Unofficial transfer (c) Soyuzpravoinform LLC

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of February 12, 1993 No. 69

About procedure for transformation of subjects of business activity with the mixed pattern of ownership in economic societies

Due to the adoption of the Decree of the Cabinet of Ministers of Ukraine of December 31, 1992 and for the purpose of creation of single approach in case of transformation of subjects of business activity I ORDER to N24-92 "About Ordering of Activities of the Subjects of Business Activity Created with the assistance of the State Companies":

1. Approve the Provision "About Procedure for Transformation of the Subjects of Business Activity with the Mixed Pattern of Ownership Created with the assistance of the State Companies in Economic Societies" (further - the Provision) which is applied.

2. Approve model forms of constituent documents of economic societies (appendices 1-4), and also the list of documents which go to privatization authority for renewal of the subject of business activity (appendix 5).

3. Determine that founders of economic societies, from the state, is the Fund of state-owned property of Ukraine and its regional departments.

Regional departments act as founders of economic societies in which the state share of property does not exceed 20 million крб.

To provide to the head of department of accumulating of state-owned property of Fund Yumashev P. V., chiefs of regional departments transformation of the subjects of business activity with the mixed pattern of ownership created with the assistance of the state companies into the terms established by the Decree of the Cabinet of Ministers of Ukraine and to appoint the representative of the state in governing body of economic society according to the Provision.

To chiefs of regional departments to inform Fund of state-owned property of Ukraine on the course of accomplishment of the Decree.

4. To the head of department of accumulating of state-owned property Yumashev P. V. to develop forms of accounting of economic societies to which subjects of business activity with the mixed pattern of ownership are transformed.

To provide to the head of department of strategy and methodology of reforming of property V. V. Vasilyev the automated accounting and creation of the corresponding database.

5. Determine that economic societies, except banks, the exchanges, trading houses, insurance companies and the companies with foreign investments, created before publication of the Decree for N24-92 of December 31, 1992 which founders are the state companies, shall make changes to constituent documents regarding the founder from the state.

The Fund of state-owned property and its regional departments act as the legal successor of these state companies (if the share of property does not exceed 20 million крб.).

6. Determine that in case of transformation of subjects of business activity with the mixed pattern of ownership privatization authorities together with other founders shall resolve issue of further participation in activities of economic societies and if necessary make decisions concerning secession of founders of economic society.

7. Recommend to privatization authorities of administrative and territorial units which will perform accomplishment of the Decree, carry out this work according to this Order and the Provision.

8. After transformation of subjects of business activity with the mixed pattern of ownership and modification of constituent documents of economic societies the state companies which were founders of these subjects shall make changes to balance according to the order of privatization authority.

9. To impose control over the implementation of this order on the head of department of accumulating of state-owned property P.V.Yumashev.

Approved by the order of Fund of state-owned property of Ukraine of February 12, 1993 No. 69

Regulations on procedure for transformation of the subjects of business activity with the mixed pattern of ownership created with the assistance of the state companies in economic societies

This Provision is developed according to the Decree of the Cabinet of Ministers of Ukraine "About ordering of activities of the subjects of business activity created with the assistance of the state companies" and determines procedure for transformation of the subjects of business activity with the mixed pattern of ownership created with the assistance of the state companies in economic societies, except for the companies specified in item 7 of this Decree.

1. Subjects of business activity with the mixed pattern of ownership (further the companies) which organization-legal status does not answer the current legislation about economic societies and founders and which participants are the state companies, except the subjects of business activity specified in item 7 of the above-stated Decree are subject to transformation.

2. The companies turn into private companies if the share of state-owned property constitutes more than 60% of authorized fund and its cost by assessment constitutes more than 20 million крб.

In other cases of the company turn into limited liability companies.

3. Heads of the state companies which are founders or members of the relevant companies from the moment of acquisition of force this Provision in 10-day time shall convoke the supreme governing body of the company for decision making about reduction of form of business of the company in compliance to this Provision and the Law of Ukraine "About economic societies" and the organizations of work concerning preparation of constituent documents of the created economic society.

4. For the organization of this work in 3-day time the commission under the chairmanship of the director who bears responsibility for timeliness, completeness and reliability of results of its work is created.

The commission in 15-day time from the moment of creation shall:

- perform value assessment of property of the company for the prices of the transformation moment;

- determine the cost of shares of founders in property of the company; the cost of shares of founders is determined in proportion to the amount of share and other fees of founders for the entire period of activities of the company until transformation.

If founders of the company are several state companies, their shares are summed up;

- determine the size of authorized capital of economic society.

The authorized fund is determined as the amount of cost of shares of the state and non-state founders;

- prepare constituent documents of economic society.

5. The commission chairman submits to Fund of state-owned property of Ukraine or its regional departments (further - privatization authorities) such documents:

- Charter of operating plant;

- certificate on state registration of the company;

- the evidence (certificate) of registration of the company in bodies of statistics;

- copies of documents which certify implementation of fees in authorized fund of the company;

- certificate of availability of branches, representations, affiliated enterprises, participation in economic societies, associations;

- the accounting report for the last period of activities of the company;

- appraisal report of property value;

- drafts of constituent documents of economic society (charter, foundation agreement);

- the sheet of calculation of the sizes of shares of the state and other founders, in form which is applied.

6. In case of refusal non-state founders to take participation in transformation of the company into economic society to them the cost of the share in property of the company belonging to them is paid. In this case the size of authorized capital of economic society decreases by the cost of the shares paid or returned in natural form.

7. The privatization authority in 10-day time considers the filed documents, approves the appraisal report of property value, makes the decision on participation in creation of economic society together with other founders, appoints the representative in governing bodies of economic society.

8. Powers of the owner of rather state share (shares, shares) are performed by privatization authority.

Sale of shares (shares, shares) which state in property of economic societies owns is performed by privatization authorities according to the current legislation.

Appendix

to Regulations on transformation of the subjects of business activity with the mixed pattern of ownership created with the assistance of the state companies in economic societies

 
                                        ЗАТВЕРДЖЕНО
                      ____________________________________________
                          посада кер,вника органу приватизац,х
                      ______________ _____________________________
                           п,дпис    пр,звище, ,м’я та по батьков,

                             "____"  ____________________ 199  р.

                              В,ДОМ,СТЬ
                  розрахунку розм,р,в часток у майн,
     ___________________________________________________________
     назва суб’укта п,дприумницькох д,яльност, ,з зм,шаною формою
                   власност, (дал, - п,дпри

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