Answered by the law firm

The procedure for establishing an SIA in Latvia for a foreigner differs depending on whether the company is established by one or several shareholders. It is necessary to submit the company registration documents to the Enterprise Register and pay a state fee of EUR 75. ZAB EmRo can prepare the incorporation documents and represent the client in the registration process.

It is necessary to make changes to the SIA shareholders’ register, submit them to the Enterprise Register, and pay a state fee of EUR 20. ZAB EmRo can assist with the legal due diligence of the company and the preparation of documents.

In Latvia, a trademark registration application must be submitted to the Patent Office, specifying the goods and services for which trademark protection is intended. After the application is submitted, the Patent Office examines it and, if there are no grounds for refusal of registration, the trademark is registered. A trademark may also be registered by foreigners, both natural and legal persons. ZAB EmRo can assist in preparing the application and represent the client in the registration process.

Once the documents required for the sale have been prepared, both parties to the transaction must go to a notary to verify their identities, certify the authenticity of the signatures and the application for registration. When submitting the documents to the Latvian Land Register, it will be necessary to pay the office fee and the state fee. Ownership rights will take effect upon registration in the Land Register. ZAB EmRo can provide legal assistance both in the preparation and review of documents and in the process of registering ownership rights.

Before purchasing real estate, its legal due diligence is essential: ownership rights, encumbrances, pledges, mortgages, land status, debts relating to the apartment and transaction documents. Once the purchase agreement has been concluded, it is necessary to prepare an application for registration with the Land Register. After signing the documents, the purchase price and the required fees must be paid, and then the documents must be submitted to the Land Register. ZAB EmRo can provide support throughout the entire apartment acquisition process.

Co-ownership may be terminated by division of the co-owned property. Depending on the situation, one of the methods of dividing co-ownership may be used: physical division, transfer of co-ownership shares to one or more co-owners, transfer of the entire co-owned property or part thereof to a third party, or division of the co-owned property into apartments. If the co-owners cannot reach an agreement, ZAB EmRo can assist in resolving the co-ownership division dispute through court proceedings.

According to Latvian laws and regulations, the owner of real estate is considered to be the person who is registered in the Land Register. To verify the owner of a specific real estate property, it is possible to search for the property on the Latvian Land Register website and, upon payment, obtain a copy of the Land Register extract. ZAB EmRo can carry out legal due diligence not only regarding the owner of the real estate but also regarding encumbrances registered in the Land Register, such as prohibitions and pledges.

In Latvia, real estate can be acquired either by purchase or by participating in an auction. You can search for both sale advertisements and auction advertisements here:
1. https://vni.lv/sludinajumi
2. https://izsoles.ta.gov.lv/
3. auctions for properties in a specific municipality can be searched for on the municipality’s website. Auctions in Riga can be viewed here https://www.riga.lv/lv/izsoles
Before purchasing real estate or participating in an auction, ZAB EmRo recommends conducting legal due diligence of the transaction terms and the real estate.

If the debtor has failed to fulfil a payment obligation, a foreign creditor has the right to initiate debt recovery proceedings in Latvia. It is advisable to begin debt recovery out of court. If the debtor does not respond to the notice, refuses to acknowledge the debt or fails to make payment within the specified deadline, the next step is to assess the possibility of recovering the debt through court proceedings. ZAB EmRo can provide legal assistance throughout the entire debt recovery process.

A foreigner requires a notarised copy of their passport. However, if the foreigner has a secure electronic signature recognised in the European Union, the foreigner’s identity document details must be indicated in the Enterprise Register form and the form must be electronically signed.

Latvia has established a constitutional court (the Constitutional Court of the Republic of Latvia). It is authorised to review and annul legal provisions that unjustifiably infringe fundamental rights. If you believe that a legal provision unjustifiably restricts your business activity or infringes your fundamental rights, you have the right to submit a constitutional complaint to the Constitutional Court.

ZAB EmRo can assess your situation and provide an opinion on whether applying to the Constitutional Court would be appropriate. If necessary, we can also prepare a constitutional complaint and represent your interests before the Constitutional Court.