ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of September 15, 2000 No. 1935

About approval of the Regulations on procedure for privatization of shares (shares, shares) which own the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership

For the purpose of ensuring realization of the tasks established by the State program of the privatization for 2000 - 2002 approved by the Law of Ukraine "About the State program of privatization" I ORDER:

1. Approve Regulations on procedure for privatization of shares (shares, shares) which own the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership (are attached).

2. To provide to the head of department of reforming of the companies of agro-industrial complex Chernoivanov V. V. state registration of the Provision noted in Item 1 of this order, in the Ministry of Justice of Ukraine. After state registration of this order to provide provision it in publishing department for publication in "To majestic informatsiynomu byuleteni about privatizatsiyu".

3. Recognize such which voided the Regulations on privatization of the state shares (shares, shares) in property of the intereconomic companies approved by the order of Fund of state-owned property of Ukraine of February 7, 1996 N124 and registered in the Ministry of Justice of Ukraine on February 29, 1996 for N101/1126.

4. To impose control over the implementation of this order on the vice-chairman of Fund V. Vasilyev.

Approved by the Order of Fund of state-owned property of Ukraine and the decision of State commission on securities and the stock market of September 15, 2000 No. 1935/139

Regulations on procedure for privatization of shares (shares, shares) which own the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership

1. This Provision is developed according to the Laws of Ukraine of January 13, 2012 No. 4335-VI "About the State program of privatization", of January 13, 2012 No. 4336-VI, "About introduction of amendments to some laws of Ukraine concerning privatization concerning realization of provisions of the State program of privatization for 2012 - 2014 years", "About features of privatization of property in agro-industrial complex" and other regulatory legal acts concerning privatization of state-owned property and determines procedure for privatization of shares (shares, shares) which own the state in the authorized capital of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership.

2. Subject to privatization in property of the economic societies, other economic organizations and companies founded based on consolidation of property of different patterns of ownership (further - the Company), are determined in their constituent documents of share (shares) or shares which the state owns.

3. In property of the Companies for the decision of privatization authorities preprivatization preparation according to the procedure established by the Cabinet of Ministers of Ukraine can precede privatizations of the state shares (shares, shares).

4. The initiative concerning privatization of shares (shares, shares) in property of the Company from the buyers determined such according to article 8 of the Law of Ukraine "About privatization of property of the state companies" is implemented by giving by them in privatization authority of the statement for privatization in writing according to the Procedure for provision and consideration of the applications on privatization approved by the order of Fund of state-owned property of Ukraine of July 1, 1997 N683 and registered in the Ministry of Justice of Ukraine on August 29, 1997 for N362/2166 (with changes).

5. Privatization of the state shares (shares, shares) of the Companies of agro-industrial complex is performed irrespective of the cost of subjects to privatization (but at the cost of complete property complexes of these companies which is at least necessary for creation of the authorized capital of joint-stock company according to the legislation of Ukraine) by transformation of the Companies into joint-stock companies (in the presence of consent to such transformation of other founders (participants) of the Companies) and further sale of shares which belong to the state if another is not provided by their constituent documents.

The paragraph two is excluded according to the Order of Fund of state-owned property of Ukraine of 10.05.2012 No. 646

6. Privatization of the state shares (shares, shares) of the Companies of agro-industrial complex is performed according to the order of Fund of state-owned property of Ukraine of August 17, 2000 No. 1718 "About approval of provisions concerning privatization of property in agro-industrial complex", registered in the Ministry of Justice of Ukraine on September 29, 2000 for No. 666/4887 (with changes).

7. Representatives (representative) of non-state founders (participants) of the Company also enter into structure of the commission on privatization which is created according to item 2 of article 13 of the Law of Ukraine "About privatization of state-owned property" on parity bases.

8. The commission on privatization together with other documents determined by the Regulations on the plan of privatization of the nonagricultural companies and the organizations of agro-industrial complex approved by the order of Fund of state-owned property of Ukraine of August 17, 2000 N1718 and registered in the Ministry of Justice of Ukraine on September 29, 2000 for N667/4888 (with changes) (or Regulations on procedure for privatization of property of sovkhozes and other state agricultural enterprises, and also N1718 based on their base of the rent companies, the approved order of Fund of state-owned property of Ukraine of August 17, 2000 and registered in the Ministry of Justice of Ukraine on September 29, 2000 for N668/4889 (with changes)), develops and submits to privatization authority the draft of the foundation agreement of joint-stock company approved by non-state founders (participants) which is created based on the Company (appendix 1).

9. The draft of the foundation agreement is considered approved with non-state founders if they within 20 days from the date of provision on approval of this document did not state them in writing to it notes.

In the absence of the consent of the non-state founder with the size of its fee determined in the draft of the foundation agreement in the authorized capital of joint-stock company which is created based on the Company he has the right to appeal to Arbitration Court or court.

10. In 10-day time from the date of approval of the plan of privatization the privatization authority organizes holding general meeting of founders of joint-stock company which is created based on the Company.

11. On general meeting of founders:

the foundation agreement of joint-stock company is signed;

its charter affirms;

the decision on share issue of this society is made.

Holding meeting is drawn up by the protocol (appendix 2).

12. Creation based on the Company of joint-stock company is performed according to the procedure, established by the Cabinet of Ministers of Ukraine.

13. Registration of share issue of the joint-stock company created based on the Company is performed according to the current legislation of Ukraine in the field of securities.

14. Privatization of the state shares (shares, shares) in property of the Companies which do not belong to objects of agro-industrial complex is performed according to the current legislation of Ukraine.

Appendix 1

to Regulations on procedure for privatization of shares (shares, shares) which own the state in property of the intereconomic companies and in authorized capitals of the economic societies created on their base

It is excluded according to the Order of Fund of state-owned property of Ukraine of 10.05.2012 No. 646

Appendix 2

to Regulations on procedure for privatization of shares (shares, shares) which own the state in property of the intereconomic companies and in authorized capitals of the economic societies created on their base

It is excluded according to the Order of Fund of state-owned property of Ukraine of 10.05.2012 No. 646

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