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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 2, 2020 No. 1182

Some questions of the organization and holding electronic auctions

The Cabinet of Ministers of Ukraine decides:

1. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

2. Determine that operators of the authorized electronic platforms shall provide to the administrator of electronic trading system the documents and/or references confirming compliance of such operators:

1) to the requirements determined by paragraphs the second, third, the fifth, sixth and eighth the subitem 1 of Item 2 and paragraphs the second, the third, fifth, seventh the subitem 2 Items of 3 changes approved by this resolution within one month from the date of entry into force of this resolution;

2) to the requirements determined by the paragraph the fourth the subitem 1 of Item 2 and the paragraph the fourth the subitem 2 Items of 3 changes approved by this resolution concerning the size of the authorized capital:

within three months from the date of entry into force of this resolution - at least 250 thousand hryvnias;

within six months from the date of entry into force of this resolution - at least 500 thousand hryvnias;

within nine months from the date of entry into force of this resolution - at least 750 thousand hryvnias;

within one year from the date of entry into force of this resolution - 1 million hryvnias.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 2, 2020 No. 1182

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. According to the procedure of holding electronic auctions for sale of subjects to small privatization and determination of additional terms of sale, No. 432 approved by the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 (The Official Bulletin of Ukraine, 2018, No. 47, the Art. 1641, No. 62, the Art. 2136):

The paragraph the fifteenth Item 2 to state 1) in the following edition:

"payment for participation - the monetary reward of the operator of an electronic trading platform which is paid by the winner of electronic auction or person on whom the decision on privatization of object by the redemption, according to the agreement between the operator of an electronic trading platform and the participant in addition to the amount of means offered them for the acquired lot is made;";

The Item 9 paragraph two after words "provides" 2) to add with the words "establishment of the beginning";

The second Item 22 of the word "for the last accounting year" to exclude 3) in the paragraph;

4) in paragraph one of Item 23 of the word "sales terms" to replace with the word "conditions";

Item 51 to state 5) in the following edition:

"51. If by results of electronic auction the closed price proposal and/or the price proposal of any of participants does not contain bid increment on increase in the starting price, the electronic trading system automatically gives to electronic auction the status "the auction did not take place.";

Item 59 to add 6) with the paragraph of the following content:

"If during the auction the closed price proposal and/or the price offer submitted by the participant of auction is big the starting price of lot of the size at least the size of the minimum bid increment, it is considered that such participant took bid increment.";

7) paragraph one of Items 67 and 96 after the word and figures of "Article 14" to add with words and figures ", the paragraph third Article 15 parts six";

To state Item 107 in the following edition:

"107. In case by results of electronic auction the selling price of subject to privatization is smaller, than the amount of the guarantee fee paid by the winner, the operator of an electronic trading platform in terms, the stipulated in Item 106 presents About, transfers into the treasurer account specified by privatization authority in the information message, the paid guarantee fee of the winner of electronic auction less such difference of means, and returns difference during the same term to the winner.";

Item 111 to add 9) with the paragraph of the following content:

"Return of the paid registration fees to participants in the cases provided by Items 62 and 92 of this Procedure is performed by the operator of an electronic trading platform within three working days from the date of, the assignment following behind day to electronic auction of the status "The auction is cancelled".";

Items 114 - 117 to state 10) in the following edition:

"114. The maximum amount of payment for participation in electronic auction is determined at the percentage of the price sales of subject to privatization including tax on value added and constitutes:

in case the selling price of subject to privatization constitutes more than 64000 thousand hryvnias, - to 1 percent;

in case the selling price of subject to privatization constitutes from 4000 thousand to 64000 thousand hryvnias, - to percent 2,5;

in case the selling price of subject to privatization constitutes up to 4000 thousand hryvnias, - to 4 percent.

115. The payment for participation in electronic auction is brought by the winner of electronic auction until the conclusion of the purchase and sale agreement of subject to privatization.

116. In case of cancellation of electronic auction, recognition cancelled, until promulgation of the order on completion of privatization or in cases, the stipulated in Item 67 or 96 presents About, the operator of an electronic trading platform through which the winner of electronic auction provides the best price offer / acquires the participation right in electronic auction, the payment for participation in electronic auction brought by such winner returns.

117. The payment for participation in electronic auction is subject to return within 10 working days from the date of the publication in electronic trading system of the decision of privatization authority on cancellation of electronic auction, recognition its cancelled or loadings of the decision on refusal of the conclusion of the purchase and sale agreement, the relevant act in electronic trading system according to the procedure, the stipulated in Item 67 or 96 presents About.".

2. According to the procedure of selection of operators of electronic platforms for the organization of holding electronic auctions selling subjects to small privatization, authorization of electronic platforms, No. 433 approved by the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 (The Official Bulletin of Ukraine, 2018, No. 47, the Art. 1642):

Item 4 to add 1) with paragraphs of the following content:

"have the instructions developed and posted on the website of the operator for users of electronic platform;

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