ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of March 15, 2016 No. 526

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

According to article 5 of the Law of Ukraine "About Fund of state-owned property of Ukraine", to the Laws of Ukraine "About joint-stock companies", "About depositary system of Ukraine", to the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003 No. 1891 "About approval of the Technique of assessment of property" and for the purpose of increase in efficiency of process of privatization of state-owned property and investment attraction in economy of Ukraine I ORDER:

1. Approve Changes in the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies approved by the order of Fund of state-owned property of Ukraine of May 10, 2012 No. 639, the order of the Antimonopoly Committee of Ukraine of May 10, 2012 No. 282-r, the decision of the National commission on securities and the stock market of May 10, 2012 No. 674, registered in the Ministry of Justice of Ukraine on June 12, 2012 for No. 940/21252, which are applied.

2. In accordance with the established procedure to provide to management concerning exchange activities and competitive sale of Department of competitive sales of subjects to privatization submission of this order on state registration in the Ministry of Justice of Ukraine.

3. To impose control of execution of this order on the vice-chairman of Fund of state-owned property of Ukraine according to distribution of functional obligations.

4. This order becomes effective from the date of its official publication.

No. 526, the Order of the Antimonopoly Committee of Ukraine of March 15, 2016 No. 4-rp, the Decision of the National commission on securities and the stock market of Ukraine of March 15, 2016 No. 295 are approved by the Order of Fund of state-owned property of Ukraine of March 15, 2016

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

1. In Item 1.3 of the Section I:

The paragraph the ninth to state 1) in the following edition:

"Competitive guarantee of the participant - the fee of money determined according to conditions of the corresponding tender in the amount of 5 percent from starting price of the block of shares for objects of group G and fuel and energy complex and 20 percent from starting price of the block of shares for group B objects into the account determined in the information message about carrying out tender;";

The seventeenth the word "cost" to replace 2) in the paragraph with the word "price".

2. To state Item 2.3 of the Section II in the following edition:

"2.3. If on participation in tender the statement from one potential buyer who is recognized as the participant of tender or if only one participant of tender is allowed to participation in tender arrived, the selling price of the block of shares of joint-stock company is established based on the price which was determined by the buyer in the competitive offer, but who cannot be less starting price of the block of shares and the cost established as a result of independent assessment, the report on which shall be valid for date of the conclusion of the purchase and sale agreement of such block of shares.".

3. In the Section III:

1) in Item 3.1 of the word and figures "at least 60 percent" shall be replaced with words also in figures "more than 50 percent";

Item 3.4.21 of Item 3.4 to state 2) in the following edition:

"3.4.21 signs the delivery-acceptance certificate of shares with the buyer of the block of shares, issues the order to depository institution about accomplishment of accounting transaction on transfer of shares into the account of the winner of tender.".

4. In Item 5.8 of the Section V of the word and figures "at least 60 percent" shall be replaced with words also in figures "more than 50 percent".

5. In the first offer of Item 8.9 of the Section VIII to replace the word "costs" with the word "prices".

6. In the Section IX:

Item 9.4 to state 1) in the following edition:

"9.4. Within three working days after complete payment of cost of the block of shares, but not earlier than day of receipt of the Antimonopoly Committee of Ukraine by the buyer of permission (Administrative board of the Antimonopoly Committee of Ukraine) and provision of its verified copy to state body of privatization transfer of the block of shares by the seller to the buyer is performed (the order is issued to depository institution about accomplishment of accounting transaction on transfer of shares into the account of the buyer).";

Item 9.6 to state 2) in the following edition:

"9.6. The share purchaser in paperless form represents to state body of privatization as a part of the final draft agreement of purchase and sale information on the account opened addressed to the buyer in securities in depository institution and information on depository institution in the amount necessary for creation of the implementation order of accounting transaction on transfer acquired by the share purchaser.".

7. To exclude Item 10.2 of the Section X.

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