RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 31, 2010 No. 1929

About measures for implementation of the Law of the Republic of Belarus "About modification and amendments in some laws of the Republic of Belarus and recognition voided some legal acts of the Republic of Belarus and their separate provisions concerning privatization of state-owned property"

According to article 5 of the Law of the Republic of Belarus of July 16, 2010 No. 172-Z "About modification and amendments in some laws of the Republic of Belarus and recognition voided some legal acts of the Republic of Belarus and their separate provisions concerning privatization of state-owned property" Council of Ministers of the Republic of Belarus DECIDES:

1. Approve:

The regulations on procedure for carrying out tender at the choice of another, except the state, the founder of the open joint stock company created in the course of transformation of the state unitary enterprise (are applied);

The regulations on procedure for determination of starting price of sale of subjects to privatization (are applied);

The regulations on procedure for holding auctions for sale of subjects to privatization (are applied);

The regulations on procedure for carrying out tenders selling subjects to privatization (are applied);

The regulations on procedure for carrying out tender on transfer of the stocks of open joint stock companies owned by the Republic of Belarus or administrative and territorial unit in trust management, including with repurchase right of part of these shares by results of trust management (are applied);

The regulations on procedure for holding auctions for sale of shares of open joint stock companies in trade system of Belarusian Currency and Stock Exchange open joint stock company (are applied).

2. Determine that:

2.1. plans of privatization, plans of transformation of the state unitary enterprises to open joint stock companies, information on holding auctions (tenders) selling the subjects to privatization which are in property of the Republic of Belarus and subject of auctions (tenders), information on carrying out tenders on transfer of the stocks of open joint stock companies owned by the Republic of Belarus in trust management, including with repurchase right of part of these shares by results of trust management, and subject of tenders, notices on carrying out tenders at the choice of another, except the state, the founder of the open joint stock company created in the course of transformation of the republican unitary enterprise and also information on the sold subjects to privatization which were in property of the Republic of Belarus, buyers and sales terms of such subjects to privatization are published at least in one of the following printing mass media – newspapers "by SB. Belarus today", "Respublika", Zvyazda, "The national newspaper", "The rural newspaper";

2.2. tenders at the choice of others, except the state, founders of the open joint stock companies created in the course of transformation of the state unitary enterprises are carried out concerning the state unitary enterprises which are subject to transformation according to the legislation to open joint stock companies:

in case of availability of proposals of subjects of privatization on intention to participate in quality of another, except the state, the founder of the open joint stock company created in the course of transformation of the state unitary enterprise;

in case of availability of offers of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, National Bank, Administration of the President of the Republic of Belarus, Administration of the President of the Republic of Belarus, other state bodies and other state organizations subordinated to the President of the Republic of Belarus, and also National academy of Sciences of Belarus, local executive and administrative organs;

in other cases according to the decision of privatization authority.

3. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

3.1. in the resolution of Council of Ministers of the Republic of Belarus of September 7, 1998 No. 1395 "About approval of the Payment procedure of remuneration to legal entity or physical person in which management the stocks belonging to the state in the open joint stock company created in the course of privatization and privatization of the objects which are in republican property" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 25, the Art. 660) are transferred on competitive basis:

in the name and Item 1 of the word "to legal entity or physical person in which management the stocks belonging to the state in the open joint stock company created in the course of privatization and privatization of the objects which are in republican property" are transferred on competitive basis shall be replaced with words to "person exercising trust management of the stocks of open joint stock company owned by the Republic of Belarus";

state Item 2 in the following edition:

"2. To the Ministry of Finance annually to provide allocation to the State committee on property of funds from the republican budget for remuneration payment to persons exercising trust management of the stocks of open joint stock companies owned by the Republic of Belarus.";

Remuneration payment procedure to legal entity or physical person in which management the stocks belonging to the state in the open joint stock company created in the course of privatization and privatization of the objects which are in republican property are transferred on competitive basis, approved by this resolution to be reworded as follows it (is applied);

3.2. in the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958 "Questions of the State committee on property of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 125, 5/22673; 2007, No. 122, 5/25207; 2008, No. 209, 5/28212; 2009, No. 198, 5/30312; 2010, No. 70, 5/31442):

in Regulations on the State committee on property of the Republic of Belarus approved by this resolution:

in item 4:

state subitem 4.44 in the following edition:

"4.44. creates based on offers of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, National Bank, Administration of the President of the Republic of Belarus, Administration of the President of the Republic of Belarus, other state bodies and other state organizations, to the subordinated President of the Republic of Belarus, and also National academy of Sciences of Belarus (further if this Provision does not provide other, - state bodies and other state organizations) plans of privatization of the subjects to privatization which are in property of the Republic of Belarus and plans of transformation of the republican unitary enterprises to open joint stock companies for the three-year periods and brings them for approval in Council of Ministers of the Republic of Belarus;";

add Item with subitems 4.44-1 and 4.44-2 of the following content:

"4.44-1. approves procedure for determination of the size of authorized capital of the open joint stock company created in the course of transformation of the state unitary enterprise or several state unitary enterprises to open joint stock company and estimated value of the company as property complex of the state unitary enterprise in case of privatization;

4.44-2. realizes powers of privatization authority in the cases and procedure established by the legislation on privatization;";

state subitem 4.45 in the following edition:

"4.45. makes decisions on transformation of the republican unitary enterprises with number of the working 1000 people and more in open joint stock companies according to the approved plans of transformation of the republican unitary enterprises to open joint stock companies for the three-year period;";

add Item with subitems 4.45-1-4.45-5 of the following content:

"4.45-1. places in the printing mass media determined by Council of Ministers of the Republic of Belarus and on the global computer Internet plans of privatization of the subjects to privatization which are in property of the Republic of Belarus, plans of transformation of the republican unitary enterprises to open joint stock companies and also according to the legislation other information on the subjects to privatization which are in property of the Republic of Belarus, and transformation of the republican unitary enterprises to open joint stock companies;

4.45-2. prepares and introduces in accordance with the established procedure in Council of Ministers of the Republic of Belarus drafts of decisions on privatization of the subjects to privatization which are in property of the Republic of Belarus according to the approved plans of privatization;

4.45-3. acts as the seller concerning the subjects to privatization which are in property of the Republic of Belarus;

4.45-4. prepares and introduces in accordance with the established procedure in Council of Ministers of the Republic of Belarus drafts of decisions on privatization of the shares of open joint stock companies which are in property of the Republic of Belarus, the debt on which financial liabilities within two years preceding decision date about privatization, mainly (at least 14 months) is equal to book value of assets or exceeds it, by sale of part of such shares by results of trust management, about entering of the shares which are in property of the Republic of Belarus into authorized capitals of other economic societies, and also about transfer of such shares in trust management, including on tender, legal entities - professional participants of the security market;

4.45-5. signs according to the legislation on privatization trust management agreements of the shares of open joint stock companies which are in property of the Republic of Belarus, including with repurchase right of part of these shares by results of trust management;";

exclude subitem 4.471;

in subitem 4.49 of the word of "implementation of powers of the representative of the state" shall be replaced with words "be the appointed representatives of the state";

add Item with subitems 4.50-1 and 4.50-2 of the following content:

"4.50-1. taking into account requirements of legal acts determines procedure for work by transformation of the republican unitary enterprises to open joint stock companies, accession of the state unitary enterprise or several state unitary enterprises to open joint stock company, including procedure for creation of the industry commission on accession in case of accession to open joint stock company of several state unitary enterprises which are under supervision (structure) of several state bodies and other state organizations and (or) local executive and administrative organs;

4.50-2. establishes evaluation procedure of property value of the state unitary enterprises attached to open joint stock companies;";

state subitem 4.55 in the following edition:

"4.55. determines in decisions on transformation of the republican unitary enterprises with number of the working 1000 people and more in the presence at them in economic maintaining social facilities, the objects which are only in property of the state, premises of the state housing stock and in use of objects, constituting exclusive property of the state, condition of further use of such objects according to the Law of the Republic of Belarus of January 19, 1993 "About privatization of state-owned property and transformation of the state unitary enterprises to open joint stock companies" (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1993, No. 7, Art. 41; National register of legal acts of the Republic of Belarus, 2010, No. 184, 2/1724);";

in subitem 8.3 of Item 8 of the word "approves structure and the staff list" shall be replaced with words "approves structure";

in Item 5 of the Regulations on Fonda of state-owned property of the State committee on property of the Republic of Belarus approved by this resolution:

state subitem 5.10 in the following edition:

"5.10. creates based on offers of state bodies and other state organizations drafts of plans of privatization of the subjects to privatization which are in property of the Republic of Belarus, and plans of transformation of the republican unitary enterprises to open joint stock companies for the three-year periods;";

add Item with subitems 5.10-1-5.10-5 of the following content:

"5.10-1. provides realization of powers of privatization authority by the State Property Committee according to acts of the legislation;

5.10-2. carries out necessary works and prepares drafts of decisions on transformation of the republican unitary enterprises with number of the working 1000 people and more in open joint stock companies according to the approved plans of transformation of the republican unitary enterprises to open joint stock companies for the three-year period;

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