Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of

Section 26. Definition of a Firm Name

(1) A firm name is the name of a merchant entered with the Commercial Register, which a merchant uses in commercial activities, in concluding transactions and in signing.

(2) In a narrower sense, the firm name shall be understood as a designation without reference to the type of merchant.

[14 February 2002]

Section 27. Reference to the Type of Merchant

(1) The firm name of an individual merchant shall contain the reference “individuālais komersants” [individual merchant] or its abbreviation “IK”.

(2) The firm name of a general partnership shall contain a reference “pilnsabiedrība” [general partnership] or its abbreviation “PS.” The firm name of a limited partnership shall contain a reference “komandītsabiedrība” [limited partnership] or its abbreviation “KS”.

(3) The firm name of a limited liability company shall contain a reference “sabiedrība ar ierobežotu atbildību” [limited liability company] or its abbreviation “SIA”. The firm name of a stock company shall contain a reference “akciju sabiedrība” [stock company] or its abbreviation “AS”.

(4) The references to the type of merchant shall be placed at the beginning or end of the firm name.

[14 February 2002]

Section 28. Firm Name Distinctiveness

The firm name of a merchant (Section 26, Paragraph two) shall clearly and specifically differ from firm names or names which have already been entered in or as to which entering has been applied for with the Commercial Register or other registers maintained by the Commercial Register Office.

(2) A firm name may not be in contradiction with good morals.

(3) A firm name may not include the words “Latvijas Republika” [the Republic of Latvia] and their translation into a foreign language.

(4) If a firm name contains the name of an administrative territory or populated area, the firm name may not coincide with the relevant administrative territory or populated area, except for the name of a homestead.

(5) A designation, which is a substantial component part of a trademark protected in Latvia, may be contained in a firm name only if written permission has been received from the relevant merchant or persons to whom the trademark belongs.

(6) The use of trademarks or parts thereof in a firm name shall be regulated by the regulatory enactments regulating trademarks.

(2) The firm name of a general partnership may not contain the given name, surname or name of such persons as who are not its members. The firm name of a limited partnership may not contain the given name, surname or name of such persons as who are not its general partners. If the given name or surname (name) of its personally liable member changes, the given name or surname (name) of which is contained in the firm name of the partnership, the partnership may also continue to use the previous firm name.

(3) If a new personally liable member joins an existing partnership or one of the personally liable members’ leaves the partnership, the partnership may also continue to use the previous firm name. If a member leaves whose given name, surname (name) is contained in the firm name, the continued use of the previous firm name shall require the written consent of such member, or in the case of his or her death – of the heirs.

(4) Upon the acquisition of an existing undertaking, the acquirer may also continue to use the previous firm name, in which is included the given name or surname of the previous owner, if the previous owner or – in the case of the death of the owner – his or her heirs, have consented in writing to the continued use of the firm name.

(5) The provisions of Paragraph four of this Section shall be applied in cases, when an undertaking is acquired on the basis of usufructuary rights, a lease or similar legal relationship.

[14 February 2002; 22 April 2004]
Section 31. Alienation of Firm Names
A firm name may only be alienated together with the relevant undertaking.
Section 32. Firm Names of Branches
A branch of a merchant may have its own firm name, which shall contain the firm name of the merchant, the name of the branch or a reference to its location and the word “filiāle” [branch].

Section 33. Protection of Firm Names

A merchant whose rights are infringed in relation to the use of its firm name, may request from the infringer to terminate the use of the firm name, as well as compensate the merchant for the losses incurred by the illegal use of the firm name.

(2) A proctor may alienate, pledge or encumber immovable property with rights pertaining to property only if such rights have been specially granted to him or her.

(3) It may be determined in the articles of association of a capital company that the proctor shall represent the capital company together with one or several members of the board. It may be determined in a partnership agreement that the proctor shall represent the partnership together with one or several members of the partnership.

[22 April 2004]