A Stock Company shorten as AS is a business structure that allows the sale of its shares and stocks to persons and corporate bodies other than its shareholders. It is recognized by the Enterprise Register of the country. The transfer of the registered office of a capital company from a Member State of the EU to a nation is considered a cross-border reorganization. Thus, the company can continue its operations within the territory. Article 358 and Article 360 of the Commercial Law apply accordingly. Provided all documents presented to satisfy the requirements of Latvian regulatory enactments with no legal barriers hindering the requested transfer, the Register can enter the new company in the Commercial Register, while making a note regarding the original company. 

Moving a company

The process of transfer is divided into two steps namely; Before moving and After moving. 

Before moving

This first step is done in the EU member state where the company is being transferred from. All documents are not provided in the Register of the Republic. The shareholders of the company must have a meeting to decide to move the registered office, approve the statutes of the new company in the republic, appoint new supervisory bodies and execute other activities necessary to facilitate the move.

After moving

To carry out this Reorganisation, the company has to secure all claims by creditors after informing them of the move with written and publicized notices. Once that is done, it can then file for an application of transfer. For complete transfer, the following steps must be followed:

• Minutes of the shareholders’ meeting or shareholder decision
• Articles of Association
• Property valuation
• Completion of the registration form
• Certification of shareholders’ signatures
• Payment of fees
• Submission of the required documents

Completion of the registration form

The completed p recommendation form KR4 has to be duly signed by the founders or a person entrusted to do it. This requires a notarised mandate. 

Payment of fees

Corporations moving to the country has to pay a state fee of EUR 85,00 for the process. They will have to submit copies of the required documents along with proof of the payments made. They also pay a national fee for a copy of the draft contract for the company. It takes at least three days to execute the transfer processing and verify all payments made to the Treasury account. The firm should enter the following details during payment:

Name: The Treasury (Valsts Kase)

Reg. No 90000050138 

Account: LV84TREL1060190913200

Purpose of payment

Name and service for the payment

Submission of documents

Application forms and documents to be presented have to be submitted by the Management or by authorized notaries through email or by post. They must be delivered with a payment order for the state fee as well as the payable national fee. The corporation has to submit all of the following documents for processing.

• Notices of reorganization both written and published
• Receipts of payments
• Company Name and Address, et cetera.

Required documents 

To process the transfer of a Stock Company in another country to the state, the listed documents have to be submitted to the Enterprise Register.

• Application form for the firm
• Draft Reorganisation Agreement or a certified copy
• Minute of the meeting of shareholders
• Financial statement of the original company
• List of members who voted against the reorganization
• A permit for reorganization (if required), etc. 

Note that submission for transfer of company has a deadline of at most 14 days after the completion of other activities and at least three months after the notices of reorganizations are publicized.