of July 17, 2001 No. 533
About approval of Rules of carrying out investment tender
For the purpose of ensuring execution of the Law of the Azerbaijan Republic "About privatization of state-owned property" I decide:
1. Approve "Rules of carrying out investment tender" (are applied).
2. "About the additional measures connected with execution of the Law of the Azerbaijan Republic "About privatization of state-owned property" of December 23, 2000 No. 432 after the 9th paragraph to add Item XII of the Presidential decree of the Azerbaijan Republic with new paragraphs of the following content:
* "The presidential decree of the Azerbaijan Republic "About approval of the provision "About Investment Tender" of September 28, 1998 No. 771;
* The presidential decree of the Azerbaijan Republic "About provision of permission to transfer to partnerships of incomplete structures" of December 26, 1992 No. 382;
* The order of the President of the Azerbaijan Republic "About buildings for social, cultural and household purposes of the privatized state companies (associations) and the liquidated ministries, state-owned companies and concerns" of February 25, 1999 No. 100".
President of the Azerbaijan Republic
to the Presidential decree of the Azerbaijan Republic of July 17, 2001 No. 533
1.1. These rules are developed according to the Law of the Azerbaijan Republic "About privatization of state-owned property" and "the II State program of privatization of state-owned property in the Azerbaijan Republic" (further - the State program) and establish rules of sale of state-owned property in the course of privatization by means of investment tender.
1.2. Decisions on privatization of state-owned property on the basis of investment tender are made according to Sections 2.2 and 2.3 of the State program. At the same time the conditions of investment tender covering economic, social and environmental issues are also established by these bodies.
1.3. Privatization by means of investment tender is method of sale when from the buyer the investment of investments and accomplishment of other conditions concerning state-owned property is required according to investing program.
1.4. On investment tender any part of the block of shares of the privatized company is taken out under condition 25, suffice % of it. The ratio (distribution) of sale of other part of shares of the company is performed according to Item 4.5.4. State program.
1.5. Competition is held on participants - openly, and on introduction of offers - is closed (that is investment proposals of applicants are represented in sealed envelopes).
1.6. According to the legislation buyers can take part in tender directly or through the representatives. Powers of the representative of the buyer according to the legislation shall be approved by the buyer.
1.7. As criteria of election of the winner of tender are considered according to Item 4.5.1 of the State program the maximum volume of investment within conditions of investing program and their effective investment.
1.8. The winner of investment tender in the terms established by the State committee on questions of property (GKVI) from signature date of the sale and purchase agreement, shall provide transfer to the settlement account of the company in the form of money to 5 (five) percent of total amount of investment amount (the amount and the direction of use of this money shall find the reflection in the provided investing program).
2.1. For carrying out tender GKVI performs the following according to the legislation of the Azerbaijan Republic and these rules:
* will organize the commission on carrying out tender (further - the commission) and determines its structure;
* provides in accordance with the established procedure preparation and the publication of information on carrying out tender;
* accepts the bid and documents specified in Item 4.2 of these rules at applicants records in the magazine requests them registration with indication of number and date of submission (day, month, hour) of each request;
* checks correctness of creation of the documents submitted by applicants;
* upon completion of the term of order taking represents the commissions the documents which arrived from applicants of the request and attached to them;
* approves the protocol of the commission on results of tender;
* publishes information on tender results;
* signs the purchase and sale agreement with the winner of tender (buyer);
* exercises control of observance by the winner of tender (buyer) of conditions of tender;
* provides transition to the winner of tender (buyer) of the property right to property (object or the block of shares) in the procedure established by the legislation.
2.2. According to the made decision on carrying out investment tender the commission develops tender conditions. At the same time before applicants the following conditions can be set:
* representation of the appropriate investing program for the purpose of technical reconstruction of the company;
* implementation of the measures connected with environmental protection;
* introduction of restrictions for change of profile of activities of the company (as necessary);
* introduction of restrictions for reducing workers or creation of additional workplaces;
* payment (one-time) means in the government budget;
* complete or partial repayment of debts of the company for the salary or the payments equated to it;
* other conditions.
2.3. Information on carrying out tender shall be published in mass media or special editions not later than 30 (thirty) days about day of carrying out tender.
2.4. In information on carrying out tender the following is specified:
* the full official name, legal address, type of activity of the company (object) I will also eat around (cost) of its authorized capital;
* the parcel of land where the joint-stock company which shares are submitted for tender is placed, and the characteristic of the structures located on it, and also otyagoshchennost their obligations (if it is available);
* equity (shares, parts) joint-stock company in other companies;
* intangible assets (patent, trademark and so forth);
* the main product range, issued by joint-stock company;
* number of workers;
* ecological condition of joint-stock company;
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