ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of August 31, 2004 No. 1800

About approval of the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies

In connection with entry into force of Civil, Economic codes of Ukraine and according to the law of Ukraine "About privatization of state-owned property" I ORDER:

1. Approve Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies it (is applied).

2. To department of strategy of individual privatization (I. Bilotserkovets) to submit this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

3. (I. Bilotserkovets) in ten-day time after state registration of this order to provide to department of strategy of individual privatization its publication in "The state newsletter on privatization" and appendix to byulletenyugazeta of "The sheet of privatization".

4. And public relations (A. Grinenko) in ten-day time after state registration of this order to provide to department of interaction with the Verkhovna Rada of Ukraine, mass media its placement on the web page of Fund of state-owned property of Ukraine.

5. To impose control over the implementation of this order on the vice-chairman of Fund of state-owned property of Ukraine Kalnichenko L. F.

Approved by the Order of Fund of state-owned property of Ukraine of August 31, 2004 No. 1800 the Order of the Antimonopoly Committee of Ukraine of August 31, 2004 No. 330-r the Decision of State commission on securities and the stock market of November 17, 2004 No. 489

Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies

1. General provisions

1.1. This Provision is developed according to the Laws of Ukraine "About privatization of state-owned property", "About the State program of privatization", "About features of privatization of the companies belonging to the sphere of management of the Ministry of Defence of Ukraine", "About protection of the economic competition", the Presidential decree of Ukraine of 14.07.2000 N 891 "About measures for strengthening of bank system of Ukraine and increase in its role in processes of economic transformations", the resolution of the Cabinet of Ministers of Ukraine of 10.12.2003 N 1891 "About approval of the Technique of assessment of property" and other regulatory legal acts of Ukraine.

1.2. This Provision establishes procedure for preparation, the organization and carrying out tenders selling the blocks of shares belonging to the state in property of joint-stock companies which perform state bodies of privatization, including with the assistance of the legal entities (advisers) authorized by them.

1.3. The stated below terms are used in this Provision in such value:

data on the control relations - data complete (in full) concerning the control relations by which the participant of tender (person who it represents or whom acts for the benefit of) and persons which it is controlled are connected with other persons and also the information about person which exercises control of activities of group of the subjects of managing connected by the control relations with the participant of tender (person who it represents or whom acts for the benefit of);

additional terms of participation in tender - established by privatization authority, including on representation of tender committee, the requirement to supporting documents which can concern qualification characteristics of the participant of tender and features of privatization of subject to privatization;

qualification requirements - the requirements to supporting documents of the member of the konkursapromyshlenny investor established by privatization authority which meet the purposes and priorities of privatization of the companies having strategic importance for economy and safety of the state;

tender - method of sale of shares of joint-stock company on which the winner the participant who offered top price for the block of shares and assumed obligation to satisfy all fixed tender conditions is recognized;

competitive guarantee of the participant - the fee determined according to conditions of the corresponding tender in the form of money in the amount of 10 percent of initial cost of the block of shares;

the competitive offer - the documents containing proposals of potential buyers concerning acquisition of the block of shares;

the plan of privatization of the block of shares - the obligation of the potential buyer concerning accomplishment of the fixed conditions of tender and payment of the price of acquisition of the block of shares, provided to them as a part of the competitive offer according to appendix 1 to this Provision;

the concept of development of society (subject to privatization) - the actions of the participant of tender in respect of privatization of controlling stock of rather further effective use of subject to privatization directed to increase in economic, social, financial technological and ecological performance of activities of the corresponding subject to privatization;

documentation package about tender - documents which are provided to the potential buyer and contain procedural and information materials;

supporting documents - the documents containing certificates and proofs of legal status and qualification characteristics of the participant of tender. Based on supporting documents compliance of the participant of tender to requirements of article 8 of the Law of Ukraine "About privatization of state-owned property" is established and capability of the participant of tender to satisfy specific conditions of privatization of the corresponding subject to privatization according to regulations of the current legislation of Ukraine and conditions of tender;

the tender documentation - the competitive offer and supporting documents;

the potential buyer - any physical person or legal entity which has interest in acquisition of the block of shares of society;

initial cost of the block of shares - the cost of the block of shares at which its sale at tender begins;

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