Force majeure statement
A Force Majeure Certificate is a document issued by the Latvian Chamber of Commerce and Industry (LCCI), confirming that business operations or contract fulfillment have been impacted by force majeure events. Such events may include natural disasters, political unrest, wars, pandemics, and other unforeseeable circumstances beyond the control of the company.
This certificate is crucial for businesses as it serves as legal evidence to justify non-performance or delays in contractual obligations due to force majeure conditions. LCCI’s certificates support businesses in protecting their interests and mitigating risk in such extraordinary situations, facilitating fair and transparent legal resolutions.
Applying for a Force Majeure Certificate:
Certificates are issued based on a written application, where the applicant must provide an explanation, supported by evidence, to substantiate the existence of force majeure conditions. The submission should include the specific timeframe (start date mandatory, end date if known) and reasons why these circumstances make it impossible to fulfill particular contractual obligations.
For efficiency, applications can be sent via email, with the original submitted afterward. Attach all evidence demonstrating the impact of force majeure on the obligations in question, along with a certified copy of the contract (or binding document) where force majeure is referenced.
Typically, contracts include a force majeure clause listing events both parties regard as force majeure, along with the legal implications of such circumstances. If terms like epidemics, healthcare emergencies, or government actions are specified, this strengthens the position of the party claiming force majeure. However, the party must still prove that, for instance, COVID-19 or related measures (e.g., border closures, travel bans) genuinely constitute force majeure.
LCCI does not issue generalized certificates (e.g., “national crisis” statements). Certificates are provided on an individualized basis, assessing each case’s specifics and the ability to fulfill contractual obligations. Force majeure conditions are recognized only when obligations are rendered entirely unfeasible, not just more challenging or costly (e.g., requiring alternative routes to bypass closed regions, which would be classified as “difficulties” rather than force majeure, and would carry separate consequences).
Contracts often specify that the other party must be immediately notified of force majeure conditions. Please ensure compliance with this requirement by notifying the contract partner in writing about any challenges in fulfilling obligations.
Certificates confirming the presence or absence of force majeure conditions under specific circumstances are generally prepared within 14 days, with complex cases requiring additional time to obtain further evidence.
Pricing
Certificate fees are based on the hours spent preparing the document. The hourly rate is EUR 120 + VAT for members and EUR 150 + VAT for non-members, with a minimum fee of EUR 120 + VAT.
Please send requests for Force Majeure Certificates to raimonds.abolins@ltrk.lv or info@ltrk.lv.