ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of October 18, 2018 No. 1330

About approval of the Procedure for provision by privatization authorities of consent to further alienation, transfer to pledge or entering into the authorized capital of economic society of the subjects to privatization encumbered with obligations of their owners to the state (territorial community)

According to article 27 of the Law of Ukraine "About privatization of the state-owned and municipal property" PRIKAZYVAYU:

1. Approve the Procedure for provision by privatization authorities of consent to further alienation, transfer to pledge or entering into the authorized capital of economic society of the subjects to privatization encumbered with obligations of their owners to the state (territorial community) which is applied.

2. Declare invalid the order of Fund of state-owned property of Ukraine of May 3, 2012 No. 606 "About approval of the Procedure for provision by state bodies of privatization of consent to further alienation or transfer to the pledge of the objects encumbered with obligations of their owners to the state", registered in the Ministry of Justice of Ukraine on May 21, 2012 for No. 807/21119.

3. To provide to management of control of post-privatization processes of Internal audit and control department submission of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.

4. I reserve control of execution of this order.

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

Approved by the Order of Fund of state-owned property of Ukraine of October 18, 2018, No. 1330

Procedure for provision by privatization authorities of consent to further alienation, transfer to pledge or entering into the authorized capital of economic society of the subjects to privatization encumbered with obligations of their owners to the state (territorial community)

I. General provisions

1. This Procedure governs the relations between privatization authority which exercises control over the implementation of the obligations by the owner of subject to privatization undertaken by it according to the purchase and sale agreement, the owner of subject to privatization and the applicant for acquisition of this object during its further alienation, transfer to pledge or entering of subject to privatization into the authorized capital of economic society during action of terms of the contract of purchase and sale.

2. In this Procedure terms are used in such values:

the owner - physical person or legal entity which possesses on the property right subject to privatization during the commitment period, determined by the purchase and sale agreement;

the purchase and sale agreement - the purchase and sale agreement of subject to privatization signed by privatization authority as a result of alienation of such object in the course of its privatization;

the agreement of the subsequent alienation - the written agreement between the owner and the applicant according to whom from the owner passes the property right to subject to privatization to the applicant and outstanding with the owner of the obligation, determined by the purchase and sale agreement;

the statement - the appeal to privatization authority in coordination of further alienation, transfer to pledge or entering into the authorized capital of economic society of subject to privatization;

the applicant - physical person or legal entity which acquires the subject to privatization which is the subject of the agreement of purchase and sale in case of its further alienation, transfer to pledge or introduction of such object to the authorized capital during action of terms of the contract of purchase and sale.

Other terms used in this Procedure are used in the values given in the Law of Ukraine "About privatization of the state-owned and municipal property".

II. Procedure for coordination of the subsequent alienation of subject to privatization by privatization authority

1. For receipt of consent to alienation of subject to privatization the owner and the applicant give to privatization authority which exercises control over the implementation of the obligations determined by the corresponding purchase and sale agreement, the following documents:

the application signed by the owner and the applicant;

copies of the purchase and sale agreement and agreements on modification of it (in case of availability);

documents concerning condition of accomplishment of terms of the contract of purchase sale and decisions of the courts concerning the sanctions provided by the current legislation and terms of the contract of purchase and sale (in case of availability);

draft agreement of the subsequent alienation;

written consent of the applicant about acceptance for the obligations determined by terms of the contract of purchase and sale;

the documents confirming the applicant's compliance (the creditor of financing of purchase of subject to privatization (in case of its attraction)) to requirements to the buyer, the stipulated in Clause 8 Laws of Ukraine "About privatization of the state-owned and municipal property", namely:

applicants who are legal entities, for acquisition of subject to big or small privatization:

permission of the Antimonopoly Committee of Ukraine to concentration (further - permission to concentration) (in case of need its obtaining according to the Law of Ukraine "About protection of the economic competition");

the extract from the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming of Ukraine - for legal persons - residents;

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