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Ministry of Justice of Ukraine

September 26, 2019

No. 1057/34028

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 24, 2019 No. 2984/5

About approval of the Procedure for use of the certificate and seal of the arbitration manager

According to part three of article 11 of the Code of Ukraine on insolvency proceedings, the subitem 1 of Item 3, I ORDER to Item 10 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228,:

1. Approve the Procedure for use of the certificate and seal of the arbitration manager which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of November 7, 2012 No. 1635/5 "About approval of descriptions and the Procedure for use of the certificate and seal of the arbitration manager (the manager of the property managing sanitation, the liquidator)", registered in the Ministry of Justice of Ukraine on November 08, 2012 for No. 1875/22187 (with changes).

3. To department concerning justice and safety (Oleynik A. N.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. To department of financial provision and financial accounting (Danilov A. A.) provide financing of the expenses connected with production of forms of certificates of the arbitration manager.

5. To provide to administrative department (M.B.'s Bugloss) production of forms of certificates of the arbitration manager.

6. This order becomes effective from the date of enforcement of the Code of Ukraine on insolvency proceedings, but not earlier than day of official publication of this order.

7. To impose control of execution of this order on the deputy minister according to distribution of functional obligations.

Minister

D. Malyuska

Approved by the Order of the Ministry of Justice of Ukraine of September 24, 2019, No. 2984/5

Procedure for use of the certificate and seal of the arbitration manager

1. This Procedure establishes procedure for issue and use of the certificate of the arbitration manager (further - the certificate), and also uses of seal of the arbitration manager.

2. The certificate is the official document which proves the identity and confirms the powers of the owner of the certificate established by the Code of Ukraine on insolvency proceedings.

3. The owner of the certificate shall make thrifty use of the certificate and have it with himself during implementation of powers of the arbitration manager.

4. Execution of the form of the certificate is performed in official language by means of the computer equipment.

5. The Ministry of Justice orders production of forms of certificates. Forms of certificates are made by description the certificate of the arbitration manager (appendix 1).

6. The certificate is filled in with hand-written method by the employee of structural division of Ministry of Justice which provides realization of powers of state body concerning bankruptcy (further - structural division of Ministry of Justice).

7. The certificate is signed by the deputy minister of justice of Ukraine according to distribution of functional obligations.

8. The signature of the deputy minister of justice of Ukraine and the photo of the owner of the certificate are sealed official Ministry of Justice.

9. Corrections in the certificate are forbidden.

10. It is inadequate the drawn-up certificate, and also with blots and erasures it is considered invalid and is not subject to use when implementing powers of the arbitration manager.

11. Account of certificates is kept by structural division of Ministry of Justice in register and certifications of the arbitration manager (further - the Magazine) (appendix 2).

12. The Ministry of Justice issues the certificate free of charge along with issue of the certificate on the right to implementation of activities of the arbitration manager.

13. The employee of structural division of Ministry of Justice hands the certificate to personally arbitration manager or his representative by proxy.

If the arbitration manager or his representative by proxy did not address to Ministry of Justice for delivery of the certificate within thirty calendar days from the date of issue of the order of Ministry of Justice on issue of the certificate on the right to implementation of activities of the arbitration manager, the certificate goes the registered mail to the arbitration manager, specified in the statement for the admission to passing qualification examination, with the cover letter signed by the head of the structural unit of Ministry of Justice or person who fulfills its duties.

Date of issue of the certificate is the date of receipt of the certificate by the arbitration manager or his representative by proxy, and in case of the direction of the certificate by mail - date of the cover letter of structural division of Ministry of Justice.

14. About delivery or sending the certificate to column 6 of the Magazine the corresponding record is brought.

15. In case of loss or theft of the certificate the arbitration manager shall file within ten calendar days in Ministry of Justice petition for certification of the arbitration manager (appendix 3), to advertize in loss or stealing of the certificate in local mass media, and also (in case of theft) to address to law enforcement agencies in the place of theft.

The lost or stolen certificate is considered invalid.

16. Proofs of publication of the announcement of loss or stealing of the certificate in local mass media, appeals to law enforcement agencies in case of theft of the certificate and one photo of 40 x 30 mm in size are enclosed to the application for certification of the arbitration manager.

17. In case of damage of the certificate and impossibility of its further use the arbitration manager within ten calendar days from the moment of detection of such circumstances files in Ministry of Justice petition for replacement of the certificate of the arbitration manager (appendix 4).

The certificate which is subject to replacement and one photo of 40 x 30 mm in size is enclosed to the application for replacement of the certificate of the arbitration manager.

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