THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP OF THE MINISTRY OF ECONOMICS OF UKRAINE

of May 4, 2001 No. 72/49

About approval of Licensed conditions of implementation of economic activity of arbitration managers (managers of property, managing directors of sanitation, liquidators)

According to article 8 of the Law of Ukraine "About licensing of certain types of economic activity" and the resolution of the Cabinet of Ministers of Ukraine of November 14, 2000 N1698 "About Approval of the List of Bodies of Licensing"

WE ORDER:

1. Approve Licensed conditions of implementation of economic activity of arbitration managers (managers of property, managing directors of sanitation, liquidators) which are applied.

2. And entrepreneurships (Efremov O. V.) and to management concerning property and bankruptcy of the Ministry of Economics of Ukraine (Melnik O. V.) in accordance with the established procedure to provide to management of licensing of types of economic activity of Department of registration and licensing of the State committee of Ukraine concerning regulatory policy provision of this order on state registration in the Ministry of Justice of Ukraine.

3. Concerning property and bankruptcy of the Ministry of Economics of Ukraine (Melnik O. V.) to provide to management publication of this order in mass media.

4. To impose control of execution of this order on the vice-chairman of the State committee of Ukraine concerning regulatory policy and entrepreneurship Tretyakov S. I. and deputy minister of economy of Ukraine Shlapak O. V.

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship and the Ministry of Economics of Ukraine on May 4, 2001 No. 72/49

Licensed conditions of implementation of economic activity of arbitration managers (managers of property, managing directors of sanitation, liquidators)

1. General provisions

1.1. Licensed conditions of implementation of economic activity of arbitration managers (managers of property, managing directors of sanitation, liquidators) (further - Licensed conditions) N1698 "About Approval of the List of Bodies of Licensing" are developed according to the Law of Ukraine "About licensing of certain types of economic activity" and in pursuance of the resolution of the Cabinet of Ministers of Ukraine of November 14, 2000.

1.2. Licensed conditions determine qualification and organizational requirements of implementation of activities of arbitration managers (managers of property, managing directors of sanitation, liquidators) for bankruptcy proceeding by economic courts.

1.3. Action of Licensed conditions extends to all physical persons - the subjects of business activity performing activities as arbitration managers.

1.4. The arbitration manager (the manager of property, the managing director of sanitation, the liquidator) is appointed by economic court from among persons registered by State department concerning bankruptcy as arbitration managers, the information on whom is provided in accordance with the established procedure to the Supreme Economic Court of Ukraine.

2. Qualification requirements of implementation of activities of the arbitration manager (the manager of the property managing sanitation, the liquidator)

2.1. The compulsory provision of implementation of activities of the arbitration manager (the manager of the property managing sanitation, the liquidator) is availability at business entity of the license for this type of activity.

2.2. The compulsory provision of implementation of activities of the arbitration manager (the manager of the property managing sanitation, the liquidator) is availability at business entity of the higher legal or economic education.

2.3. The arbitration manager (the manager of property, the managing director of sanitation, the liquidator) shall own special knowledge.

For receipt of special knowledge of the arbitration manager (the manager of the property managing sanitation, the liquidator) the business entity shall be trained in the procedure established by the legislation.

3. Organizational requirements of implementation of activities of the arbitration manager (the manager of the property managing sanitation, the liquidator)

3.1. When implementing the powers the arbitration manager shall act according to requirements of the current legislation regulating activities of the arbitration manager (the manager of the property managing sanitation, the liquidator).

3.2. The arbitration manager (the manager of property, the managing director of sanitation, the liquidator) shall:

3.2.1. In case of appointment of property as the manager - to provide to State department concerning bankruptcy the information necessary for maintaining the single database on the companies concerning which proceedings on bankruptcy are initiated.

3.2.2. In case of appointment as the managing director of sanitation in ten-day time from day of pronouncement by economic court of the relevant decision to inform State department concerning bankruptcy about:

the appointment;

approval of the voluntary settlement;

end of accomplishment of the plan of sanitation;

release from obligations.

3.2.3. In case of appointment as the liquidator - to report about the appointment in State department concerning bankruptcy in ten-day time from day of decision making by economic court and to provide to State department concerning bankruptcy information for maintaining the single database concerning the bankrupt companies.

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