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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 24, 2021 No. 341

About creation of Kyrgyzindustriya open joint stock company and modification of some decisions of the Government of the Kyrgyz Republic and the Cabinet of Ministers of the Kyrgyz Republic

(as amended on 23-04-2024)

For the purpose of ensuring upgrade of the industry and effective management of economic societies with the state share, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Create Kyrgyzindustriya open joint stock company (further - JSC Kyrgyzindustriya) according to the procedure, established by the legislation of the Kyrgyz Republic, with absolute participation of the state in its authorized capital in the amount of 1000000000,0 (one billion) som, by release and payment of 1000000,0 (one million) pieces of common nominal shares, nominal value of one share 1000,0 (one thousand) som.

2. Approve:

1) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 27.02.2024 No. 84

2) the List of economic societies which state blocks of shares (shares) in the authorized capital are delivered in trust management of JSC Kyrgyzindustriya, according to appendix 2;

3) the List of the state companies (branches) - property complexes which are delivered in trust management of JSC Kyrgyzindustriya, according to appendix 3.

3. Determine that:

1) the Cabinet of Ministers of the Kyrgyz Republic is founder and the single shareholder of JSC Kyrgyzindustriya;

2) powers of the shareholder (participant) in the economic societies specified in the List according to appendix 2, are performed by the Cabinet of Ministers of the Kyrgyz Republic;

3) for validity of the trust management concluded according to item 4 of this resolution, powers are delegated to JSC Kyrgyzindustriya:

- the shareholder (participant) in the economic societies specified in the List according to appendix 2, except for of questions of alienation and transfer to pledge;

- the state managing body and authorized body in the sphere of management of state-owned property concerning the state companies (branch) as the property complexes specified in the List according to appendix 3.

4. To the state agency on management of state-owned property under the Cabinet of Ministers of the Kyrgyz Republic:

1) together with Administration of the President of the Kyrgyz Republic to handle issue of placement of JSC Kyrgyzindustriya on terms of the contract of free use, with payment of municipal and operating costs;

2) to transfer the state blocks of shares (shares) in the authorized capital of economic societies and the state companies (branches) as property complexes to trust management of JSC Kyrgyzindustriya according to lists according to appendices 2 and 3 and to sign the relevant contracts with JSC Kyrgyzindustriya;

2-1) to perform functions on realization of powers of the Cabinet of Ministers of the Kyrgyz Republic on performance as the shareholder (participant) in JSC Kyrgyzindustriya;

2-2) to approve the charter of JSC Kyrgyzindustriya;

2-3) to take measures by training in JSC Kyrgyzindustriya of the board of directors in accordance with the established procedure;

3) to take the necessary measures following from this resolution.

5. To the Ministry of Finance of the Kyrgyz Republic in accordance with the established procedure:

1) to find and allocate money in the amount of 1000000000,0 (one billion) som for forming of the authorized capital of JSC Kyrgyzindustriya;

2) by preparation of the Law of the Kyrgyz Republic "About the republican budget of the Kyrgyz Republic for 2022 and the forecast for 2023-2024" to consider the means specified in the subitem of 1 this Item.

5-1. JSC Kyrgyzindustriya at the expense of own means to carry out independent assessment in accordance with the established procedure for determination of market value of the state blocks of shares (shares) of economic societies and property complexes of the state companies for lists according to appendices 2, 3 presents of the resolution.

6. Bring in the order of the Government of the Kyrgyz Republic "About streamlining of activities of the state companies" of September 11, 2019 No. 468 the following change:

to add appendix 1 to the Regulations on the state companies approved by the above-stated resolution with Item 5 of the following content:

"5. The state companies (branches) delivered in trust management to Kyrgyzindustriya open joint stock company for validity of trust management.".

7. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 04.09.2023 No. 445

8. Bring in the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About the questions regulating procedure for provision of state-owned property in lease, economic maintaining, operational management, free temporary use" of September 24, 2021 No. 183 the following change:

- add with Item 4-1 of the following content:

"4-1. Operation of this resolution does not extend to leasing, transfer of the state-owned property to operational management and economic maintaining assigned to the state companies (branches) delivered in trust management to Kyrgyzindustriya open joint stock company for validity of trust management. The specified state companies (branches) have the right independently without coordination with authorized state body in the sphere of development of policy of management of state-owned property, authorized state body in the sphere of state-owned property and lease to determine procedure and conditions of use of the state-owned property assigned to them to perform leasing, transfer of state-owned property to operational management and economic maintaining.".

9. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

10. This resolution becomes effective from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 24, 2021 No. 341

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