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Registered by

in the Ministry of Justice of Ukraine

August 1, 2008.

No. 718/15409

ORDER OF THE MINISTRY OF INDUSTRIAL POLICY OF UKRAINE

of July 18, 2008 No. 460

About approval of the Regulations on restructuring of the companies

According to the Law of Ukraine "About management of objects of state-owned property", the Regulations on the Ministry of industrial policy of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 02.11.2006 of N 1538, for the purpose of increase in effective management of public sector of the industry and enhancement of process of restructuring and pre-judicial sanitation of the companies relating to the sphere of management of the Ministry of industrial policy of Ukraine, PRIKAZYVAYU:

1. Approve Regulations on restructuring of the companies it (is applied).

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

3. O. I. Trojan to provide to the head of department of reforming of property in accordance with the established procedure state registration of this provision in the Ministry of Justice of Ukraine.

4. Repeal the order of the Ministry of industrial policy of Ukraine of June 27, 2007 N 353 "About approval of the Standard restructuring plan and pre-judicial sanitation of the companies and regulations on procedure for restructuring of the companies".

5. To impose control over the implementation of this order on the First Deputy Minister of Ungracious V. O.

 

Acting Minister V.O.Nemilostivy

Approved by the Order of the Ministry of industrial policy of Ukraine of July 18, 2008 No. 460

Regulations on restructuring of the companies

1. General provisions

1.1. This Provision is developed according to requirements of the Economic code of Ukraine and the Law of Ukraine "About management of objects of state-owned property (further - the Law).

This provision establishes procedure for carrying out restructuring of the state companies subordinated to the Ministry of industrial policy of Ukraine (further - the state company), and the economic organizations in which authorized capitals corporate laws of the state exceed 50 percent (further - the economic organizations) and functions on which management of corporate laws belong to the Ministry of industrial policy of Ukraine.

The decision on restructuring of the state company affirms Minprompolitiki's order.

According to this Provision restructuring is implementation of complex of the organizational and economic, financial and economic, legal, technical actions directed to increase of amounts of release of competitive products and increase in production efficiency.

Restructuring is performed with observance of requirements of regulatory legal acts which are acting at the time of its carrying out, and also taking into account Methodical instructions concerning carrying out restructuring of the state companies approved by the order of the Ministry of Economics of Ukraine of 23.01.98 of N 9, registered in the Ministry of Justice of Ukraine 23.03.98 for N 187/2627.

The procedure for restructuring of the state company or economic organization provides:

decision making about restructuring;

creation of the commission on restructuring, its tasks, function and power;

development and deployment of the restructuring plan;

control of carrying out restructuring.

1.2. Process of restructuring begins with the moment of acceptance of Minprompolitiki of the decision on restructuring and it is considered Minprompolitiki completed based on the order.

1.3. Due to the work on Minprompolitiki's restructuring can make the decision on prolongation of terms of plan development of restructuring.

1.4. According to requirements of Item 21 of article 5 of the Law the decision on carrying out restructuring of the state company is accepted by the Cabinet of Ministers of Ukraine if the company is in the list of the companies, not privatizeable.

1.5. When carrying out restructuring of the state companies if actions of restructuring provide alienation of state-owned property, the decision on provision of consent to alienation of the real estate, and also air and ocean ships, inland navigation vessels and railway vehicles of rail transport is accepted by subjects of management only in coordination with Fund of state-owned property of Ukraine according to the Procedure for alienation of objects of state-owned property approved by the resolution of the Cabinet of Ministers of Ukraine of 06.06.2007 N 803.

2. Decision making about restructuring of the company

2.1. Can be initiators of decision making about restructuring:

2.1.1 for the state companies - management of the company or Minprompolitiki;

2.1.2 for the economic organizations - board of the economic organization in coordination with supervising (supervisory) council; or authorized persons (in the presence).

2.2. For consideration of question of Minprompolitiki's acceptance of the decision on restructuring of the state companies or economic organizations the initiator (industry structural division of Minprompolitiki) submits the corresponding address to Management of reforming of property of Minprompolitiki.

Are applied to the address:

organizational structure analysis;

the analysis of the markets of goods (works and services) which are issued (are carried out, provided);

information on financial condition (with obligatory specifying of the reasons of unsatisfactory financial and property condition);

offers concerning content of actions for restructuring;

feasibility statement on feasibility of carrying out restructuring.

2.3. During consideration of the materials given to Minprompolitiki for preparation of the decision on restructuring of the state company or the economic Management of Reforming of Property and Department of Financial and Economic Ensuring Industry of Minprompolitiki organization carry out:

financial analysis;

preparation of the conclusions about feasibility of carrying out restructuring;

preparation and provision to Minprompolitiki's management on approval of the draft of the order concerning the decision on restructuring.

2.4. The term of preparation of the conclusions about feasibility of carrying out restructuring shall not exceed one month from the moment of receipt in structural division of Minprompolitiki of the corresponding address.

Based on the conclusions about feasibility of carrying out restructuring the draft of the order concerning decision making on restructuring prepares.

If carrying out restructuring acknowledged inexpedient, then Minprompolitiki in writing informs on it her initiators.

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