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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 lease, 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 (managing organization) 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.

Prime Minister of the Republic of Belarus

S. Rumas

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 October 3, 2012 No. 905 "About measures for implementation of the Presidential decree of the Republic of Belarus of July 4, 2012 No. 294 and modification and amendments in some resolutions of Council of Ministers 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;

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