RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 11, 2018 No. 552

About approval of the Procedure for creation of joint-stock companies in the course of privatization and transformation of the state companies, share issue of such societies

According to part three of article 17 of the Law of Ukraine "About privatization of the state-owned and municipal property" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for creation of joint-stock companies in the course of privatization and transformation of the state companies, share issue of such societies which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 11, 2018 , No. 552

Procedure for formation of joint-stock companies in the course of privatization and transformation of the state companies, share issue of such societies

1. This Procedure determines the procedure of creation of joint-stock companies and transformation of the state companies to joint-stock companies in the course of privatization.

Formation of joint-stock companies by local government bodies in the course of privatization and transformation of the municipal companies can be regulated by this Procedure.

2. Founders of joint-stock companies in the course of privatization is the Fund of state-owned property, its regional departments and representations in areas and the cities, privatization authorities in the Autonomous Republic of Crimea (further - state bodies of privatization) which are effective within powers, stipulated by the legislation.

3. The decision on transformation of the state companies to joint-stock companies in the course of privatization is made by state bodies of privatization on representation of subjects of management of objects of state-owned property according to offers of such bodies concerning inclusion of the state companies in lists of subjects to privatization, privatizeable, and/or in case of provision of consent to privatization of object of state-owned property.

Transformation of the state companies having strategic importance for economy and safety of the state to joint-stock companies in the course of privatization is performed in coordination with the Cabinet of Ministers of Ukraine.

The draft of the order of the Cabinet of Ministers of Ukraine about coordination of transformation of the state company having strategic importance for economy and safety of the state in joint-stock company in the course of privatization prepares and submitted for consideration of the Cabinet of Ministers of Ukraine by Fund of state-owned property in coordination with the subject of management of the corresponding object of state-owned property, Ministry of Economics, the Ministry of Finance and Ministry of Justice.

4. Decisions on transformation of the state companies to joint-stock companies are made by state bodies of privatization based on the decisions made by them on privatization of such companies.

5. In case of formation of joint-stock companies and transformation of the state companies to joint-stock companies according to this Procedure only common nominal shares can be issued.

6. Transformation of the state companies to joint-stock companies provides:

1) acceptance by state body of privatization of the decision on transformation of the state company and creation of the commission on transformation;

2) evaluating single property complex of the company according to the Technique of assessment of property approved by the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003 No. 1891 (The Official Bulletin of Ukraine, 2003, No. 51, Art. 2669; 2015, No. 100, the Art. 3435), for the purpose of determination of the size of the authorized capital of joint-stock company;

3) preparation by the commission on transformation of the appraisal report of property, the property deed in the authorized capital of joint-stock company in the form established by Fund of state-owned property, and project of charter of joint-stock company;

4) approval of privatization of the appraisal report of property by state body;

5) acceptance by state body of privatization of decisions on approval of charter of joint-stock company, the property deed in the authorized capital of joint-stock company and share issue;

6) state registration of the termination of the company and state registration of the created joint-stock company according to the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming";

7) registration of share issue;

8) approval of the plan of share placing in the form determined by Fund of state-owned property.

7. Organizational support of process of transformation of the state company is performed by the commission on transformation which is formed by state body of privatization.

8. The commissions on transformation are included at least two representatives of state body of privatization, one representative of the subject of management of object of state-owned property which exercised control of the relevant company before decision making about privatization, and the head of the state company which will be transformed to joint-stock company.

In case of transformation of the state company included in the list of the objects of state-owned property having strategic importance for economy and safety of the state, the commission on transformation one representative of Ministry of Economics and in case the state company holds the exclusive (dominating) goods market position, - one representative of the Antimonopoly Committee is included.

According to the decision of state body of privatization of the commission also representatives of other bodies and organizations can be included.

The specified bodies in three-day time from the date of obtaining from state body of privatization of the message on formation of the commission on transformation delegate the representatives to its structure.

The structure of the commission on transformation affirms the order of state body of privatization in week time from the date of receipt of candidates in its structure.

9. The commission on transformation is headed by the chairman who is the representative of state body of privatization. The commission chairman will organize its work, responsibility for accomplishment of its tasks by the commission is conferred on him.

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