ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of October 18, 2018 No. 1331

About approval of the Procedure for return to the state-owned (municipal) property of subjects to privatization in case of termination or recognition invalid purchase and sale agreements of such objects

According to part eleven of article 26 of the Law of Ukraine "About privatization of the state-owned and municipal property" PRIKAZYVAYU:

1. Approve the Procedure for return to the state-owned (municipal) property of subjects to privatization in case of termination or recognition invalid purchase and sale agreements of such objects which is applied.

2. Declare invalid the order of Fund of state-owned property of Ukraine of November 14, 2001 No. 2107 "About approval of the Procedure for reconciliation of results of inventory counts and estimates of subject to privatization which by a court decision, economic court returns to state-owned property, and determinations of losses which could be caused to this object during ownership by it of the buyer", registered in the Ministry of Justice of Ukraine on December 14, 2001 for No. 1033/6224 (with changes).

3. To provide to management of control of post-privatization processes of Internal audit and control department submission of this order in accordance with the established procedure 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. 1331

Procedure for return to the state-owned (municipal) property of subjects to privatization in case of termination or recognition invalid purchase and sale agreements of such objects

I. General provisions

1. This Procedure governs the relations connected with return to the state-owned (municipal) property of the subject to privatization alienated by results of its sale at auction or by the redemption in case of agreement cancelation of purchase and sale of this object by agreement of the parties, by a court decision in connection with failure to carry out of terms of the contract or recognitions by its court invalid.

2. Subject to privatization returns to the sphere of management of privatization authority which carried out its alienation according to the purchase and sale agreement, for implementation of management of this object according to the legislation to date of its alienation as a result of repeated sale.

II. Return to the state-owned (municipal) property of subjects to privatization in voluntary procedure

1. Return to the state-owned (municipal) property of subject to privatization in voluntary procedure extends to cases of agreement cancelation of purchase and sale in the consent of the parties.

2. Based on the mutual arrangement concerning return to the state-owned (municipal) property of subject to privatization in voluntary procedure by purchase and sale agreement cancelation the privatization authority within 5 working days from the date of agreement cancelation of purchase and sale forms the joint commission on inventory count of subject to privatization which returns to the state-owned (municipal) property (further - inventory-taking group) which part representatives of privatization authority and representatives of the owner are.

The structure of inventory-taking group and procedure for its work are determined by privatization authority.

3. Inventory count of subject to privatization (except blocks of shares, shares) is carried out by the commission according to the Regulations on inventory count of assets and liabilities approved by the order of the Ministry of Finance of Ukraine of September 2, 2014 No. 879, registered in the Ministry of Justice of Ukraine on October 30, 2014 for No. 1365/26142 (with changes), as of day of agreement cancelation of purchase and sale.

4. Results of inventory count affirm the order of privatization authority within 5 working days after its completion.

5. Acceptance of subject to privatization which returns to the state-owned (municipal) property is performed by privatization authority within 30 calendar days after approval of results of inventory count. Transfer is drawn up by the act of acceptance transfer of subject to privatization which returns to the state-owned (municipal) property (further - the Act), in the form given in appendix to this Procedure.

The statement is drawn up in duplicate which are signed by the representative of privatization authority and the representative of the buyer and approves privatization authority.

Are applied to the Act:

technical data sheet on the real estate unit which returns to the state-owned (municipal) property;

the document certifying the corporeal right to the parcel of land on which subject to privatization is located;

the documents according to the legislation certifying acceptance in operation finished by asset construction (in case of availability);

the document certifying the property right to subject to privatization to its reshaping (reconstruction);

other documents determined by privatization authority.

6. In case of reshaping of subject to privatization in accordance with the terms of the purchase and sale agreement the reorientated subject to privatization is subject to return to the state-owned (municipal) property.

7. For acceptance of object in the state-owned (municipal) property the privatization authority forms the commission on acceptance by results of which the Statement will be drawn up and signed.

III. Features of return to the state-owned (municipal) property of the block of shares (shares)

1. Return by the owner of the block of shares to privatization authority is performed within 3 working days from the date of agreement cancelation of purchase and sale by signing of the delivery-acceptance certificate of the block of shares of society which is signed privatization authority and the owner, and by carrying out accounting transactions on accounts in securities of privatization authority and the owner in depository institutions according to the legislation on depositary system in Ukraine.

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