RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 18, 2019 No. 167

About measures for implementation of the Presidential decree of the Republic of Belarus of October 2, 2018 No. 399

Based on the paragraph of third Item 10 of the Presidential decree of the Republic of Belarus of October 2, 2018 "About financial improvement of agricultural organizations" the Council of Ministers of the Republic of Belarus DECIDES: No. 399

1. Approve:

The regulations on procedure for sale by holding the auction (tender) of the company as the property complex, shares (share in authorized fund) of agricultural organization which are in republican property (are applied);

The regulations on leasing, including with the right of the subsequent redemption of the company as property complex of agricultural organization by results of implementation of the business plan on its financial improvement (are applied);

The regulations on transfer to trust management of the stocks (share in authorized fund) of agricultural organization owned by the Republic of Belarus, including with the right of subsequent their redemption by results of implementation of the business plan on its financial improvement (are applied);

The regulations on delegation of power of executive body (head) of agricultural organization under the agreement of other commercial organization (management company) or the individual entrepreneur (managing), including with the right of the subsequent redemption of the company as property complex of agricultural organization by results of implementation of the business plan on its financial improvement (are applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 18, 2019 No. 167

Regulations on procedure for sale by holding the auction (tender) of the company as the property complex, shares (share in authorized fund) of agricultural organization which are in republican property

Chapter 1. General provisions

1. This Provision establishes procedure for the organization and holding the auction (tender) selling being in republican property of the company as property complex, shares (share in authorized fund) of the agricultural organization included in the list of the insolvent agricultural organizations which are subject to financial improvement, No. 399 approved by regional executive committee according to the Presidential decree of the Republic of Belarus of October 2, 2018 (further - the list).

2. For the purposes of this provision terms and their determinations in the values established by the Presidential decree of the Republic of Belarus of October 2, 2018 No. 399 are used.

The organizer of the biddings is the State committee on property.

Legal entities and individual entrepreneurs whose statement and documents according to the list specified in the notice on tendering are accepted by the organizer of the biddings can be bidders.

3. Subject of auction (tender) selling the company as property complex, shares (share in authorized fund) of agricultural organization (further, unless otherwise specified, - the biddings) are:

the company as property complex of the agricultural organization which is in the republican property included in the list (further - property complex);

the Republic of Belarus which is in property of the share (share in authorized fund) of agricultural organization with the share of the state in authorized fund included in the list (further - shares (share in authorized fund).

4. Sale of property complex, shares (share in authorized fund) at the biddings is performed according to the decision of the President of the Republic of Belarus.

Preparation of the draft decision of the President of the Republic of Belarus is performed before tendering according to appendix 1 to the resolution of Council of Ministers of the Republic of Belarus of November 14, 2019 No. 767 "About procedure for preparation of drafts of decisions on the order property, and also about its acquisition in property of the Republic of Belarus" taking into account the features established by this Provision.

The compulsory provision of tender is preserving tender by the winner or single participant of cancelled tender with which according to the protocol on tender recognition cancelled the purchase and sale agreement is signed:

activities for production of agricultural products;

the social guarantees to workers provided in the collective agreement existing for date of the conclusion of the purchase and sale agreement of property complex or shares (share in authorized fund) of agricultural organization during the term for which he is imprisoned.

5. Means from sale of property complex, shares (shares in authorized fund) go to the republican budget.

Chapter 2. Determination of initial cost of sale

6. The initial cost of sale of property complex, shares (share in authorized fund) of agricultural organization is determined proceeding from:

market value of property complex, shares (share in authorized fund);

20 percent from estimated value - for agricultural organization which within the last three years preceding on January 1 years in which this organization is included in the list had negative financial result from sales of products, goods (works, services) and (or) net loss was formed;

50 percent from estimated value - for agricultural organization which within the last three years preceding on January 1 years in which this organization is included in the list in two years had negative financial result from sales of products, goods (works, services) and (or) net loss was formed;

80 percent from estimated value - for agricultural organization which within the last three years preceding on January 1 years in which this organization is included in the list in one year had negative financial result from sales of products, goods (works, services) and (or) net loss was formed;

estimated value - for agricultural organization which within the last three years preceding on January 1 years in which this organization is included in the list had positive financial result from sales of products, goods (works, services) and net loss was not formed.

If the estimated value is determined in the amount of less than one basic size established in the Republic of Belarus on date of assessment, then the initial cost of sale of property complex, shares (share in authorized fund) constitutes one basic size for the specified date.

The estimated value is determined according to procedure for the evaluating property value which is in state-owned property as for the purpose of introduction of property in the form of non-cash contribution to authorized capital of the non-state legal entity.

7. The decision on the choice of initial cost of sale of subject of the biddings taking into account provisions of Item 6 of this provision is made in the relation:

property complex - the republican state body which is the founder of agricultural organization which property complex is offered for sale, or performing functions of the owner of property of this agricultural organization;

shares (share in authorized fund) - republican state body in which management there are these shares (share in authorized fund).

8. Estimated and market value is valid within two years from date of assessment.

Cost recovery on carrying out independent assessment is performed by the participant who won the biddings or the single bidder with whom the purchase and sale agreement is signed.

Date of assessment of property complex, shares (share in authorized fund) is the first in which assessment is made.

Chapter 3. Functions of the organizer of the biddings

9. The organizer of the biddings by their preparation and carrying out performs the following functions:

establishes date of the biddings;

establishes amount of deposit (no more than 10 percent from initial cost of sale);

establishes end date of documents acceptance for participation in the biddings;

performs in accordance with the established procedure the publication of the notice in one of the printing mass media determined by Council of Ministers of the Republic of Belarus and placement on the global computer Internet of information on tendering;

creates the commission on tendering (further - the commission) selling property complex or shares (share in authorized fund) of agricultural organization (further - objects of realization);

adopts statements on participation in the biddings with appendix to them of the documents specified in Item 16 of this provision;

signs the agreement on the rights, obligations and responsibility of the parties in the course of preparation and tendering selling object of realization (further - the agreement);

signs by results of the biddings the purchase and sale agreement of the company as property complex in form according to appendix 1 or the purchase and sale agreement of the shares (share in authorized fund) which are in property of the Republic of Belarus in form according to appendix 2;

provides transfer of object of realization to the buyer according to the purchase and sale agreement of object of realization signed by results of the biddings;

provides to persons wishing to take part in the biddings for acquaintance the balance sheet of economic society, unitary enterprise for the January 1 of the current year approved according to constituent documents, and in case of its absence - for January 1 of previous year, information on capital structures (buildings, constructions) which are in the property of economic society, economic maintaining the unitary enterprise, the parcels of land provided to economic society (unitary enterprise), the property which is at economic society under the agreement of free use about core activities of economic society, unitary enterprise and the nomenclature of products which are turned out by it, goods (works, services), the draft agreement of purchase and sale of object of realization;

establishes the size of the penalty paid by participants of auction in the case established in part eleven of Item 36 of this provision;

performs other functions according to this Provision.

10. The commissions are included representatives of the organizer of the biddings, and also representatives of other state bodies and other state organizations in coordination with them can join.

During creation of the commission its chairman, the vice-chairman and the secretary are appointed.

11. The commission will organize the work according to this Provision.

Commission session is considered competent if at it there are at least two thirds of total number of members of the commission.

Decisions of the commission are made by a simple majority vote the present members of the commission by open voting and are reflected in protocols which are signed by the commission chairman (the vice-chairman of the commission in case of absence of the chairman) and the members of the commission who are present at meeting. In case of equality of votes the commission chairman has the right of casting vote.

12. The commission performs the following functions:

determines the participant who won the biddings and draws up the protocol on results of the biddings selling object of realization (the protocol on sale of object of realization, including the single participant, the protocol on recognition of the biddings not productive *, the protocol on recognition of the biddings cancelled **);

resolves the matters of argument arising during trading.

______________________________

* Not productive biddings are understood as the biddings following the results of which object of realization was not sold according to the procedure, established by the legislation, to any of bidders.

** The cancelled biddings are understood as the biddings which did not take place due to the lack of bidders or availability only of one participant.

13. The organizer of the biddings has the right to refuse carrying out tender at any time, but not later than 20 days before its carrying out and holding the auction - not later than three days before its carrying out.

If the organizer of the biddings refused their carrying out with violation of the specified term, he shall indemnify to participants the actual damage suffered by them.

The refusal of tendering is published in the same printing mass media, as the notice on tendering. The organizer of the biddings shall inform in writing persons who submitted the application for participation in the biddings on refusal of tendering and to return them within five working days deposit in case of its transfer.

Chapter 4. Preparation of the biddings

14. The notice on tendering shall be published at least in 30 days prior to day of their carrying out.

Information on the announced biddings and object of realization at least in 30 days prior to day of tendering is in addition posted on the global computer Internet on the official site of the State committee on property.

15. In the notice on tendering on sale of shares (share in authorized fund), and also information on the announced biddings shall be specified:

name of the organizer of the biddings, its location;

date, time and venue of the biddings;

full and abbreviated name of economic society;

location of economic society;

size of authorized capital of economic society;

share of the Republic of Belarus in authorized capital of economic society;

quantity offered for sale of shares (the size of share in authorized fund);

share par value (cost of share in authorized fund);

initial cost of sale of shares (share in authorized fund);

sales terms of shares (share in authorized fund) on tender;

amount of deposit, subject to introduction for participation in the biddings, procedure and term of its introduction;

the list of the documents submitted for participation in the biddings specified in Item 16 of this provision;

the term of reception of applications on participation in the biddings and the documents attached to it;

the address to which reception of applications on participation in the biddings and the documents attached to them is performed;

information on need of cost recovery on the organization and tendering, including the expenses connected with production and provision to participants of documentation necessary for their carrying out (further - costs for the organization and tendering);

term of agreement signature of purchase and sale of shares (share in authorized fund);

numbers of contact telephone numbers for more information.

In the notice on tendering selling property complex, and also information on the announced biddings shall be specified:

name of the organizer of the biddings, its location;

date, time and venue of the biddings;

the complete and reduced names of the unitary enterprise;

location of the unitary enterprise;

initial cost of sale of property complex;

information on need of cost recovery on the organization and tendering;

terms of presentation of claims of creditors;

total amount of obligations of the unitary enterprise;

number of employees of the unitary enterprise;

sales terms of property complex on tender;

amount of deposit, subject to introduction for participation in the biddings, procedure and term of its introduction;

the list of the documents submitted for participation in the biddings specified in Item 16 of this provision;

the term of reception of applications on participation in the biddings and the submitted documents;

the address to which reception of applications on participation in the biddings and the documents attached to them is performed;

term of agreement signature of purchase and sale of property complex;

numbers of contact telephone numbers for more information.

Chapter 5. Conditions of participation in the biddings

16. For participation in the biddings to the organizer of the biddings in time, established in the notice on tendering, the application on participation in auction (tender) for sale in form according to appendix 3 is submitted (further - the statement).

Are enclosed to the application:

legal entity:

copies of the charter (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement) having the stamp testimonial of carrying out state registration, and certificates on state registration certified by the signature of the head of the legal entity;

the copy of the document confirming powers of the head of the legal entity (the order on position assignment of the head, or the certified extract from the decision of general meeting, board or other governing body of the legal entity according to constituent documents, either the employment contract (contract), or the relevant civil agreement or other documents according to the legislation), or powers of attorney to the representative (if the legal entity wishing to take part in the biddings is represented not by the head);

the individual entrepreneur - the copy of the certificate on state registration certified by the signature of the individual entrepreneur.

In case of submission of documents on participation in the biddings individual entrepreneurs, representatives of individual entrepreneurs, legal entities show the original document, proving the identity, and represent its copy which is certified by the organizer of the biddings.

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