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LAW OF UKRAINE

of April 11, 2023 No. 3037-IX

About features of the termination of the state companies for the decision of Fund of state-owned property of Ukraine

This Law establishes procedure and features of the termination of the state companies for the solution of subject of management on the basis of the principles of legality, openness and transparency.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in the following value:

1) the managing director of the termination - the physical person appointed the subject of management for implementation of the procedure of the termination by reorganization or liquidation of object of the termination solely without creation of the commission on the termination;

2) object of the termination - the state unitary enterprise (further - the state company) on which the subject of management makes the decision on the termination;

3) the schedule of the procedure of the termination (further - the schedule) - the document developed by the managing termination, containing measures for the termination of the company, terms of their accomplishment, and also other data determined by the legislation;

4) subject of management - Fund of state-owned property of Ukraine.

2. Other terms in this Law are used in the values given in the Civil code of Ukraine, the Economic code of Ukraine, the Law of Ukraine "About management of objects of state-owned property", other legal acts of Ukraine.

Article 2. The legislation regulating procedure of the termination for the solution of subject of management

1. The procedure of the termination for the solution of subject of management is regulated by this Law, the Civil code of Ukraine, the Economic code of Ukraine, the Law of Ukraine "About state registration of legal entities, physical persons - entrepreneurs and public forming" and other laws.

2. The termination according to the solution of subject of management of the state companies which property was sold in the procedure of privatization as single property complex is performed taking into account features, the stipulated in Clause 23 presents of the Law.

3. Operation of this Law does not extend to the state companies, features of management of which are established by the separate laws.

4. Legal and other regulatory legal acts are applied in the part which is not contradicting this Law.

Article 3. Termination types

1. Object of the termination stops owing to reorganization (merge, accession, separation, transformation) or liquidations.

Article 4. Powers of the subject of management

1. The subject of management has the right:

1) to make the decision on the termination of objects of the termination;

2) to cancel the made decisions on the termination of objects of the termination;

3) to make the decision on prolongation of term of holding procedure of the termination;

4) to perform selection, to appoint and stop powers of the managing director of the termination;

5) to exercise control of activities of managing directors of the termination;

6) to establish additional measures which will be integral part of the scheduled plan and are obligatory for termination implementation;

7) to perform compensation for expenses of the managing director of the termination, connected with implementation of the procedure of the termination;

8) to claim:

a) the schedule and changes to it;

b) the interim liquidation balance sheet (in case of liquidation of object of the termination);

c) the transfer act (in case of reorganization of object of the termination by merge, accession or transformation);

d) distribution balance (in case of reorganization of object of the termination by separation);

") proposals of the managing director of the termination on the further course and completion of the procedure of the termination;

e) the liquidation balance sheet (in case of liquidation of object of the termination);

e) expense budget of the managing director of the termination, connected with implementation of the procedure of the termination;

ё) procedure for selection, appointment and termination of powers of the managing director of the termination;

g) standard form of the scheduled plan;

9) to approve sales terms of property of object of the termination;

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