ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 10, 2007 No. 505

About procedure for acceptance by federal executive bodies of decisions on consent on the conclusion of transactions on investment attraction concerning the real estate units which are in federal property

The government of the Russian Federation decides:

1. Approve the enclosed Regulations on acceptance by federal executive bodies of decisions on consent on the conclusion of transactions on investment attraction concerning the real estate units which are in federal property.

2. To the Ministry of economic development and trade of the Russian Federation in 3-month time to approve:

standard forms of investment agreements concerning the real estate units which are in federal property;

standard task for evaluating market value of the right of the conclusion of investment agreements concerning the real estate units which are in federal property;

procedure for carrying out and condition of tender on selection of the organizer of the biddings on investment attraction concerning the real estate units which are in federal property;

procedure for the organization and holding auctions on the right of the conclusion of investment agreements concerning the real estate units which are in federal property;

report form of Federal agency on management of federal property about the conclusion and execution of investment agreements concerning the real estate units which are in federal property.

3. To federal agency on management of federal property quarterly, to the 15th following the accounting period to represent to the Ministry of Economic Development and Trade of the Russian Federation the report on the conclusion and execution of investment agreements concerning the real estate units which are in federal property in the form established by the Ministry of Economic Development and Trade of the Russian Federation.

4. To the Ministry of economic development and trade of the Russian Federation quarterly, to the 25th following the accounting period to provide in the Government of the Russian Federation information on the conclusion and execution of investment agreements which conclusion is approved by Federal agency on management of federal property based on decisions of the Government of the Russian Federation.

Approved by the Order of the Government of the Russian Federation of August 10, 2007 No. 505

Regulations on acceptance by federal executive bodies of decisions on consent on the conclusion of transactions on investment attraction concerning the real estate units which are in federal property

I. General provisions

1. This Provision regulates procedure for acceptance by federal executive bodies of decisions on consent on the conclusion of transactions on investment attraction concerning the real estate units which are in federal property and assigned on the right of economic maintaining or operational management to the public institutions and the unitary enterprises subordinated to federal executive bodies and also concerning the parcels of land which except for are subject to state registration of air and ocean ships, inland navigation vessels, space objects, the companies as property complexes provided to these organizations and which are in federal property of the real estate units located outside the territory of the Russian Federation (further - real estate) if other procedure is not established by the Federal Law, the act of the President of the Russian Federation, act of the Government of the Russian Federation.

2. The concepts used in this Provision mean the following:

"the investment agreement" - the agreement establishing the rights and obligations of persons in connection with implementation by them of activities for investment of extrabudgetary funds for construction, reconstruction, restoration of real estate irrespective of the name of the agreement (the investment agreement, the investment agreement, the agreement (contract) for implementation of the investment project, the agreement of participation in shared-equity construction, the agreement of particular partnership (cooperation agreement), the construction agreement, reconstruction, restoration of the real estate unit, etc.);

"the initiator of the project" - federal state institution or the federal state unitary enterprise for which needs real estate is under construction, reconstructed, restored;

"the investor of the project" - the physical person or legal entity which won at auction, signed the investment agreement and providing financing (joint financing) of the investment project at the expense of own means, attraction of financial resources of co-investors or borrowed funds.

3. Coordination of the conclusion of the investment agreement is performed by Federal agency on management of federal property according to the procedure, provided by this Provision.

4. Coordination of the conclusion of the investment agreement is performed by Federal agency on management of federal property based on decisions of the Government of the Russian Federation if:

the real estate value determined according to the legislation on estimative activities exceeds 150 million rubles;

the real estate value determined according to the legislation on estimative activities and total amount of the capital investments necessary for implementation of the investment project, 500 million rubles in total exceed.

5. The draft decision of the Government of the Russian Federation is introduced to the Government of the Russian Federation by the Ministry of Economic Development and Trade of the Russian Federation.

6. The investment agreement is signed based on results of the auction held according to the procedure for the organization and holding auctions approved by the Ministry of Economic Development and Trade of the Russian Federation on the right of the conclusion of investment agreements concerning the real estate units which are in federal property.

II. Procedure for decision making about coordination of the draft of the investment agreement

7. The initiator of the project sends to federal executive body under which authority it is (further - industry federal executive body), the request for the conclusion of the investment agreement and the following documents (the copy of documents):

1) copies of the documents confirming powers of the head of the initiator of the project (the order on appointment, the employment contract);

2) copy of the certificate on entering of record about state registration of the initiator of the project into the Unified State Register of Legal Entities;

3) copies of constituent documents of the initiator of the project;

4) the copy of the certificate on statement of the initiator of the project on accounting in tax authority;

5) the copy of annual accounting records on the last reporting date;

6) the statement from the register of federal property about the real estate unit;

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