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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 16, 2022 No. 125

About creation of Fund of partial guaranteeing the credits in agricultural industry

According to part two of article 1 of the Law of Ukraine "About Fund of partial guaranteeing the credits in agricultural industry" the Cabinet of Ministers of Ukraine decides:

1. Create Fund of partial guaranteeing the credits in agricultural industry (further - Fund) which hundred percent of the authorized capital belong to the state which powers on management of corporate laws of the state in the authorized capital are performed by the Ministry of Agricultural Policy and Food.

2. Approve the Fund charter of partial guaranteeing the credits in agricultural industry which is attached.

3. Take into consideration that the Fund is placed in the Ministry of Agricultural Policy and Food on Ulitsa Kreshchatik, 24, of Kiev on the terms of compensation to the asset holder of the actual expenses connected with its content.

4. To the Ministry of Agricultural Policy and Food:

perform forming of the authorized capital of Fund at the expense of the means provided in the Government budget of Ukraine for 2022;

before election and appointment in accordance with the established procedure of the chairman of the board of Fund to appoint the acting as the chairman of the board of Fund.

5. To the acting as the chairman of the board of Fund to perform in accordance with the established procedure actions for state registration of Fund.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 16, 2022 , No. 125

The fund charter of partial guaranteeing the credits in agricultural industry

General provisions

1. The fund of partial guaranteeing the credits in agricultural industry (further - Fund) is non-bank financial institution with special status which is created in form of business of limited liability company.

2. Founder of Fund is the state on behalf of the Cabinet of Ministers of Ukraine.

3. Name Fonda:

in Ukrainian: complete - the "Fund of Partial Guaranteeing the Credits in Agricultural Industry" limited liability company reduced - FChGKSH LLC;

in English: complete - Limited Liability Company "Partial Credit Guarantee Fund in Agriculture" reduced - "PCGF LLC".

4. Location Fonda: 01001, Kiev, Ulitsa Kreshchatik, 24.

Purpose and object of activity of Fund

5. Main objective of activities of Fund is ensuring support of subjects of microentrepreneurship, the small and average subjects of entrepreneurship performing activities in agricultural industry by partial guaranteeing obligation fulfillment of such subjects according to credit agreements.

6. The single object of activity of Fund is provision of partial guarantees according to credit obligations of the subjects of small and medium business performing activities in the field of agricultural industry.

Legal position Fonda

7. The fund acquires the rights of the legal entity from the date of its state registration in the procedure established by the legislation.

8. The relations arising in connection with functioning of Fund are regulated by the Constitution of Ukraine, the Civil code of Ukraine, the Economic code of Ukraine, the Law of Ukraine "About financial services and state regulation of the markets of financial services", other laws and regulatory legal acts concerning regulation of non-bank financial services taking into account the features determined by the Law of Ukraine "About Fund of partial guaranteeing the credits in agricultural industry" and also this Charter.

9. The fund has the isolated property, separate balance, accounts in banks, seal, stamps and forms with the name, keeps financial accounting and constitutes the financial reporting according to the legislation.

10. The fund does not bear responsibility according to obligations of the state, and the state does not bear responsibility according to obligations of Fund.

11. The fund has the right in the procedure established by the legislation to sign contracts, to acquire the property and personal non-property rights, to be claimant and the defendant in courts of Ukraine and other states.

12. The fund does not belong to the category of the state trust funds, acquires the status of financial institution and the right to perform activities for provision of financial services after inclusion it in the State register of financial institutions which maintaining performs National Bank, and receipts of the license according to the procedure, established by the law and regulatory legal acts of National Bank.

13. The fund performs foreign economic activity according to the legislation, the purposes and object of activity determined by this Charter.

Property Fonda

14. The property of Fund is constituted by fixed assets and current assets, other assets which cost is reflected in the financial reporting of Fund.

15. The fund has no right to donate the property belonging to it to other legal entities or physical persons, except the cases provided by the law.

16. Sources of forming of property of Fund are:

1) the means transferred to the authorized capital of Fund;

2) income from financial and economic activities;

3) the means received from the third parties on returnable and/or irretrievable basis including the credits and grants, including means of international financial institutions and the international technical assistance;

4) budgetary funds in case of prediscretion their law on the Government budget of Ukraine for the corresponding year;

5) domestic government bonds;

6) other sources which are not forbidden by the legislation.

Authorized capital Fonda

17. The authorized capital of Fund is created at the expense of means of the government budget, and also of other sources which are not forbidden by the law.

18. The size of the authorized capital of Fund constitutes 200000000 hryvnias (two hundred million hryvnias). The share of the state in the authorized capital of Fund on registration date constitutes 100 percent.

19. The size of the authorized capital of Fund can be changed only according to the decision of general meeting of members of Fund (further - general meeting).

20. The minimum share of the state in the authorized capital of Fund constitutes 51 percent.

21. The minimum share of the state in the authorized capital of Fund is not subject to concession, privatization, sale and alienation by any other method.

22. Increase in the authorized capital of Fund it can be performed by entering into the authorized capital of Fund of domestic government bonds.

23. The authorized capital of Fund can be increased by payment of fees by members of Fund or payment of fees by international financial institutions or other legal entities who intend to become members of Fund.

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