ABLV Bank, AS in Liquidation
Building 1, 7 Skanstes St.,
Riga, LV-1013, Latvia 		Tel: +371 6777 5555
Fax: +371 6777 5200
E-mail: info@ablv.com

www.ablv.com
ABLV
Latest News / Creditor Claims /

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:
1) personal identification card or electronic identification card (eID);
2) passport.

Non-resident

Personal identity document valid for travel to Latvia

Authorised representative   
  1. Document attesting to person’s right to act on behalf of a creditor
  		 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.

  1. Personal identity document

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
  1. Documents confirming the name, legal form and legal registration of creditor
 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.
  1. Articles of association and memorandum of association
 If creditor’s jurisdiction or legal form does not require having articles of association, it is sufficient to submit just a memorandum of association.
  1. Documents confirming creditor’s status
 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.
  1. Documents attesting representative’s authorisation to act on behalf of the creditor
   

  • Legitimate representatives:

    If the creditor is being represented by the board or any other governing body, documents evidencing the list of such representatives should be presented, e.g., a document on appointment of the board and notice from the commercial register or certificate of incumbency issued by registration agent. The documents should be issued less than one year ago.

    If creditor’s legitimate representative is another legal entity (e.g., in case of a limited partnership), documents attesting to registration of such a legal entity and authorisation of entity’s representatives should be submitted. Requirements for the form, contents and date of such documents are the same as for creditor’s and its representative’s identity documents.

  • Representatives under a power of attorney:

    If creditor is represented by an attorney, it has to submit the same documents as in case of having a leqitimate representative. Additional documents should be provided evidencing that legitimate representatives have granted the relevant authorisation to the attorney. Power of attorney is regarded as such a document. Powers of attorney may be issued by persons that are not creditor’s legitimate representatives, but only if the power of attorney envisages the right of substitution. Powers of attorney have to be valid and made in a form of a notarial deed. Creditor has to ensure the Company with a valid power of attorney during the entire period liquidation. In order to avoid complications upon communication in the course of creditors’ review and upon payout, the Company suggests submitting power of attorney that will be valid for at least six months after the creditor’s claim is filed. Please note that the scope and duration of attorney’s authorisation may not exceed the scope and duration of authorisation granted to principal.
    If creditor’s representative has been authorised by another attorney of creditor, and such an attorney is not creditor’s legitimate representative, documents attesting to authorisation of such an attorney have to be submitted. If creditor’s representative has been authorised by an attorney of creditor, and such an attorney is a legal entity, documents attesting to authorisation granted to a respective person to represent that legal entity have to be submitted.
    creditor’s director or general partner, all documents proving the right of such a representative to represent the said legal entity have to be submitted to the Company alongside the documents confirming the status of such legal entity.
    Requirements for the form, contents and date of such documents are the same as for creditor’s and its representative’s identity documents.

  • Authorisation pursuant to a court ruling:

    If the authorisation arises from a court ruling, the court ruling should be presented.
  1. Personal identity document of creditor’s representative

Personal identity documents are:
1) personal identity card or electronic identification card (eID);
2) passport.

Additional documents to be submitted by legal arrangements
  
  1. Documents confirming the status and name of legal arrangement, as well as purpose of its establishing
 Other documents may also be required depending on the structure of legal arrangement.
  1. Documents showing the structure and management scheme, including the ultimate beneficial owner or a person in whose interests the legal arrangement has been established or operates
  

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
  • If a name and/or surname or other identification data (e.g. personal identity number) of creditor or its representative has changed, documents attesting to the change of these data should be presented.
  • If power of attorney, law or court ruling envisages joint right of representation to several persons, creditor can be represented only by all representatives collectively.
  • If power of attorney is issued more than two years ago, it should be supplemented with statement of non-revocation.
  • If in relationships with the Company a creditor is represented by an official of a legal entity, the creditor should at least once in 2 years submit a document certifying the active status of the legal entity and a statement from the register of enterprises or Certificate of Incumbency issued by the registration agent and indicating an official who is representative of the creditor in relationships with the Company. The above mentioned documents are valid for submitting to the Company if they are issued less than 12 month before. The rights of the official to represent the creditor in the relationships with the Company are being extended for 2 years since the day the document certifying the active status of the legal entity was issued.


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:
- documents emanating from an authority or an official connected with the courts or tribunals of the state, including those emanating from a public prosecutor, a clerk of a court or a process-server;
 - administrative documents;
- notarial deeds;
- official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.