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FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 14, 2002 No. 161-FZ

About state and municipal unitary enterprises

(as amended on 02-07-2021)

Accepted by the State Duma on October 11, 2002

Approved by the Federation Council on October 30, 2002

Chapter I. General provisions

Article 1. The relations regulated by this Federal Law

This Federal Law determines according to the Civil code of the Russian Federation legal status of the state unitary enterprise and municipal unitary enterprise (further also - the unitary enterprise), the rights and obligations of owners of their property, procedure for creation, reorganization and liquidation of the unitary enterprise.

Article 2. Unitary enterprise

1. The unitary enterprise the commercial organization which is not given the property right to the property assigned to it the owner is recognized. In the form of the unitary enterprises only the state and municipal companies can be created. The property of the unitary enterprise belongs on the property right of the Russian Federation, to the subject of the Russian Federation or the municipality. On behalf of the Russian Federation or the subject of the Russian Federation the rights of the owner of property of the unitary enterprise perform public authorities of the Russian Federation or public authorities of the subject of the Russian Federation within their competence established by the acts determining the status of these bodies.

On behalf of the municipality of the right of the owner of property of the unitary enterprise perform local government bodies within their competence established by the acts determining the status of these bodies. On behalf of the Russian Federation the State Atomic Energy Corporation "Rosatom" according to the procedure, established by the Federal Law "About State Atomic Energy Corporation "Rosatom" can perform the rights of the owner of property of the federal state company. On behalf of the Russian Federation the rights of the owner of property of the federal unitary enterprise the institute of N. E. of Zhukovsky" according to the Federal Law "About National research center "Institute of N. E. of Zhukovsky" can perform federal state budgetary institution "National research center ". On behalf of the Russian Federation the rights of the owner of property of the state unitary enterprise the State corporation on space activities can perform Roskosmos according to the procedure, established by the Federal Law "About the State corporation on space activities Roskosmos. On behalf of the Russian Federation the rights of the owner of property of the federal unitary enterprise the federal state budgetary institution "Can perform the national research center "Kurchatov Institute" according to the Federal Law "About the national research center "Kurchatov Institute".

The property of the unitary enterprise belongs to it on the right of economic maintaining or on the right of operational management, is indivisible and cannot be distributed on deposits (shares, shares), including between employees of the unitary enterprise.

The unitary enterprise has no right to create as the legal entity other unitary enterprise by transfer of part of the property to it (affiliated enterprise).

The unitary enterprise can acquire and perform on its own behalf the property and personal non-property rights, perform duties, to be claimant and the defendant in court.

The unitary enterprise shall have separate balance.

2. In the Russian Federation the following types of the unitary enterprises are created and are effective:

the unitary enterprises founded on the right of economic maintaining - the federal state company and the state company of the subject of the Russian Federation (further also - the state company), the municipal company;

the unitary enterprises founded on the right of operational management - the federal state company, the state company of the subject of the Russian Federation, the municipal state company (further also - the state company).

3. The unitary enterprise shall have the round stamp containing its full trade name in Russian and specifying on the location of the unitary enterprise. The seal of the unitary enterprise may contain also its trade name in languages of the people of the Russian Federation and (or) foreign language.

The unitary enterprise has the right to have stamps and forms with the trade name, own emblem, and also the trademark registered in accordance with the established procedure and other means of individualization.

4. Creation of the unitary enterprises on the basis of consolidation of the property which is in property of the Russian Federation, subjects of the Russian Federation or municipalities is not allowed. 

5. As the federal unitary enterprise having strategic importance for defense industry complex and safety of the Russian Federation for the purpose of this Federal Law it is understood:

1) the federal state unitary enterprise and the federal state company included in the list of the strategic companies and strategic joint-stock companies approved by the President of the Russian Federation according to the Federal Law of December 21, 2001 No. 178-FZ "About privatization of the state-owned and municipal property";

2) the federal state unitary enterprise and the federal state company included in the list of the strategic companies and organizations approved by the Government of the Russian Federation according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

3) the federal state unitary enterprise and the federal state company determined by the separate decision of the President of the Russian Federation or the Government of the Russian Federation.

Article 3. Legal capacity of the unitary enterprise

1. The unitary enterprise can have the civil laws answering the subject and the purpose of its activities provided in the charter of this unitary enterprise and to perform the duties connected with these activities.

2. The unitary enterprise is considered created as the legal entity from the date of entering of the corresponding record into the Unified State Register of Legal Entities with features, stipulated in Clause the 10th this Federal Law.

The unitary enterprise is created without restriction of term if other is not established by its charter.

The unitary enterprise has the right to open in accordance with the established procedure bank accounts in the territory of the Russian Federation and beyond its limits taking into account requirements, the stipulated in Clause 24.1 presents of the Federal Law.

The state or municipal company until completion of forming by the owner of its property of authorized fund has no right to make the transactions which are not connected with organization of the state or municipal company.

3. The unitary enterprise can perform separate types of activity which list is determined by the Federal Law only based on the license.

Article 4. Trade name of the unitary enterprise and its location

1. The unitary enterprise shall have full trade name and has the right to have the reduced trade name in Russian. The unitary enterprise has the right to have also complete and (or) reduced trade name in languages of the people of the Russian Federation and (or) foreign language.

The full trade name of the state or municipal company in Russian shall contain the words "federal state company", "state company" or "municipal company" and specifying on the owner of its property - the Russian Federation, subject of the Russian Federation or municipality.

The full trade name of the state company in Russian shall contain the words "federal state company", "state company" or "municipal state company" and specifying on the owner of its property - the Russian Federation, subject of the Russian Federation or municipality.

The trade name of the unitary enterprise in Russian and in languages of the people of the Russian Federation may contain foreign-language borrowings in the Russian transcription or in transcriptions of languages of the people of the Russian Federation, except for the terms and abbreviations reflecting form of business of the unitary enterprise.

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