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Ministry of Justice of Ukraine

April 10, 2020

No. 334/34617

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of March 4, 2020 No. 403

About approval of the Procedure for coordination of plans of sanitation

According to Articles 6, 7, 11 Laws of Ukraine "About management of objects of state-owned property", to Articles 4, 5, 51, 96 Codes of Ukraine on insolvency proceedings, for the purpose of reduction of regulatory legal acts of Fund of state-owned property of Ukraine in compliance with the legislation of Ukraine PRIKAZYVAYU:

1. Approve the Procedure for coordination of plans of sanitation which is applied.

2. Recognize invalid:

the order of Fund of state-owned property of Ukraine of March 3, 2016 No. 449 "About approval of the Procedure for provision of the consent of privatization by state bodies to introduction of the procedure of sanitation of the debtor before initiation of proceeedings about bankruptcy at the expense of non-budgetary sources of financing", registered in the Ministry of Justice of Ukraine on March 25, 2016 for No. 454/28584;

the order of Fund of state-owned property of Ukraine of November 1, 2016 No. 1991 "About approval of the Procedure for coordination of plans of sanitation, voluntary settlements and lists of liquidating masses", registered in the Ministry of Justice of Ukraine on November 23, 2016 for No. 1519/29649.

3. To provide to management of bankruptcy and liquidation of the companies submission of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.

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

5. To impose control of execution of this order on the vice-chairman of Fund of state-owned property of Ukraine according to distribution of functional obligations.

Chairman Fonda

D. Sennichenko

 

It is approved:

Acting as Chairman of the Public regulatory service of Ukraine

 

A. Miroshnichenko

Approved by the Order of Fund of state-owned property of Ukraine of March 4, 2020, No. 403

Procedure for coordination of plans of sanitation

I. General provisions

1. This Procedure is developed according to the laws of Ukraine "About Fund of state-owned property of Ukraine", "About management of objects of state-owned property", "About privatization of the state-owned and municipal property", the Code of Ukraine on insolvency proceedings.

2. This Procedure determines reconciliation procedure of privatization of plans of sanitation of debtor enterprises by state bodies concerning which are opened by economic courts bankruptcy proceeding, and also in case of initiation by debtor enterprise according to the decision of founders (participants, shareholders) of the procedure of sanitation before opening of proceeedings about bankruptcy.

3. Action of this Procedure extends on:

the state companies which belong to the sphere of management of state bodies of privatization;

economic societies with corporate laws of the state more than 50 percent of their authorized capital which belong to the sphere of management of state bodies of privatization;

the objects of state-owned property which are in management of authorized bodies of management in case of creation with their participation of new subjects of managing.

4. Changes and amendments in plans of sanitation of debtor enterprises are approved by state bodies of privatization in the same order, as plans of sanitation.

5. Coordination of plans of sanitation of debtor enterprises which answer conditions of Item 3 of this Section concerning which bankruptcy proceeding continues according to the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" is performed according to this Procedure.

6. Action of this Procedure does not extend to the state companies - debtors if coordination of conditions and procedure for carrying out sanitation before opening of production in the case of bankruptcy is performed according to the procedure, established by the Cabinet of Ministers of Ukraine.

II. Procedure for submission of the documents necessary for receipt of the conclusion of state body of privatization about coordination of plans of sanitation of debtor enterprises concerning which are opened by economic courts bankruptcy proceeding

1. For receipt of the conclusion about coordination of the plan of sanitation of debtor enterprise the manager of property (the managing director of sanitation), the head of debtor enterprise (in the procedure of the order property) submits to state body of privatization the written address to which are applied:

the plan of sanitation which conforms to requirements of the legislation and is constituted in the corresponding form approved by state body concerning bankruptcy;

the copies of constituent documents of the debtor certified in accordance with the established procedure;

the copy of the certificate on the right to implementation of activities of the arbitration manager certified in accordance with the established procedure;

the financial reporting in two last years preceding the accounting period, and for the last accounting period, signed by the head of the debtor and the chief accountant (in the presence).

2. The plan of sanitation shall be signed by the manager of property (the managing director of sanitation), the debtor's head (in the procedure of the order property), is approved signed) by the investor (in case of availability).

Except documents which are filed according to Item 2 of this Section the plan of sanitation shall contain information (documents) about:

availability on balance of the objects providing activity of separate objects of social infrastructure of the settlement in which borders there is debtor;

availability of finished goods in warehouses of inventory items;

the list of assets of the debtor on organizational structure according to results of the inventory count which is carried out according to the procedure, determined by the legislation concerning financial accounting and the financial reporting;

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