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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 2, 2012 No. 366

About approval of Rules of consideration by the state antimonopoly authority of petitions and notifications according to requirements of article 5 of the Law of the Kyrgyz Republic "About natural monopolies in the Kyrgyz Republic"

(as amended on 19-05-2016)

According to the Law of the Kyrgyz Republic "About natural monopolies in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Rules of consideration by the state antimonopoly authority of petitions and notifications according to requirements of article 5 of the Law of the Kyrgyz Republic "About natural monopolies in the Kyrgyz Republic" according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

 

Prime Minister

O. Babanov

Appendix

Rules of consideration by the state antimonopoly authority of petitions and notifications according to requirements of article 5 of the Law of the Kyrgyz Republic "About natural monopolies in the Kyrgyz Republic"

1. General provisions

1. These rules of consideration by the state antimonopoly authority of petitions and notifications according to requirements of article 5 of the Law of the Kyrgyz Republic "About natural monopolies in the Kyrgyz Republic" (further - Rules) determine procedure for provision in the state antimonopoly authority and its territorial authorities (further - antimonopoly authority) petitions and notifications according to requirements of article 5 of the above-named Law (further - the Law) when implementing the following actions:

1) by provision of the petition for consent:

a) on making of any transactions as a result of which the subject of natural monopoly (further - the subject) acquires the property right to fixed assets or right to use by the fixed assets which are not intended for production (realization) of goods (works, services) to which regulation according to the Law is applied if book value of such fixed assets exceeds 10 percent of cost of equity of subjects on the last approved balance;

b) for sale, leasing or other transaction as a result of which the business entity acquires the property right or ownerships and (or) uses of part of fixed assets of the subject intended for production (realization) of goods (works, services) to which regulation according to the Law is applied if book value of such fixed assets exceeds 10 percent of cost of equity of subjects on the last approved balance;

c) on reorganization and liquidation of the subject;

2) in case of the direction of notifications:

a) in case of acquisition by person or group of persons in the stock market (shares) in the authorized capital of the subject, or as a result of other transactions (including agreements of the order, trust management, pledge) acquisitions of more than 10 percent of total quantity of the voices falling on all shares (shares) constituting the authorized capital of the subject, and also about all changes belonging to them number of votes;

b) in case of acquisition by the subject of shares (shares) in the authorized capital of other business entity providing it more than 10 percent of the total quantity of the voices falling on all shares (shares), and also in all cases of change belonging to it number of votes;

c) on implementation of investments of the subject into production (realization) of goods (works, services) to which regulation according to the Law is not applied and which constitute more than 10 percent of cost of equity of the subject on the last approved balance.

2. Procedure for giving and consideration of petitions and notifications

2. The subject represents to antimonopoly authority the petition for consent on making of the actions specified in the subitem 1) of Item 1 of these rules.

3. The subject, person (group of persons) represent to antimonopoly authority the notification on making of the actions specified in the subitem 2) of Item 1 of these rules in 30-day time from the moment of share acquisition (shares) and implementation of investments.

4. The subjects, person (group of persons) submitting petitions or the notification (further - the applicant), can appoint the authorized representative for representation of interests of the applicant in antimonopoly authority.

The authorized representative shall provide properly drawn up power of attorney confirming the powers to antimonopoly authority (to put to the petition or the notification).

Appointment of the authorized representative does not exempt person who should provide to antimonopoly authority the petition or the notification, from the obligations and responsibility provided by the Law.

5. The petition or the notification is constituted in any form and moves addressed to the head of antimonopoly authority.

In the text of the petition or the notification it is necessary to specify the name of action, the transaction and to concretize structure of the received property or the specific right allowing to determine conditions of maintaining by business entity, percent of the transferred fixed assets from the cost of equity of the subject.

6. In case of submission of the petition or notification the applicant shall provide information (documents) specified in appendix to these rules.

The petition or the notification is considered incomplete if the applicant does not submit all documents and (or) information according to the list provided by appendix to these rules or the reasonable reasons of impossibility for the applicant of provision of such information are not specified.

Such petition or the notification is not taken cognizance by antimonopoly authority.

7. If the additional information about activities of the applicant is necessary for decision making, the antimonopoly authority has the right to request it from the applicant, having extended the term of consideration of the petition for 30 days provided that such inquiry together with the notification on prolongation of term of consideration of the petition is sent to the applicant no later than 15 days from the date of receipt of the petition.

By consideration of the petition or notification the antimonopoly authority has the right to request the information about the list of the participants having more than 10 percent of total quantity of voices.

8. The applicant in case of submission of the petition or notification has the right to send independently to antimonopoly authority within 5 days the additional information which matters and can influence decision making at the scheduled time.

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