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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of June 7, 2019 No. UP-5739

About measures for simplification of liquidation procedure of subjects of entrepreneurship

(as amended of the Presidential decree of the Republic of Uzbekistan of 30.04.2021 No. UP-6218)

For the purpose of simplification of procedure for liquidation of subjects of entrepreneurship, cancellation of the excessive administrative restrictions promoting emergence of unreasonable expenses for subjects of entrepreneurship in the course of liquidation, further improvement of line items of the Republic of Uzbekistan in the world rankings and indexes on business and also in pursuance of the tasks determined in the State program by strategy implementation of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 in "Year of active investments and social development":

1. Agree with proposals of the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship, the State Tax Committee and the Ministry of Justice that since January 1, 2020:

the permanent territorial special commissions on liquidation of the companies which are not performing financial and economic activities and (or) did not create the authorized funds in the terms established by the legislation are abolished;

the procedure for liquidation of the subjects of entrepreneurship which did not create within one year from the date of state registration authorized funds in the sizes provided by constituent documents is cancelled;

electronic exchange of information between state bodies by reducing excessive documents and procedures in case of liquidation of subjects of entrepreneurship is entered.

2. Enter since January 1, 2020 procedure according to which:

a) in case of voluntary liquidation of subjects of entrepreneurship - legal entities (further - the companies):

publication in one or several periodic printing editions of the announcement of liquidation of the company is not required, at the same time the relevant data are posted on the official site of registering body;

financial and economic activities of the companies which were not performing financial and economic activities from the moment of state registration, not having tax debt are not subject to check;

the maximum frequency of conducting checks of financial and economic activities of the liquidated companies by bodies of the State Tax Service makes three years;

receipt of the available data on the company from authorized state bodies for check of its financial and economic activities is performed through the Automated system of state registration and registration of subjects of entrepreneurship (further - System);

aggregate term of voluntary liquidation of the company shall not exceed six months from the date of receipt by registering body of the notification on voluntary liquidation;

b) receipt of body of the State Tax Service by the applicant of the conclusion about absence of debt for taxes and other obligatory payments in case of suspension of operations of physical persons - subjects of entrepreneurship is not required;

c) in case of liquidation of the companies which are not performing financial and economic activities:

the term which is the basis for recognition of the company which is not performing financial and economic activities constitutes nine months;

on representation of body of the State Tax Service of the company, not performing financial and economic activities, are transferred by registering body to the idle mode for a period of three years;

the registering body excludes them from the Unified state register of subjects of entrepreneurship in case of not recovery of activities of the companies transferred to the idle mode within three years.

3. Determine that untimely, defective and doubtful ensuring introduction by the state bodies and other organizations connected to the System relevant to the information is considered violation of established procedure of rendering the state services.

Under the Ministry of Justice of the Republic of Uzbekistan to provide to the agency of the state services constant control, including through System, behind timely, full and reliable introduction of the relevant information by the state bodies and other organizations connected to System.

4. To the Uzarkhiv agency under the Cabinet of Ministers of the Republic of Uzbekistan to take measures for decrease twice in quotations on the rendered archive services determined by the existing standard rate in case of adoption of documents of voluntarily liquidated subjects of entrepreneurship in a month and to enter information on results in the Cabinet of Ministers.

5. To the State Tax Committee of the Republic of Uzbekistan, the Ministry of Justice in two-month time to bring in the Cabinet of Ministers:

together with the National agency of project management in case of the President of the Republic of Uzbekistan, the Ministry of development of information technologies and communications and the Ministry of Finance the program of measures for reduction of System in compliance with requirements of this Decree, to connection to it of the interested state bodies and the organizations with indication of specific financing sources;

together with the Supreme Court of the Republic of Uzbekistan, the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship of the offer on modification and amendments in the Civil code of the Republic of Uzbekistan, the Economic Procedure Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About guarantees of freedom of business activity", providing transfer by registering body into the idle mode of the companies which are not performing financial and economic activities for a period of three years in case of activities not recovery - their exception of the Unified state register of subjects of entrepreneurship;

together with the interested ministries and departments projects of the Regulations on procedure for voluntary liquidation of subjects of entrepreneurship and suspension of their activities and Regulations on procedure for exception of the state register of the subjects of entrepreneurship which are not performing financial and economic activities;

together with the interested ministries and departments of the offer on the changes and amendments in the legislation following from this Decree.

6. Recognize invalid some acts of the President of the Republic of Uzbekistan since January 1, 2020 according to appendix.

7. To impose control of execution of this Decree on the Prime Minister of the Republic of Uzbekistan A. N. Aripov.

President of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix

to the Presidential decree of the Republic of Uzbekistan of June 7, 2019 No. UP-5739

The list of some acts of the President of the Republic of Uzbekistan recognized voided since January 1, 2020

1. The presidential decree of the Republic of Uzbekistan of 28.06.1999 No. UP-2331 "About Measures for Simplification of Procedure for Liquidation of the Companies Which Are Not Performing Financial and Economic Activities and Did Not Create the Authorized Funds in the Terms Established by the Legislation" (The bulletin of Oliy Majlis of the Republic of Uzbekistan of 1999 No. 6, the Art. 155).

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