Inclusion and updating of information in the register of individuals
On 28 June 2021, the Law of the Register of Natural Persons entered into force, in which, among other things, the Enterprise Register has an additional function or obligation to include and update information in the Register of Natural Persons.
On the basis of Section 4, Paragraph one, Clause 2, Sub-paragraph (d) of the Law on the Register of Natural Persons, the Enterprise Register shall include and update the information in the Register of Natural Persons regarding a third-country national who has a legal relationship with Latvia on the basis of which mutual rights and obligations in the field of commercial activities and taxes are formed or have been established.
Thus, if a person is a subject of Section 4, Paragraph one, Clause 2, Sub-paragraph 'd' of the Law on Natural Persons (i.e. a person who forms or has established mutual rights and obligations in the field of commercial activity or taxation), then in accordance with Section 14, Paragraph one of the Law, such person has a duty to provide information regarding himself or herself in the Register of Natural Persons..
On the other hand, in accordance with the referred to legal provision, the Enterprise Register has a delegated obligation to include and update information regarding a third-country national who has not been granted a personal identity number of the Republic of Latvia and who signs the branches of a merchant, merchant and company, the cooperative society, the holdings of an individual company, a peasant or a fisherman, branches of a foreign merchant, the representative of a foreign merchant, the representative of organisations and a representative, the European Economic Interest Group, the European Commercial Company, the European Cooperative Society, the political party, the party association, association and foundation, the trade union, the trade union's own-initiative unit, trade union association, religious organisation and institution thereof, as well as the commercial pledge application or other documents to be submitted to the Enterprise Register; a member of the Management Board or a member of another executive body, a member of the council, the representative representative of the branch, the member of the partnership, as well as a member of the limited liability company, the commercial warlord and the commercial warlord. There shall also be no obstacles to the inclusion of persons in other posts or status in the Register of Natural Persons, provided that the documents for registration in registers carried by the Enterprise Register are submitted in one of the cases of rightholders or legal facts referred to above.
However, the Law of the Register of Natural Persons does not confer the competence of the Enterprise Register to perform the inclusion and updating of data in the Register of Natural Persons in other cases (fields) referred to in Section 4, Paragraph one of the said Law.
It should be noted that the Enterprise Register shall carry out this obligation only at the same time as the registration in the registers carried by the Enterprise Register. In order for the Enterprise Register to have a basis for the inclusion of a person in the Register of Natural Persons, the person must fill in for himself and submit a questionnaire to the Register of Enterprises, together with the registration documents, for the inclusion of the information in the Register of Natural Persons. The questionnaire for the inclusion of the information in the Register of Natural Persons should be signed by the person himself, for which the information will be entered in the Register of Natural Persons. In addition, it is important to note that the register of natural persons may only include information relating to a clearly identified natural person. Since the Enterprise Register does not serve customers on the spot, identification can only be achieved in the electronic environment. In particular, when a person has signed a questionnaire to be submitted for inclusion in the Register of Natural Persons with a secure electronic signature and time stamp which complies with the provisions of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and which repeals Directive 1999/93/EC. It should be noted that a paper-signed document in the Enterprise Register cannot give rise to the inclusion of information in the Register of Natural Persons.
Following the inclusion of the messages in the Register of Natural Persons and the granting of the Latvian Personal Code, a statement will be sent to the person indicated in the questionnaire, if the person agrees to the receipt of a statement regarding the assignment of the personal code in unencrypted form in e-mail, indicating that the person is included in the Register of Natural Persons and is granted to it in the Latvian personal person's register. code.
Whereas the Register of Enterprises does not have the competence to include and update information in the Register of Natural Persons, if the Register does not simultaneously register in the files of rightholders referred to above in the registers of the Enterprise Register, and taking into account that the keeper of the Register of Natural Persons is the Office of Citizenship and Migration Affairs, in such a case, in order to include a person in the Register of Natural Persons, the Office of Citizenship and Migration Affairs should be addressed.