ORDER OF THE MINISTRY OF INDUSTRIAL POLICY OF UKRAINE

of March 17, 2008 No. 153

About approval of the Regulations on procedure for coordination by the Ministry of industrial policy of Ukraine for plans of sanitation of the companies relating to the sphere of its management

1. Approve Regulations on procedure for coordination by the Ministry of industrial policy of Ukraine for plans of sanitation of the companies relating to the sphere of its management which is applied.

2. To heads of the companies relating to the sphere of management of the Ministry of industrial policy of Ukraine steadily to adhere to the approved Provision in case of its practical application.

3. To the head of department of legal providing Vernidubov S. I. provide in accordance with the established procedure state registration of this provision.

4. Declare invalid the order of the Ministry of industrial policy of Ukraine of September 10, 2004 N 446 "About approval of the Regulations on procedure for coordination by the Ministry of industrial policy of Ukraine for plans of sanitation of the companies relating to the sphere of its management", registered in the Ministry of Justice of Ukraine of September 20, 2004 for N 1187/9786.

5. To impose control of execution of this order on the deputy minister of Padalko V. G.

Approved by the Order of the Ministry of industrial policy of Ukraine of March 17, 2008 No. 153

Regulations on procedure for coordination by the Ministry of industrial policy of Ukraine for plans of sanitation of the companies relating to the sphere of its management

I. General provisions

1.1. This Provision regulates reconciliation procedure of industrial policy of Ukraine by the Ministry (further - Minprompolitiki) plans of sanitation of debtors: the state companies, the organizations, organizations in which the share of state-owned property exceeds 25% and treat the sphere of its management.

1.2. Reconciliation procedure of plans of sanitation is performed for the purpose of protection of interests of the state according to the current legislation of Ukraine, namely:

- The law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt";

- The law of Ukraine "About procedure for repayment of obligations of taxpayers to budgets and the state trust funds";

- The law of Ukraine "About management of objects of state-owned property". II. Procedure for provision in the Ministry of industrial policy of Ukraine of plans of judicial sanitation

2.1. The plan of sanitation of the debtor is provided in Minprompolitiki according to the procedure established by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt".

2.2. The managing director of sanitation for review of the plan of sanitation of the debtor files in Minprompolitiki the corresponding written application within three months from the date of removal of determination about sanitation.

2.3. For the purpose of improvement of quality of plan development of sanitation and acceleration of its coordination the managing director of sanitation beforehand approves the concept of the plan of sanitation in the relevant industry structural division of Minprompolitiki, Management of legal providing and in Management of reforming of property.

2.4. The plan of sanitation which moves in Minprompolitiki for review shall be previously approved by creditor committee and is without fail approved by the investor (in case of the investor's availability) and signed by the managing director of sanitation.

2.5. The plan of sanitation moves the managing director of sanitation in office Minprompolitiki in the original and 3 copies in Ukrainian, stitched and numbered for its registration.

2.6. The following documents are attached to the plan of sanitation:

a) the copy of the certificate on state registration of the debtor certified in accordance with the established procedure;

b) the copies of constituent documents of the debtor certified in accordance with the established procedure;

c) the copy of determination of economic court about initiation of proceeedings about bankruptcy;

d) the copy of determination of economic court about approval of the register of requirements of creditors;

?) the copy of determination of economic court about carrying out sanitation of the debtor and appointment of the managing director of sanitation;

e) the copy of the license of the arbitration manager certified in accordance with the established procedure;

e) the protocol of creditor meeting on formation of creditor committee with determination of its quantitative structure and powers;

є) the minutes of creditor committee about approval of candidate for the managing director of sanitation, the choice of the investor (investors), the minutes of creditor committee about approval of the plan of sanitation of the debtor by creditor committee (in case of availability);

g) the report on independent assessment of property of the debtor which is implemented in the course of sanitation;

h) document package of tax, financial and statistical statements in three last years of work of the debtor and for the last accounting period signed by the debtor's head, and in case of its absence - the managing director of sanitation and the chief accountant, audit opinion for the last accounting period;

i) the conclusion of the corresponding industry structural subsection of Minprompolitiki and/or production association which structure the debtor, concerning feasibility of its sanitation or liquidation treats;

?) draft agreements of the translation of debt, the voluntary settlement and others if such are provided by the plan of sanitation;

ї) information concerning the investor which shall contain:

- copies of constituent documents;

- copy of the certificate on state registration of the subject of business activity;

- copy of the certificate of entering into the Unified state register of the companies and organizations of Ukraine;

- the reference issued by State department concerning bankruptcy under the Ministry of Economics of Ukraine (which registration date does not exceed 10-day term from the date of its issue), to which is confirmed the fact that against the investor proceedings on bankruptcy are not initiated;

- copy of the annual financial report;

- certificate of the directions of works of the investor.

III. Procedure for coordination by the Ministry of industrial policy of Ukraine for plans of sanitation

3.1. The plan of sanitation moves for consideration and coordination in Management of legal providing.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info