On 8 November 2010 the LSC Management Board received claims from VN signed by Mr. L. Liepa about bringing of action against members of the LSC Management Board and Supervisory Council. After getting acquainted with contents of these applications LSC categorically rejects their validity, in the same time stating that submitter of the statement of claim – Mr. L. Liepa does not have the special authorisation document provided in the Civil Procedure Law of the Republic of Latvia. Section 128, Paragraph three of the Civil Procedure Law states that if an action is brought on behalf of the plaintiff by their representative, the statement of claim shall be accompanied by a power of attorney or other document confirming the authorisation of the representative to bring the action. Namely, the Civil Procedure Law has marked out bringing of an action as a deed that requires special authorisation. In consideration that in the particular situation the document that initiates legal proceedings is not a statement of claim, but a shareholder’s request about bringing an action, the LSC is of the opinion that for signing of the request for bringing an action a special authorisation is needed, which in the particular case has not been granted to Mr. L. Liepa. The power of attorney granted to him includes only the right to submit the request to LSC about bringing of action and execution of technical activities that can be understood by that.

 

The above mentioned and the fact that in case of the VN claim statement an obligation to pay state duty in amount of more than LVL 172 000 can arise, as well as pursuant to Section 172, Paragraph seven of the Commercial Law VN would be obliged to cover all losses caused to LSC due to invalid claim, LSC cannot accept for execution the requests signed by a person, whose scope of authorisation is seriously and justifiably questionable.

 

 

 

Additional information:

Ģirts Apsītis

Adviser of the Chairman of the Management Board

Latvian Shipping Company

Phone: +371 67020126