Unofficial translation. (c) Soyuzpravoinform

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of May 10, 2012 No. 639

About approval of the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies

According to the Laws of Ukraine of January 13, 2012 No. 4336-VI "About introduction of amendments to some laws of Ukraine concerning privatization concerning realization of provisions of the State program of privatization for 2012-2014", of January 13, 2012 No. 4335-VI "About the State program of privatization", "About privatization of state-owned property", other regulatory legal acts of Ukraine and for the purpose of increase in efficiency of process of privatization of state-owned property and investment attraction in economy of Ukraine PRIKAZYVAYU:

1. Approve Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies it (is applied).

2. Recognize invalid orders of Fund of state-owned property of Ukraine:

of July 11, 2005 No. 2029 "About approval of Changes and amendments to the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies", registered in the Ministry of Justice of Ukraine on July 22, 2005 for No. 790/11070;

of February 22, 2006 No. 355 "About approval of Changes and amendments to the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies", registered in the Ministry of Justice of Ukraine on March 23, 2006 for No. 317/12191;

of August 04, 2009 No. 1241 "About modification of the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies", registered in the Ministry of Justice of Ukraine on August 31, 2009 for No. 810/16826;

of February 22, 2011 No. 239 "About modification of the Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies", registered in the Ministry of Justice of Ukraine on March 12, 2011 for No. 312/19050.

3. To management of competitive sale in accordance with the established procedure to provide submission of this order on state registration in the Ministry of Justice according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. In ten-day time after state registration of the order in the Ministry of Justice of Ukraine to provide to management of competitive sale its publication in the State newsletter on privatization, and also promulgation on the official website of Fund of state-owned property of Ukraine.

5. To impose control over the implementation of this order on the vice-chairman of Fund of state-owned property of Ukraine according to distribution of functional obligations.

6. This order becomes effective from the date of its official publication.

Approved by the Order of Fund of state-owned property of Ukraine of May 10, 2012 No. 639,

Order of the Antimonopoly Committee of Ukraine on May 10, 2012 No. 282-r,

Decision of the National commission on securities and stock market of Ukraine on May 10, 2012 No. 674

Regulations on procedure for carrying out tenders selling blocks of shares of joint-stock companies

I. General provisions

1.1. This Provision is developed according to the Laws of Ukraine of January 13, 2012 No. 4336-VI "About introduction of amendments to some laws of Ukraine concerning privatization concerning realization of provisions of the State program of privatization for 2012-2014", of January 13, 2012 No. 4335-VI "About the State program of privatization", "About privatization of state-owned property", "About features of privatization of the companies which belong to the sphere of management of the Ministry of Defence of Ukraine", "About protection of the economic competition", the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003 to No. 1891 "About approval of the Technique of assessment of property" and other regulatory legal acts of Ukraine.

1.2. This Provision establishes procedure for preparation, the organization and carrying out tenders selling blocks of shares of joint-stock companies with openness of the offer of the price by the principle of auction (further - subject to privatization) which belong to the state in the authorized capital of joint-stock companies (further - society) which perform state bodies of privatization, including with the assistance of the legal entities (advisers) authorized by them.

1.3. The stated below terms are used in this Provision in such value:

the bank guarantee - the written confirmation (guaranty letter) bank, other credit institute about satisfaction of requirements of the authorized party in the amount of the complete sum of money specified in the written confirmation if the third party (bound party) does not fulfill the certain obligation specified in it, or there will come other conditions provided in the corresponding confirmation. The bank guarantee is provided in the form of the irrevocable reserve bank letter of credit (guarantee) which on the conditions approved with Fund is issued by commercial bank with the credit rating of "investment" level or whose shareholder holding controlling stock (mother company) has the credit rating of "investment" level. Banks or the shareholders having in them controlling stock (mother company) whose long-term unsecured bonds are estimated (reytinguyemy) at the level of VVV or higher by acknowledged international rating agencies and which have no still legal procedures with state body of privatization or any other public authority of Ukraine fall under "investment" credit rating;

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