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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 29, 2012 No. 802

About approval of the Procedure for transformation of the state unitary commercial enterprise to joint-stock company

(as amended on 18-08-2021)

According to part seven of article 74 of the Economic code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for transformation of the state unitary commercial enterprise to joint-stock company which is applied.

1-1. To subjects of management of objects of state-owned property:

submit to the Ministry of Economic Development and Trade proposals on the state unitary enterprises which are subject to transformation to public joint stock companies which 100 percent of shares belong to the state, for forming by the Ministry of the corresponding list and approval of schedules of its carrying out;

inform quarterly the Ministry of Economics on condition of implementation of actions for transformation of the state unitary enterprises to public joint stock companies.

1-2. Determine that during the period of temporary occupation of the territory of Ukraine determined according to the Law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine", conducting anti-terrorist operation according to the Law of Ukraine "About temporary measures for conducting anti-terrorist operation", actions of the special period according to the Law of Ukraine "About mobilization preparation and mobilization" or in case of introduction of the mode of extraordinary (military) provision in certain areas (territories) in case of submission of offers and decision makings about transformation of the state unitary commercial enterprises to joint-stock companies, forming of data on property including lists and summary inventory reports, evaluating complete property complex, forming of the authorized capital of joint-stock company, etc. property (assets, the equity and obligations) such companies (branches, representations and other separate divisions), located in temporarily occupied territory, around conducting anti-terrorist operation and in the territory in which the regime of extraordinary (military) provision is introduced is not included in the list and summary inventory reports of property, and the following property (except obligations) in balance is displayed and is assigned to joint-stock company on the right of economic maintaining before carrying out its inventory count and assessment.

To subjects of management of objects of state-owned property during inventory count and assessment of property of the companies (branches, representations and other separate divisions) specified in paragraph one of this Item:

provide forming of separate acts of accounting of assets, equity and obligations of such companies (branches, representations and other separate divisions) according to the financial reporting on asset types, equity and obligations by balance sheet items for the last date for which there was financial reporting;

provide forming of separate acts of accounting of the assets located in temporarily occupied territory around conducting anti-terrorist operation and in the territory in which the regime of extraordinary (military) provision is introduced and are considered on balances of the companies (branches, representations and other separate divisions) which are located in other territory of Ukraine;

after completion of temporary occupation, conducting anti-terrorist operation, cancellation of the mode of extraordinary (military) provision to provide carrying out inventory count and assessment of property and by results of their carrying out to take measures to change of the authorized capital of joint-stock company according to the legislation.

2.  No. 143 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 10.03.2017

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 29, 2012, No. 802

Procedure for transformation of the state unitary commercial enterprise to joint-stock company

1. This Procedure determines the mechanism of transformation of the state unitary commercial enterprises (farther than the company) in joint-stock companies which 100 percent of shares belongs to the state (further - transformation).

2. Founders of joint-stock companies which are formed by transformation are the subjects of management of objects of state-owned property determined by paragraphs the second - the ninth part one of article 4 of the Law of Ukraine "About management of objects of state-owned property" (further - founders).

Founders make the decision on transformation of the companies which belong to the sphere of their management. In case when the company is included in the list of objects of the right of state-owned property which are not subject to privatization, but there can be korporatizirovana, or that which have strategic importance for economy and safety of the state, the specified decision is approved with the Cabinet of Ministers of Ukraine.

3. Carrying out transformation provides:

1) submission by the founder of Ministry of Economics of offers on transformation of the company and schedule of its carrying out;

2) forming of Ministry of Economics of the list of the companies which are subject to transformation, and approval of the schedule of its carrying out;

3) acceptance by the founder in the terms established by the specified schedule, decisions on transformation of the company and formation of the commission on its transformation (further - the commission). In case of need such decision is made without observance of the schedule with simultaneous representation on approval of Ministry of Economics of corresponding changes to it;

4) development of the draft of the plan of transformation of the company by the commission and its representation on approval to the founder;

5) identification by the founder of state-owned property which is not subject to privatization, and development of conditions of its further use;

6) evaluating complete property complex of the company, including the parcel of land, according to the Technique of assessment of property approved by the resolution of the Cabinet of Ministers of Ukraine of December 10, 2003 No. 1891 (The Official Bulletin of Ukraine, 2003, No. 51, the Art. 2669);

7) preparation of the project of charter of joint-stock company by the commission;

8) adoption by the founder of the decision on approval of charter of joint-stock company and decision on release of its shares;

9) approval of the supervisory board of joint-stock company by the founder of members;

10) submission by the founder to Ministry of Economics of information on staff of the supervisory board of joint-stock company;

11) state registration of the termination of the company and state registration of educated joint-stock company.

4. State registration of joint-stock company is carried out in the procedure established by the law.

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