and the activities associated therewith shall come into force on 1 May 2004.

[18 March 2004]

6. Until the day of coming into force of the relevant law, the Enterprise Register shall register the individual undertakings and the farm and fishing undertakings that are subject to the norms of this Law regarding the registration of undertakings (companies). The norms of this Law regarding the registration of undertakings (companies) shall also be applicable to cooperative societies.

[17 February 2005]

7. Provisions of this Law laying down the function of the Enterprise Register to register arbitration courts (Section 1, Clause 1 and Section 2.¹³) shall be applicable from 1 April 2005.

[17 February 2005]

8. Provisions of this Law laying down the function of the Enterprise Register - to register European cooperative societies (amendments to Section 1, Clause 1, new wording of Section 2.¹⁵ and amendments to Section 21, Paragraph one) shall be applicable from 18 August 2006.

[15 June 2006]

9. Section 4.² of this Law shall come into force on 1 January 2007.

[15 June 2006]

9.¹ The new wording of Section 4.² of this Law (regarding the imposition of the international and national sanctions of the Republic of Latvia) shall come into force concurrently with the Law on International Sanctions and National Sanctions of the Republic of Latvia.

[4 February 2016]

10. The norms of this Law, which determine the function of the Enterprise Register - to keep the Register of Political Parties (amendments to Section 1, Clause 1, amendments to Section 2.², the new revision of Section 2.¹⁴, the new Chapter Six, amendments to Section 21, Paragraph two), shall come into force concurrently with the Law on Political Parties.

[15 June 2006]

11. The norms of this Law laying down the right of a person to receive information from the Enterprise Register Journal and the documents present in the registration file of an enterprise (company) in electronic form shall be applied to the information which has been registered in the Enterprise Register Journal after 1 January 1997.

[6 March 2008]

12. Not later than until 20 November 2009, the Enterprise Register shall, without taking a separate decision, include in the Register of Public-Private Partnership Contracts the entries of the Register of Concession Contracts which based on the Concessions Law have been made until the day of coming into force of the Law on Public-Private Partnership.

[15 October 2009]

13. If the decision to transfer concession resources by way of concession has been taken and conditions for granting concession have been approved in accordance with the provisions of the Concessions Law, the Enterprise Register shall register the concession contract in the Register of Public-Private Partnership Contracts by applying the provisions of the Law on Public-Private Partnership to the registration.

[15 October 2009]

14. The norms of this Law which govern formation of a name (firm name) and lay down that a name (firm name) applied for registration may not coincide with a name (firm name) applied for entering or entered in the registers kept by the Enterprise Register (supplementation of Section 4 with Paragraph 5.³, the new revision of Section 5, supplementation of Section 8 with Paragraphs fifteen and sixteen, the new revision of Section 14, Paragraph five and supplementation of the Section with Paragraph eight, the new revision of Section 18.¹, Paragraph five and supplementation of the Section with Paragraph eight, the new revision of Section 18.⁶, Clauses 2 and 3 and supplementation of the Section with Paragraph two, the new revision of Section 18.¹⁴, Paragraph two, Clauses 4 and 5 and supplementation of the Paragraph with Clause 6, and also supplementation of the Section with Paragraphs seven and eight) shall come into force on 1 December 2010.

[28 October 2010]

15. The amendments to Sections 5, 8, 14, 18.¹, 18.⁶, and 18.¹⁴ of this Law regarding the difference of a name (firm name) from the names (firm names) entered or applied for entering in the registers kept by the Enterprise Register shall not affect the right of the legal entities to the name (firm name) which has been entered or applied for entering in the relevant register until 30 November 2010.

[28 October 2010]

16. Section 4.⁷ of this Law shall come into force on 1 January 2014.

[2 May 2013]

17. Amendments to Section 6, Paragraph one, Clauses 8 and 9, Paragraph two, Clause 3, Paragraph three, Clause 1 and Paragraph five, Clause 3 of this Law laying down that information on the place of residence of a person is not the information to be entered in the Enterprise Register Journal shall come into force on 1 April 2014.

[16 January 2014]

18. Starting from 1 April 2014, when amendments to Section 6, Paragraph one, Clauses 8 and 9, Paragraph two, Clause 3, Paragraph three, Clause 1 and Paragraph five, Clause 3 of this Law laying down that information on the place of residence of a person is not the information to be entered in the Enterprise Register Journal come into force, an official of the Enterprise Register shall, without taking a separate decision, make an entry in the Enterprise Register Journal on the exclusion of such information from the Enterprise Register Journal which contains information on the place of residence of a person.

[16 January 2014]

19. Amendments to Section 6, Paragraph five, Clause 5 of this Law regarding the establishment of trusteeship shall come into force on 1 September 2014.

[16 January 2014]

20. Until 1 October 2014, the Enterprise Register shall, without taking a separate decision, update the information entered in the Enterprise Register Journal until 31 August 2014 by replacing the given name and surname of the trustee with information on the establishment of trusteeship.

[16 January 2014]

21. The Enterprise Register shall, on 17 February 2014, assign the identifier of the recipient of payment of the Single Euro Payments Area to each entity registered in registers kept by the Enterprise Register which has been registered thereby as a taxpayer in accordance with the laws and regulations governing the field of taxes until 16 February 2014 (except such entities operation of which has been terminated in accordance with the procedures laid down in laws and regulations), without taking a separate decision thereon. Entries in which the name, registration number of the respective entity and the identifier of the recipient of payment of the Single Euro Payments Area is indicated shall be published free of charge in a single publication in the official gazette Latvijas Vēstnesis, if publishing of entries is provided for in laws and regulations.

[16 January 2014]

22. Amendments regarding exclusion of Section 2.⁹, and also amendments to Section 4, Clause 5.³ of this Law in relation to exclusion of verification of the name (firm name) of the legal entity and it being different from the names entered or applied for entering in the register of trade unions shall come into force concurrently with the coming into force of the Law on Trade Unions.

[16 January 2014]

23. The new wording of Section 14, Paragraph six of this Law which determines that the State notary of the Enterprise Register shall take the decision to enter a capital company in the Commercial Register or the decision on the changes in the composition of the executive board of a capital company only in the case if at least one of the members of the executive board of a capital company is a citizen of Latvia, non-citizen of Latvia or a citizen of another Member State of the European Union, European Economic Area country or a citizen of the Swiss Confederation, shall come into force concurrently with the relevant amendments to the Commercial Law.

[17 December 2014 / The abovementioned amendment will be included in the wording of the Law as of the day of coming into force of the relevant amendments to the Commercial Law]

24. The new wording of Section 2 of this Law and amendments which provide for the deletion of Section 8, Paragraph one, Clause 1, Section 13, Section 14, Paragraph one, Clause 1 and Section 18.¹² of this Law in relation to the refusal from determining jurisdiction of cases shall come into force on 1 July 2018.

[23 March 2017 / The abovementioned amendments shall be included in the wording of the Law as of 1 July 2018]

25. Section 4.¹¹, Paragraph one, Clause 9 of this Law shall come into force on 1 July 2017.

[23 March 2017 / The abovementioned amendments shall be included in the wording of the Law as of 1 March 2017]

26. Section 4.¹⁴ of this Law shall come into force on 1 January 2020.

[23 March 2017 / The abovementioned amendments shall be included in the wording of the Law as of 1 January 2020]

26.¹ The amendment to this Law which provides for a new wording of the text of Section 4.¹⁴ shall come into force on 1 January 2020.

[1 June 2017]

27. Until the day of coming into force of the relevant amendments come to the law On the Press and Other Mass Media which lay down the information to be indicated in the registration certificate of the mass media, the information to be indicated in the application for registration, application for changes in the Register of Mass Media and application for the deletion of the mass medium from the register, Cabinet Regulation No. 433 of 7 June 2011, Regulations Regarding Application Forms for Entries in the Enterprise Register Journal and Mass Media Register, and Registration Certificates, shall be applied to mass media, however no longer than until 31 December 2017, insofar as it is not in contradiction with this Law.

[23 March 2017]

28. The State Revenue Service shall, not later than until 31 December 2017, transfer to the Enterprise Register the information at its disposal that is to be entered in the Register of Public Entities and Institutions.

[1 June 2017]

29. Within the time period from 1 March 2018 until 1 April 2018, the public entities and institutions to be entered in the Register of Public Entities and Institutions shall clarify the information already available in the Enterprise Register that has been acquired in accordance with Paragraph 28 of these Transitional Provisions or submit updated missing information which in accordance with Section 18.¹⁸ of this Law is to be entered in the Register of Public Entities and Institutions.

[1 June 2017]

30. The norms of this Law laying down the function of the Enterprise Register to ensure keeping of the Register of Public Entities and Institutions (Section 2.¹⁹, Section 4, Clause 5.¹⁰, Section 18.¹⁹ and Section 18.²⁰) shall come into force on 1 March 2018.

[1 June 2017]

31. The norms of this Law laying down the function of the Enterprise Register to ensure the availability of the information of the Register of Public Entities and Institutions on the public entities and institutions entered therein (amendment to Section 1, Clause 1, amendment to Section 4.¹¹, Paragraph two and Section 18.²¹) shall come into force on 1 June 2018.

[1 June 2017]

32. Amendments to Section 6 of this Law in relation to the information to be entered in the Enterprise Register Journal on cooperative societies shall come into force on 1 January 2019.

[10 May 2018]

33. The Enterprise Register shall, by 30 June 2019 without taking a separate decision, update the information to be entered in the Enterprise Register Journal on a cooperative society by excluding the main type of activity and secondary activities thereof, the date of signing the articles of association, the minimum size of the equity capital, the number of cooperative shares and their nominal value, and also replacing the information on joint representation of the members of the executive board with a procurator with the information on joint representation of the members of the executive board.

[10 May 2018]

34. Until the day of coming into force of the relevant Cabinet regulations, but not longer than until 10 January 2020 Cabinet Regulation No. 191 of 27 March 2018, Regulations Regarding Services of Provision of Information by the Enterprise Register of the Republic of Latvia and Other Paid Services, shall be applicable, insofar as they are not in contradiction with this Law.

[14 November 2019]

35. Amendments to Section 4.¹⁰ of this Law regarding the supplementation thereof with Paragraph twelve determining information on a natural person to whom the Enterprise Register shall ensure access in the form of open data shall come into force on 1 November 2020. The Enterprise Register shall ensure that the information specified in Section 4.¹⁰, Paragraph twelve, Clause 2 of this Law is available in the form of open data starting from 1 November 2020, but the information specified in Clauses 1 and 3 - starting from 1 February 2021.

[8 October 2020]

36. Section 4.¹⁶, Paragraph one, Clause 4 of this Law shall come into force on 1 July 2022. In the cases referred to in Section 4.¹⁶, Paragraph one, Clause 4 of this Law, the Enterprise Register shall send the information to the State Revenue Service, taking into account the information accumulated since 1 July 2022 in relation to the founders of the legal entities registered in the registers kept by the Enterprise Register referred to in Section 4.¹⁶, Paragraph one of this Law.

[8 October 2020]

37. Section 4.¹⁶, Paragraph one, Clause 3 of this Law shall be applicable to limited liability companies from 1 November 2020, but to joint stock companies - from 1 July 2022. In the cases referred to in Section 4.¹⁶, Paragraph one, Clause 3 of this Law, the Enterprise Register shall send the information to the State Revenue Service, taking into account the information accumulated since 1 July 2022 in relation to the founders of joint stock companies (the applications for registration of which are received by the Enterprise Register after 1 July 2022).

[8 October 2020]

38. The provisions specified in Section 4.¹⁶, Paragraph one of this Law shall be applicable to commercial companies from 1 November 2020, but to all other legal entities registered in the registers kept by the Enterprise Register referred to in Section 4.¹⁶, Paragraph two of this Law - from 1 July 2022. Until the memorandum of understanding referred to in Section 4.¹⁶, Paragraph six of this Law is concluded, the Enterprise Register shall provide information to the State Revenue Service in accordance with the memorandum of understanding concluded in accordance with the memorandum of understanding provided for in Section 4, Clause 5.⁹ of this Law (in the wording which was in force until 31 October 2020).

[8 October 2020]

39. Amendment regarding the new wording of Section 2.⁶, Paragraph one of this Law and Chapter 8.² of this Law shall come into force on 1 February 2021.

[8 October 2020]

40. With regard to any applications for making an entry in the Spousal Property Relations Register submitted to the Enterprise Register before amendments to this Law come into force which provide for the supplementation of the Law with Chapter 8.² regarding the registration of spousal property relations, such regulations shall apply which were in force at the time when the application was submitted. The provisions of this Law shall be applicable to the actions of the State notary of the Enterprise Register when reviewing the submitted documents and making an entry in the Spousal Property Relations Register on the basis of such an application, taking into account any amendments made in relation to the registration of spousal property relations in the Enterprise Register.

[8 October 2020]

41. By 1 March 2021, the Enterprise Register shall make an entry in the Spousal Property Relations Register on the deletion of any information containing the premarital surname of a person, place of residence, and passport data of a person with a Latvian personal identity number or data of another document equivalent to a passport, without taking a separate decision or publishing it in the official gazette Latvijas Vēstnesis.

[8 October 2020]

42. [6 July 2021]

43. Section 18.²⁹, Paragraphs one and two, Section 18.³⁰, Paragraph one, Clause 6 and Paragraph three, Sections 18.³¹, 18.³², and 18.³³, and also Section 18.³⁴ of this Law in part regarding the information to be transferred into the system of interconnection of registers on beneficial owners shall be applied from the day when the system of interconnection of registers and the registers of Member States, including the Enterprise Register, ensure transfer and receipt of information and documents, using the system of interconnection of registers.

[6 July 2021]

44. Only the decisions of the State notaries referred to in Section 4.¹⁵, Paragraph one, Clause 3, Sub-clause "a" of this Law on making of an entry and attaching of a document to the registration file which have been taken starting from 1 August 2021 shall be attached in the public part of the registration file.

[6 July 2021]

45. Amendments to Section 4.², Clauses 4 and 5, Section 4.⁵, Paragraph one, Clause 10, Section 4.¹⁰, Paragraph twelve, Clause 3, Section 4.¹⁵, Paragraph one, Clause 2, Sub-clause "b", Section 4.¹⁶, Paragraph one, Clause 3, Section 17, Paragraph two of this Law regarding the application of the regulation to capital companies and supplementing Section 17 of this Law with Paragraph three shall come into force on 1 July 2023.

[2 June 2022; 11 May 2023]

46. Section 18.³⁵, Paragraphs three and four of this Law with regard to ensuring the accessibility of the pre-reorganisation certificate using the system of interconnection of registers and the information to be transferred into the system of interconnection of registers shall be applied from the day when the system of interconnection of registers and the registers of Member States, including the Enterprise Register, ensure the transfer and receipt of such information and documents, using the system of interconnection of registers. Until the time when the Enterprise Register and the registers of the Member States ensure the transfer of information and documents in the system of interconnection of registers, the Enterprise Register shall ensure the transfer and receipt of information and documents through the existing channels of communication.

[11 May 2023]

47. Section 4, Clause 3.² of this Law, the amendment to Section 4, Clause 5.¹³ of this Law regarding the task for the Enterprise Register to register and store the messages received and sent in the system of interconnection of registers, Section 4.¹⁸ and Section 4.¹⁹ of this Law shall come into force on 1 August 2023.

[11 May 2023]

48. The amendment to Section 4.¹⁵, Paragraph one, Clause 3, Sub-clause "a" of this Law regarding the inclusion of the division of the stockholder register and the joint-stock company's notice on acquisition, increase, or reduction of stockholder participation in the public part of the registration file shall be applied from 1 July 2023.

[11 May 2023]

49. Until the development of an appropriate technical solution, but no later than by 2 June 2025, the information on the subjects of sanctions referred to in Section 4.¹⁵, Paragraph one, Clause 2, Sub-clauses "d" and "e" of this Law shall be published only in the form of an aggregated list on the website of the Enterprise Register.

[5 October 2023]

50. Section 4.¹⁰, Paragraph twelve and Section 4.¹⁵, Paragraph one of this Law in relation to the availability of information on the beneficial owners of legal arrangements in the open data form and public part of the registration file accordingly shall be applied starting from 6 January 2025. Until the abovementioned date, the Enterprise Register shall ensure the availability of information on the beneficial owners of legal arrangements on the website of the Enterprise Register www.ur.gov.lv.

[6 December 2023]

51. Section 18.³⁴ of this Law in relation to the transfer of information on the beneficial owners of legal arrangements in the system of interconnection of registers shall be applied starting from 6 January 2025.

[6 December 2023]

Informative Reference to European Union Directives

[6 July 2021; 11 May 2023]

The Law contains legal norms arising from:

1) Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law;

2) Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU;

3) Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law;

4) Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions.

Chairperson of the Supreme Council
of the Republic of Latvia A. Gorbunovs

Secretary of the Supreme Council
of the Republic of Latvia I. Daudišs

Rīga, 20 November 1990

Translation © 2024 Valsts valodas centrs (State Language Centre)