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News · 2026-10-27
Dienas Bizness · 07:40
Money Never Comes Alone: What Banks, Stock Exchanges and Funds Demand in Return for Growth Funding

[ESMĖ] For a company choosing between a bank loan, a bond issuance, and a fund investment, the legal position differs according to how severely the regulation restricts freedom of action and how much information must be disclosed. The article's practical conclusion — that a bank requires collateral, bonds require transparency, and a fund requires governance — legally means that the choice is not merely a matter of price: each type of financing places the company within the scope of operation of different regulatory instruments. The specific legal question arising in this narrative is what disclosure and governance obligations apply to a company entering an exchange market, and what conditions must be recorded in bond issuance documents. These questions are resolved on the basis of Sections 56.1 and 56.2 of the Financial Instruments Market Law (corporate governance statement), Section 245 of the Commercial Law (convertible bond issuance terms), and the Law on the Governance of Capital Shares of Public Persons and Capital Companies. Additional contours are provided by the Law on the Control of Support for Commercial Activity, which regulates the transparency of state funding allocations, and the Credit Risk Management Regulations, which determine what a bank itself may and may not do with credit risk. [VERTINIMAS] For a company whose securities are admitted to a regulated market, Section 56.2(1) of the Financial Instruments Market Law imposes an obligation to prepare a corporate governance statement. Subsection (2) requires that the statement contain sufficiently clear, accurate and comprehensive information on the governance model, the application of corporate governance recommendations, the capital structure, and the persons holding shares. It may also include information on the key elements of the internal control and risk management system in relation to the preparation of financial statements, a description of the composition and operation of the governing bodies and their committees, as well as justification where the recommendations are not applied at all. Where shares are traded only in a multilateral trading system (e.g., First North), subsection (4) applies the same requirements to such a company — this directly affects CleanR Grupa's first issuance model. Additional obligations are set out in the Law on the Governance of Capital Shares of Public Persons and Capital Companies, which requires the continuous updating of information on atypical or significant-volume transactions with related parties within the meaning of Section 59.1 of the Financial Instruments Market Law for at least the past five years, as well as the most significant policies on risk management and the prevention of conflicts of interest. The content of bond issuance documents is characterised by Section 245(2) of the Commercial Law: the decision on the issuance of convertible bonds approves the issuance terms, which must specify the number of bonds, the nominal value, the price, the conversion period, interest, the payment procedure, and the procedure by which the bonds are exchanged for shares. This corresponds to the warning highlighted in the article that covenants and early redemption conditions must be considered already upon entering the market. On the bank's side, the Credit Risk Management Regulations (issued pursuant to Section 34.2(4) and Section 55 of the Credit Institutions Law) establish minimum requirements for credit risk management, asset quality assessment and provisioning, and point 5 requires compliance with these regulations both individually and at the level of the prudential consolidation group. This explains why a bank lends cautiously and against collateral: its credit portfolio is subject to prudential supervision. In the case of state-supported financing, the Law on the Control of Support for Commercial Activity requires disclosure of the allocation conditions, interest rates, guarantees, and information on equity or quasi-equity funds, indicating the relationship between the grantor and the recipient of the funding; the application of the provision is excluded where the average turnover over the previous two years is less than EUR 40 million or the amount of funds is less than EUR 800 million. The sanctions risk management requirements to which the article refers in the context of the fund's and the bank's due diligence are also enshrined in the Payment Services and Electronic Money Law, which requires capital companies to have policies and procedure descriptions for anti-money-laundering and sanctions risk internal control systems within the meaning of the Law on International and Latvian National Sanctions. [PASEKMĖS] The practical course of events for a company choosing a financing route is as follows: - By choosing a regulated market, the company must prepare a corporate governance statement in accordance with Section 56.2 of the Financial Instruments Market Law, and this becomes a regular, per-reporting-period obligation rather than a one-off document. - When issuing bonds, the content of the issuance terms (covenants, early redemption, additional tranches) fixes freedom of action for several years; for convertible bonds, Section 245 of the Commercial Law prescribes the mandatory set of terms. - By choosing a bank loan, the company must take into account the credit institution's obligation to apply the requirements of the Credit Risk Management Regulations, which directly affect the rigour of the collateral and creditworthiness assessment. - When attracting state or fund financing, publicity requirements under the Law on the Control of Support for Commercial Activity require disclosure of the allocation conditions, rates, and the relationship between grantor and recipient. - In any scenario, the financier's due diligence will include an assessment of sanctions risk and anti-money-laundering controls. The example of Eleving Group's refinancing (replacing a 13% rate with 9%) and Hestio AS's transition from EUR 990 thousand in bonds to a EUR 1.25 million loan from SEB banka show that early repayment conditions fixed in issuance terms can generate additional costs when exiting the market. [CITATA] - Section 56.2(1) of the Financial Instruments Market Law imposes on a capital company whose securities are admitted to a regulated market the obligation to prepare a corporate governance statement, and subsection (4) applies this requirement also to shares traded in a multilateral trading system. - Section 245(2) of the Commercial Law requires that the terms of issuance of convertible bonds specify the number of bonds, the nominal value, the price, the conversion period, interest, the payment procedure, and the procedure by which the bonds are exchanged for shares.

Jauns.lv · 07:42
Youth behavior causing problems in Mārupe municipality: local government turns to parents

[ESMĖ] Young people in Mārupe who ride scooters and mopeds and disturb residents' peace face not merely a conversation with a police officer, but administrative liability involving specific fines and the revocation of driving rights. The 44 administrative offence proceedings mentioned in the news report are only the beginning — the law also permits punishment for reckless driving with serious consequences, up to and including the revocation of driving rights for five years. The legal questions raised here are twofold: what liability applies to minors and young moped drivers, and what is the municipality's competence in supervising such offences. The basis of liability is set out in Articles 50–55 of the Road Traffic Law and Article 19 of the Administrative Liability Law, while procedural competence is governed by Article 76(3) of the Road Traffic Law, which provides that administrative offence proceedings for several of the offences listed in that law are conducted by the municipal police. [VERTINIMAS] The municipal police's actions in Mārupe rest directly on the rule on the division of competence. Under Article 76(3) of the Road Traffic Law, administrative offence proceedings for the offences specified in Articles 74, 75, 76, 77, 78 and Article 79(1) are conducted by the municipal police; therefore, the Mārupe municipal police is empowered to independently initiate proceedings for these offences. Article 16(4) of the Administrative Liability Law further provides that a municipal council may establish administrative liability in binding regulations in the cases provided for in the Law on Municipalities. The sanction is determined by Article 19 of the Administrative Liability Law: a penalty is imposed within the limits set by law or by municipal binding regulations, taking into account the nature of the offence, the person's character, financial situation, and mitigating circumstances. Account must also be taken of Article 50 of the Road Traffic Law: the administrative penalties established in that Chapter are not applied to the driver of a bicycle or electric scooter, except where their liability is expressly provided for in the relevant sanction. On the other hand, for offences committed by the driver of a bicycle or electric scooter, proceedings may in certain cases also be conducted by the State Border Guard, where the offences are detected during control measures (Article 76(2)). [PASEKMĖS] The practical consequences for young people and their parents are as follows: - each detected offence gives rise to administrative offence proceedings, conducted in Mārupe by the municipal police; - reckless moped driving may end with the revocation of driving rights for several months or years, which for a young person means a prohibition on obtaining a driving licence for the relevant categories; - a moped driven under the influence of alcohol carries a fine of up to 400 fine units and a five-year revocation of driving rights; - for parents, the appeal is not a legally binding instrument — liability rests with the young person themselves, and the sanction is determined by the court or the competent authority according to the criteria of Article 19 of the Administrative Liability Law. Going forward, it is important for the municipality that intensified supervision and the 100+ preventive talks can turn into procedural decisions if the talks do not help. Residents whose peace is disturbed have, under the law, the option of approaching the municipal police, which is empowered to initiate proceedings for disturbing public order in accordance with the binding regulations and the law. [CITATA] - For driving a moped where the detected blood alcohol concentration exceeds 1.5 per mille, a fine of 240 to 400 fine units is imposed, together with the revocation of the right to drive vehicles for five years. - Under Article 76(3) of the Road Traffic Law, administrative offence proceedings for the offences specified in Articles 74–78 are conducted by the municipal police; therefore, the Mārupe municipal police is empowered to independently initiate proceedings for these offences.

Neatkariga Rita Avize · 07:44
DVI has no information that Latvian travelers' data ended up on Russian black market

[ESMĖ] At present, no personal data of Latvian travellers has been identified on the Russian black-market platform, which means that the data protection supervisory mechanism in Latvia has not yet been activated — the State Data Protection Inspectorate (DVI) cannot commence examination of a violation until there is either a notification from controllers or actual evidence of harm to Latvian data subjects. The essence of the news is not a violation committed against Latvian residents, but rather a moment of scrutiny: the data of Lithuanian travellers, including names, dates of birth, telephone numbers and passport information concerning journeys from 2012 to 2026, are already publicly available, and the leak of such a data set raises the question of whether it also contains data of Latvian clients that tour operators and agencies have failed to report. The legal questions would be resolved by Article 4 of the General Data Protection Regulation (GDPR), Article 5 GDPR, Article 33 GDPR, as well as the provisions of the Personal Data Processing Law concerning the competence of the State Data Protection Inspectorate to conduct inspections and administrative violation proceedings. [VERTINIMAS] If it were to transpire that the leaked data contain personal data of Latvian clients, the tour operators and agencies processing them would have been under an obligation to: - notify the supervisory authority of the breach in accordance with Article 33(1) GDPR; - where the breach is likely to result in a high risk to the rights and freedoms of data subjects, also inform the data subjects themselves in accordance with Article 34(1) GDPR; - observe the principles of Article 5 GDPR — data must be processed in a secure manner, and their processing for a purpose other than the original one is permissible only on a lawful basis (Article 10 of the Personal Data Processing Law); - ensure that the transfer of personal data to third countries complies with GDPR requirements, since the data were also processed in Russia and Belarus. The competence of the DVI derives from the Personal Data Processing Law, under which the Inspectorate may conduct inspections, initiate administrative violation proceedings, request information and documents from private persons free of charge, and also visit commercial and other non-residential premises in order to verify a controller's compliance with the requirements of regulatory enactments. The Inspectorate also cooperates with foreign data protection supervisory authorities, which means that in this situation cooperation with the Lithuanian data protection authority, within whose jurisdiction the principal affected controllers are located, would be essential. Data subjects, for their part, have the right to lodge a complaint with the supervisory authority (Article 13(d) GDPR), to request access to their data, their rectification or erasure, as well as the restriction of processing. The fact that service providers have not notified the DVI indicates one of two scenarios: either the data of Latvian clients are in fact not affected, or the controllers have fulfilled their notification obligation incompletely or have not assessed the risk to their Latvian clients at all. [PASEKMĖS] The practical consequences at present primarily affect Lithuanian clients and market participants — "Tez Tour", "Join Up" and the agencies cooperating with them, which will have to reckon with inspections by data protection supervisory authorities and potential liability. On the Latvian side, the consequences are for now indirect: - Latvian travellers who have used the services of these operators may request information from the controller as to whether their data are affected, and may lodge a complaint with the DVI; - the DVI, upon receiving a notification or evidence of harm to Latvian data subjects, will be able to initiate an inspection and administrative violation proceedings against the controller concerned; - a tour operator that has failed to report a breach, if it transpires that reporting was mandatory, risks sanctions from the supervisory authority under the GDPR enforcement mechanisms. The further course of events in this matter depends on two occurrences: concrete evidence concerning the data of Latvian clients coming into the DVI's possession, or the tour operator itself reporting the breach. Until either occurs, the DVI can confirm neither the harm nor its possible extent — this is also stated in the authority's official response. [CITATA] - Where a breach is likely to result in a high risk to the rights and freedoms of data subjects, the controller shall inform the data subjects themselves in accordance with Article 34(1) GDPR, and the supervisory authority no later than within 72 hours in accordance with Article 33(1) GDPR. - The DVI may conduct inspections, initiate administrative violation proceedings and request information from private persons free of charge in order to verify a controller's compliance with the requirements of regulatory enactments.

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