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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 29, 2025 No. 1369

About approval of the Procedure for creation of joint-stock companies and limited liability companies in the course of privatization of single property complexes of the state companies

According to part three of article 17 of the Law of Ukraine "About privatization of the state-owned and municipal property" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for creation of joint-stock companies and limited liability companies in the course of privatization of single property complexes of the state companies which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of July 11, 2018 No. 552 "About approval of the Procedure for formation of joint-stock companies in the course of privatization and transformation of the state companies, implementation of share issue of such societies" (The Official Bulletin of Ukraine, 2018, No. 58, the Art. 2022);

Item of 197 changes made to resolutions of the Cabinet of Ministers of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of November 6, 2019 No. 916 (The Official Bulletin of Ukraine, 2019, No. 90, the Art. 3000).

3. Determine that inventory count of the property which is in the territories of active fighting, the territories of active fighting in which the state electronic information resources function or the territories of Ukraine which are temporarily occupied by the Russian Federation for which date of completion of fighting or temporary occupation is not determined according to the list of the territories approved by the Ministry of development of communities and territories in which are conducted fighting or the territories which are temporarily occupied by the Russian Federation (was conducted), it is not carried out in case of decision making about transformation of the state companies to economic societies, forming of data on property, including lists and summary inventory reports, evaluating complete (single) property complex and forming of the authorized capital of economic society. The specified property (assets, equity and obligations) of such companies, their branches, representations and other separate divisions does not join in lists and summary inventory reports of property, is reflected (except obligations) in balance and is transferred to economic society on the right of usufruct of state-owned property before carrying out its inventory count and assessment.

4. To state bodies of privatization when carrying out inventory count and assessment of property of the companies, their branches, representations and other separate divisions specified in Item 3 of this resolution:

provide forming of separate acts of accounting of assets, equity and obligations of such companies, their branches, representations and other separate divisions according to the financial reporting on asset types, equity and obligations by balance sheet items for the last date for which the financial reporting moved;

provide forming of separate acts of accounting of assets which are placed in the territories specified in Item 3 of this resolution and are considered on balance of the companies, their branches, representations and other separate divisions located in other territory of Ukraine;

from 1 date following after month in which date of completion of fighting or temporary occupation in the corresponding territory is determined by results of carrying out inventory count and assessment of property to take measures to acceptance of management decisions concerning such property according to the legislation.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 29, 2025, No. 1369

Procedure for creation of joint-stock companies and limited liability companies in the course of privatization of single property complexes of the state companies

1. This Procedure determines the procedure of creation of joint-stock companies and limited liability companies (further - economic societies) by transformation of the state companies which single property complexes are subjects to privatization.

Creation of joint-stock companies and limited liability companies by local government bodies in the course of privatization of the municipal companies can be regulated by this Procedure.

2. Founder of the economic society created in the course of privatization of single property complex of the state company is the state on behalf of state body of privatization which is effective within powers, stipulated by the legislation.

3. Decisions on transformation of the state companies to economic societies in the course of privatization are made by state bodies of privatization after inclusion of the state companies in lists of objects, privatizeable, and based on the decisions made by state bodies of privatization on their privatization.

Transformation of the state companies having strategic importance for economy and safety of the state to economic societies in the course of privatization is performed in coordination with the Cabinet of Ministers of Ukraine.

The draft of the order of the Cabinet of Ministers of Ukraine about coordination of transformation of the state company having strategic importance for economy and safety of the state in economic society in the course of privatization prepares and submitted for consideration of the Cabinet of Ministers of Ukraine by Fund of state-owned property in the procedure established by the legislation.

4. In case of creation of joint-stock companies by transformation of the state companies according to this Procedure issue of common nominal shares is performed.

5. Transformation of the state companies into economic societies provides:

1) acceptance by state body of privatization of the decision on transformation of the state company and formation of the commission on transformation;

2) evaluating property of the state company according to the Technique of assessment of property approved by the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003 No. 1891 (The Official Bulletin of Ukraine, 2003, No. 51, Art. 2669; 2019, No. 24, the Art. 846), for the purpose of determination of the size of the authorized capital of economic society;

3) carrying out reviewing of the valuation report of property (appraisal report) according to article 13 of the Law of Ukraine "About assessment of property, property rights and professional estimative activity in Ukraine" and national standards of assessment;

4) preparation by the commission on transformation of the appraisal report of property, the property deed in the authorized capital of economic society in the form established by Fund of state-owned property, and draft of the charter of economic society;

5) approval of privatization of the appraisal report of property by state body;

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