Amendments to the Memorandum of Association of a European company (Societas Europaea -SE), once it is established, may only be made if the obligations laid down therein have not yet been met/fulfilled.
The memorandum of association is the founding agreement of a company. Any amendments to it shall be made if the particulars mentioned in the memorandum change. Such as names of the group, registered office, objectives, and purpose of the firm, addresses of the firm, name of the firm, and so on.
Furthermore, any changes shall be notified to the Enterprise Register within 15 days of the application of the amendments.
Documents to be submitted:
- Application form (EEIG2)
- Text of the amendments made
- The revised version of the founding agreement in full
- Receipt of the obligatory fees.
Contents of the memorandum of association
- Name of the firm including the phrase “European Economic Interest Group (EEIG)” as a prefix or suffix with the name
- Firm’s registered office
- Name, addresses, and contact details of the firm as well as the members
- Purpose and duration of the firm, if formed for a certain time or fulfillment of a particular objective.
Fee & EEIG form
The application form required to officialize the amendment process is called the EEIG2. It is a type of application form and must be signed by the manager or on his behalf, an authorized mandated to do so.
The Commerce Law of Latvia stipulates a fee payable before applying for registration. Furthermore, the fee can be paid via transfer or any bank 2 days before the documents are submitted, online or by post. As of 2020, the state fee is EUR 854.
Submission of documents
Application for amendments to the memorandum of association and the required documents shall be attached as annexures and delivered by the manager or a person authorized to do so. Submission may be either electronic (email, official website, etc.) or by post.
Requirements for an e-submission are
- Documents to be sighed by secure e-signature
- Information regarding service pay shall be mentioned
Requirements for submission by post
- Signed documents are to be posted to the Enterprise Register
- Must accompany a payment order for the fee from an authorized bank
Registering via email
The application for amendments may be submitted to the following email address; firstname.lastname@example.org. Scenarios in which an email submission is acceptable are as under.
- In the case where an e-submission for a particular type of application is not available, the application may be submitted via email. To explore which type an application falls under, the applicant may visit the detailed services list on the official website; https://www.ur.gov.lv/media/1530/elektronisko_pieteikumu_iesniegsanas_kanali.pdf.
The list provides information regarding which types of applications shall be submitted through e-service and which through email. Respective submission methods shall be used accordingly.
- In the case where the application and annexures are signed by a secured e-signature registered abroad, the same shall be submitted through email.
- In the case a correction or addition is made to the already submitted documents, the new submissions shall only be made through the same source as the initial submission. If the initial submission was made through e-services, any addition, changes, or corrections shall be made through e-services alone, and vice versa.
Some very important factors to consider while applying are:
- Each document in the annexure must be signed separately
- Have a secure e-signature with a timestamp
- If signatures from more than one member are required then they shall only be provided if all members have e-signatures
- It is strongly advised that applications be submitted through email as it is a more secure, and quicker channel for submission between the firm and state.