Identification and Representation Documents
Upon submitting a claim, creditor should present identification and representation documents in person at the main office of ABLV Bank, AS in liquidation (hereinafter – the Company) at 7 Skanstes Street, Building 1, Riga.
Creditor should present original or notarised copies of the necessary documents. Documents should be in Latvian, Russian or English, or supplemented with a notarised translation in any of these languages.
By filing a claim, creditor confirms that it has acquainted itself with the General Terms of Liquidation, consents to them and recognises them as binding.
Upon extending the representative’s authorization to represent the creditor, one should submit the representation documents proving the person’s authorisation to act on behalf of the creditor and the documents confirming creditor’s status (for legal entities). The identification and representation documents to be submitted are subject to the requirements listed below.
In case of replacement of creditor’s representative, the new representative should be identified in person at the office of ABLV Bank, AS in liquidation at 7 Skanstes St., Building 1, Riga.
Decision on sufficiency and admissibility of documents is made on a case-by-case basis; therefore, fulfilment of requirements listed in this Section does not guarantee recognition or satisfaction of creditor’s claim.
This Section provides information and explanations for all types of clients and creditors; therefore, please take into account information that applies to you.
Creditor may be requested to provide additional information and documents set forth in the legislation effective at the time or Company’s General Terms of Liquidation, or required on the grounds of decisions made by institutions controlling the operation and liquidation of the Company, or other circumstances.
1. Creditor - natural entity
Submitter of claim | Documents required | Explanation |
Resident | Personal identity document |
Personal identity documents are: |
Non-resident |
Personal identity document valid for travel to Latvia | |
Authorised representative |
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If creditor is a minor, its representative has to submit a document attesting that he/she is one minor’s parents or legal representative. |
If creditor is represented by an authorised representative acting on the grounds of power of attorney, the power of attorney should be valid and in a form of notarial deed. Creditor has to ensure the Company with a valid power of attorney during the entire period liquidation. | ||
If the right of representation arises from a court ruling, the court ruling should be presented. | ||
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If the representative is a non-resident, a personal identity document submitted should be valid for travel to Latvia. |
2. Creditor - legal entity or legal arrangement1
Documents required | Explanation |
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If information on legal registration is available in another document submitted by creditor, e.g., notice from a commercial register, a separate registration certificate is not required. |
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If creditor’s jurisdiction or legal form does not require having articles of association, it is sufficient to submit just a memorandum of association. |
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For example, notice from a commercial register, certificate of good standing, or certificate of incumbency issued by registration agent. The documents should be issued less than one year ago. |
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Personal identity documents are: |
Additional documents to be
submitted by legal arrangements |
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Other documents may also be required depending on the structure of legal arrangement. |
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3. Additional requirements
For identity documents
- The document
certifying the authorization of the representative to act on behalf of the
creditor should contain name, surname and at least one of the below mentioned
parameters:
- personal identity number (for Latvian residents);
- his/her date of birth;
- valid personal identification document number of the authorized representative.
- Documents issued by or document copies certified by a registration agent should be supplemented with a notarized document that evidences the signatory’s right to sign documents or certify copies on behalf of the registration agent.
For certification of identity documents
- If a foreign legislation does not envisage any form of notarial deed, the notary public should certify on the power of attorney that a person signing the power of attorney has legal capacity, has signed the power of attorney in the presence of the notary public and was entitled to act on behalf of the legal entity or its right of representation arises from other documents submitted (e.g., statement from the commercial register showing that the power of attorney is signed by the board of the legal entity).
- The Company accepts documents issued by registration agents included in the registers of the following jurisdictions: British Virgin Islands, Belize, Seychelles, Anguilla, Bahamas, Cayman Islands, Dominica, Marshall Islands, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia.
- The confirmation of the right of representation of the representative of the incorporation agent made by the notary public should enable ascertaining that the notary public has himself/herself verified and confirmed that natural entity, which has appeared before the notary public, is indeed the person, which has signed documents submitted to the Company, and that this natural entity has the right to represent the agent (is not acting as e.g. an authorised representative or a person with signatory rights).
- If an individual – the claim transferee – is represented by another individual, then one should submit the notarized copy of personal identity document of this individual (the claim transferee) or a copy certified by an official equal to notary’s functions or person belonging to the judicial system. In preparing the documents requirements for legalization of documents should be followed; the notarization should be provided regarding the personal identity documents of the claim transferee indicated in the authorization documents submitted to the Company.
Requirements for public documents2
Requirements for submitted public documents — certification with Apostille and legalisation:
- Public documents issued in the Republic of Latvia, member states of the European Union and the European Economic Area, the Swiss Confederation, the Russian Federation, the Republic of Belarus, Ukraine, the Kyrgyz Republic, the Republic of Moldova, the Republic of Uzbekistan do not require legalisation or certification with Apostille;
- If a public document is issued in a country that is a contracting state of the Hague Convention of 5 October 1961 On Abolishing the Requirement of Legalization for Foreign Public Documents, and it is not listed above, the authenticity of the document should be certified with Apostille. Documents legalised for use in another contracting state of the Hague Convention of 5 October 1961 may be submitted.
- If a public document is issued in the country that is not mentioned above, the document should first be legalised by a competent authority of the given country, and then by the Consular Department of the Ministry of Foreign Affairs of the Republic of Latvia or by a diplomatic or consular mission of the Republic of Latvia in the given country.
Other
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1↩Paragraph 8 of Section 1 of the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing of the Republic of Latvia defines the legal arrangement as an association of persons which has a permanent legal capacity and capacity to act, as well as an arrangement which is not a legal person, but has a permanent legal capacity and capacity to act and the structure of which may involve a founder, proxy, supervisor (manager) or statuses similar thereto, and a beneficiary – if the natural person gaining the benefit is not yet identified – a person in whose interests the legal arrangement has been established or operates, any other natural person who is actually exercising control over the legal arrangement, by means of ownership or otherwise. 2↩Public documents are: |