It is registered
Ministry of Justice of Ukraine
May 7, 2002
of April 12, 2002 No. 667
About approval of the Regulations on procedure for restructuring of the companies
1. Approve Regulations on procedure for restructuring of the companies which are applied.
2. To the head of department of preprivatization preparation of the companies and restructuring of economic societies V. Putivsky:
2.1. Provide in five-day time from the date of approval of this order its provision on state registration in the Ministry of Justice of Ukraine.
2.2. Provide in ten-day time from the date of state registration of provision of this order in "The state newsletter on privatization" for publication.
3. Declare invalid the order of Fund of state-owned property of Ukraine of 21.08.2000 No. 1741 "About approval of the Regulations on procedure for restructuring of the companies", registered in the Ministry of Justice of Ukraine 06.09.2000 for No. 582/4803 (with changes and amendments).
4. To impose control of execution of this order on the vice-chairman of Fund V. Vasilyev.
Approved by the Order of Fund of state-owned property of Ukraine on April 12, 2002 No. 667
The provision establishes procedure for restructuring of subjects to privatization of groups B and G which is carried out according to the current legislation according to the decision of Fund of state-owned property of Ukraine (further - FGIU).
The decision on restructuring of the company affirms the order FGIU.
In connection therewith the Provision restructuring predpriyatiyaeto implementation of complex of the organizational and economic, financial and economic, legal, technical actions directed to increase in investment appeal of subject to privatization, growth in volumes of release of competitive products, increase in production efficiency.
Restructuring of the company is performed with observance of requirements of regulatory legal acts which are acting at the time of its carrying out, and also taking into account Methodical instructions concerning carrying out restructuring of the state companies approved by the order of the Ministry of Economics of Ukraine of 23.01.98 No. 9, registered in the Ministry of Justice of Ukraine 23.03.98 for No. 187/2627.
The procedure for restructuring of the companies provides:
decision making about restructuring of the company;
creation of the commission on restructuring of the company;
development and deployment of the restructuring plan of the company.
the economic organizations in which authorized capitals corporate laws of the state exceed 50 percent (the daleekhozyaystvenny organizations).
1.3. For the economic organizations in which authorized capitals the state share constitutes less than 50 percent plus 1 share regulations of this Provision have advisory nature.
1.4. Due to the work on restructuring of FGIU can make the decision:
1.4.1 about modification of the Plan of share placing of open joint stock company regarding transfer of term of their placement;
1.4.2 about prolongation of term of plan development of restructuring.
1.5. Process of restructuring of the company begins with the moment of acceptance of FGIU of the decision on restructuring and it is considered complete based on the order FGIU on the termination of this process.
1.6. Sale of shares of the economic organization is resumed after acceptance of FGIU of the decision on the termination of restructuring of the economic organization. According to the decision of FGIU sale of shares of the economic organization can be resumed before completion of process of its restructuring.
2.1. Can be initiators of decision making about restructuring:
2.1.1 concerning the companies specified in the first paragraph of Item 1.2:
management of the company;
authorized bodies to which sphere of management the company before decision making about privatization belonged;
commission on privatization of this company;
Antimonopoly Committee of Ukraine;
2.1.2 rather economic organizations specified in the second paragraph of Item 1.2:
authorized bodies of management;
board of the economic organization in coordination with the supervisory board;
2.2. For consideration of question of acceptance of FGIU of the decision on restructuring the initiator submits the corresponding address.
Are applied to the address:
protocols (minutes abstracts) of board meetings and the supervisory board of the economic organization, commission on privatization with the offer concerning carrying out restructuring of the company;
information on condition of privatization of the company;
organizational structure analysis of the company;
the analysis of the markets of goods (works, services) which are issued (are provided) by the company;
information on financial condition of the company (with obligatory specifying of the reasons of unsatisfactory financial property status of the company);
offers concerning content of actions for restructuring;
feasibility statement on feasibility of carrying out restructuring of the company.
2.3. During consideration of the materials given to FGIU for preparation of the decision on restructuring of the company by the relevant structural division of Fund are carried out:
financial analysis of the company which is performed according to Regulations on procedure of financial analysis of the companies, privatizeable, the approved joint order of the Ministry of Finance of Ukraine and Fund of state-owned property of Ukraine of 26.01.2001 No. 49/121, registered in the Ministry of Justice of Ukraine 08.02.2001 for No. 121/5312;
preparation of the conclusions about feasibility of carrying out restructuring of the company;
preparation and provision to management of FGIU on approval of the draft of the order concerning the decision on restructuring of the company.
2.4. Preparation of the conclusions about feasibility of carrying out restructuring of the state company concerning which the decision on privatization is made is carried out by results of consideration of offers of the commission on privatization and the materials specified in Item 2.2 of this Provision.
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