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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 24, 2017 No. 1422

About voluntary conveyance in property of the Russian Federation parts of property of the public company

According to part 4 of article 6 of the Federal law "About the Public Companies in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on voluntary conveyance in property of the Russian Federation of part of property of the public company.

2. Determine that realization of the powers provided by this resolution is performed by the corresponding federal executive bodies within the established extreme number of workers, and also budgetary appropriations provided to the specified bodies in the federal budget on implementation of the established functions.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of November 24, 2017 No. 1422

Regulations on voluntary conveyance in property of the Russian Federation parts of property of the public company

1. This Provision establishes procedure for voluntary conveyance of part of property of the public company in property of the Russian Federation.

2. The offer of the public company on acceptance in property of the Russian Federation of part of the property which is in its property (further - the offer), goes the public company to the federal executive body authorized within the competence on acceptance in property of the Russian Federation of property of the public company (further - authorized body). The following documents are attached to the offer containing reasons for need and the purpose of implementation of transfer of such property:

a) the solution of the supervisory board of the public company on voluntary conveyance of part of its property which is drawn up in accordance with the established procedure in property of the Russian Federation;

b) motivated line item of the federal executive body performing on behalf of the Russian Federation functions and powers of the founder of the public company;

c) the list of the property offered to transfer with indication of its book value on the last reporting date and date of input of real estate object in operation;

d) the statement from the Single state real estate register about the main characteristics and the registered rights to real estate object or the copy of such statement certified in accordance with the established procedure about the real estate object offered to voluntary conveyance issued not earlier than before one month to its direction in authorized body (in case of non-presentation of such document the authorized body requests it independently);

e) the explanatory note containing reasons for feasibility of transfer of part of property of the public company with the description of cost efficiency of implementation of the offer;

e) copies of documents of title, confirmatory that the personal estate offered to voluntary conveyance belongs to the public company;

g) the draft agreement about voluntary conveyance of part of property of the public company in property of the Russian Federation.

3. The authorized body considers the offer within 30 working days and accepts one of the following decisions:

a) about preparation of the draft of the act of the Government of the Russian Federation of acceptance of part of property of the public company in property of the Russian Federation;

b) about suspension of consideration of the offer;

c) about return of documents, stipulated in Item 2 this provision.

4. The authorized body can suspend consideration of the offer for the term of no more than 3 months from the date of revenues to consideration of documents, stipulated in Item 2 this provision.

The basis for suspension of consideration of the offer is provision of incomplete set of documents, stipulated in Item 2 this provision, or discrepancy of documents to the requirements established by the legislation of the Russian Federation. The notice on suspension of consideration of the offer goes to the applicant no later than 7 working days from acceptance date of such decision of the public company.

5. The basis for return of documents by authorized body, stipulated in Item 2 this provision, is:

discrepancy of the solution of the supervisory board of the public company on transfer of part of its property to property of the Russian Federation to the requirements provided by the decision on creation of the public company and (or) its charter;

lack of legal basis for voluntary conveyance of part of property of the public company offered to transfer into the ownership of the Russian Federation;

not elimination of the reasons which formed the basis for suspension of consideration of the offer after the term of such suspension.

Return of documents, stipulated in Item 2 this provision, is performed with appendix of the cover letter with indication of return reason and does not interfere with the repeated direction of the offer.

6. The decision on acceptance or on refusal in acceptance of part of property of the public company in property of the Russian Federation is accepted by the Government of the Russian Federation proceeding from economic feasibility of such transfer.

7. For the purpose of adoption by the Government of the Russian Federation of the decision on acceptance or on refusal in acceptance of part of property of the public company in property of the Russian Federation the authorized body within 10 calendar days from the date of the decision making specified in the subitem "an" of Item 3 this provision sends the draft of the act of the Government of the Russian Federation for approval in the Ministry of Finance of the Russian Federation and other interested federal executive bodies. The authorized body introduces in the Government of the Russian Federation in accordance with the established procedure the agreed project of the act of the Government of the Russian Federation with application of documents, stipulated in Item 2 this provision (in case of absence at authorized body of powers on normative legal regulation in the established field of activity the draft of the act of the Government of the Russian Federation goes to the corresponding federal executive body for the subsequent entering into the Government of the Russian Federation).

8. The authorized body performs acceptance of part of property of the public company in property of the Russian Federation based on the decision of the Government of the Russian Federation on acceptance of part of property of the public company and according to the gift agreement and the transfer act.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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