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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 15, 2007 No. 872

About creation and regulation of activities of the federal state companies

(as amended on 24-11-2020)

According to the Federal Law "About State and Municipal Unitary Enterprises" Government of the Russian Federation decides:

1. Approve the enclosed Rules of creation and regulation of activities of the federal state companies.

2. To the Ministry of Industry and Energy of the Russian Federation and federal executive bodies to which functions on development of state policy in spheres of economy in which the federal state companies perform activities are assigned to adopt the acts necessary for implementation of this resolution in a month.

3. Provide to federal executive bodies in 2-month time reduction of charters of the federal state companies which are under their authority in compliance with the Federal Law "About State and Municipal Unitary Enterprises" and this resolution.

4. Add the subitem "d" of Item 1 of the order of the Government of the Russian Federation of December 3, 2004 with N739 "About Powers of Federal Executive Bodies on Implementation of the Rights of the Owner of Property of the Federal State Unitary Enterprise" (The Russian Federation Code, 2004, N 50, Art. 5074; 2006, N 13, Art. 1408) words ", and also approval of the profit and loss budget of the federal state company".

5. Recognize invalid:

the order of the Government of the Russian Federation of August 12, 1994 N908 "About Approval of the Standard Charter of the State Plant (State Factory, the State Economy) Created based on the Liquidated Federal State Company" (The Russian Federation Code, 1994, N 17, the Art. 1982);

the order of the Government of the Russian Federation of October 6, 1994 N1138 "About the Procedure for Planning and Financing of Activities of the State Plants (State Factories, State Farms)" (The Russian Federation Code, 1994, N 28, the Art. 2989).

Russian Prime Minister

V. Zubkov

Approved by the Order of the Government of the Russian Federation of December 15, 2007 No. 872

Rules of creation and regulation of activities of the federal state companies

1. These rules establish features of creation and regulation of activities of the federal state companies (further the company).

2. The company can be created by organization, reorganization of the existing unitary enterprise in the form of separation, allocation or merge, and also by change of type of the unitary enterprise founded on the right of economic maintaining (further - the unitary enterprise).

3. For the purpose of creation of the company the federal executive body under which authority the company (daleeupolnomochenny body) will be provides preparation of the following documents:

a) the feasibility statement on creation of the company including the financial and economic analysis of condition of the unitary enterprise with indication of structure creditor and receivables, conditions and the reasons of its origin (except cases of creation of the companies based on the property relating to objects for destruction of chemical weapon), the forecast of amount of products (works, services) made by request of the state for ensuring federal state needs with reasons for need of production of separate types of products (works, services) within independent economic activity, the forecast of the income and expenses of the company for the next year and planning period, and also offers on organizational and regular structure of the company;

b) draft of the charter of the company;

c) the draft of the program of activities of the company for the next year and planning period (further - the program of activities);

d) the draft of the profit and loss budget of the company for the next year and planning period in which the income and expenses connected with accomplishment of orders for deliveries of goods (works, services) for federal state needs are selected (further - the profit and loss budget);

e) the draft of the list of property which is subject to fixing to the company on the right of operational management for production by request of the state of products (works, services) according to the charter of the company;

e) the valuation report of property which is subject to fixing to the company on the right of operational management, containing data on market value of property (except as specified creations of the company by reorganization or change of type of the unitary enterprise, and also cases of creation of the company specified in Item 3.1 of these rules).

3.1. The authorized body which is authorized (national) body of the Russian Federation on accomplishment of the Convention on prohibition of development, production, accumulating and use of chemical weapon and about its destruction and performing functions on management of state-owned property in the sphere of chemical disarmament in case of creation in its maintaining by organization of the company based on the property relating to objects for destruction of chemical weapon performs preparation of the draft of the list of the real estate which is subject to fixing to the company on the right of operational management for production by request of the state of products (works, services) according to the charter of the company. The property created (acquired) in the process of construction of the corresponding object for destruction of chemical weapon necessary for implementation of the activities provided by the charter of the company is included in the specified list. The property value, subject to fixing to the company, is determined based on data on the objects of accounting containing in the register of federal property and established the equal original cost of such property created during its creation (acquisition) and including all costs for its creation (acquisition).

4. In case of creation of the company by reorganization or change of type of the unitary enterprise the authorized body in addition to the documents specified in Item 3 of these rules also provides preparation of the following documents:

a) notarized copies of constituent documents of the unitary enterprise;

b) copies of accounting records of the unitary enterprise as of the last reporting date and annual accounting records in 3 prior years with mark of tax authority;

c) the reference of tax authority in the place of tax accounting about condition of calculations of the unitary enterprise for taxes, charges and fees on the last reporting date;

d) the draft of the separation balance sheet or the transfer act (in case of creation of the company by reorganization of the unitary enterprise);

e) the list of the property assigned to the unitary enterprise, certified by territorial authority of the federal executive body performing functions on management of federal property.

5. Drafts of acts of the Government of the Russian Federation of creation of the companies with appendix of 3.1 and 4 these rules of documents specified in respectively in Items 3, are introduced by authorized body in accordance with the established procedure in the Government of the Russian Federation.

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