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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 26, 2003 No. 169

About approval of the Regulations on conditions and procedure for privatization of state-owned property in the Kyrgyz Republic and recognition voided some decisions of the Government of the Kyrgyz Republic

(as amended on 18-09-2023)

Based on the Law of the Kyrgyz Republic "About privatization of state-owned property in the Kyrgyz Republic" and for the purpose of reduction of separate regulatory legal acts in compliance with the legislation of the Kyrgyz Republic, the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on conditions and procedure for privatization of state-owned property in the Kyrgyz Republic.

2. Recognize invalid:

- the order of the Government of the Kyrgyz Republic of August 9, 1995 No. 339 "About approval of the Regulations on conditions and procedure for privatization and privatization of state-owned property in the Kyrgyz Republic";

- Item 7 of the order of the Government of the Kyrgyz Republic of March 20, 1997 No. 157 "About the course of privatization and privatization of state-owned property of the Kyrgyz Republic for 1996 and tasks for 1997";

- item 4 of the order of the Government of the Kyrgyz Republic of May 2, 1997 No. 264 "About results of revaluation of fixed assets in the Kyrgyz Republic for January 1, 1996";

- the order of the Government of the Kyrgyz Republic of September 22, 1997 No. 547 "About entering of amendments and changes into the Regulations on conditions and procedure for privatization and privatization of state-owned property in the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of August 9, 1995 No. 339";

- the order of the Government of the Kyrgyz Republic of March 23, 1998 No. 147 "About modification of the order of the Government of the Kyrgyz Republic of August 9, 1995 No. 339 "About approval of the Regulations on conditions and procedure for privatization and privatization of state-owned property in the Kyrgyz Republic";

- the order of the Government of the Kyrgyz Republic of August 4, 1998 No. 518 "About modification and amendments in the order of the Government of the Kyrgyz Republic of August 9, 1995 No. 339 "About approval of the Regulations on conditions and procedure for privatization and privatization of state-owned property in the Kyrgyz Republic";

- Item 1 of the order of the Government of the Kyrgyz Republic of July 31, 2000 No. 466 "About modification and amendments in some decisions of the Government of the Kyrgyz Republic";

- Item 1 of the order of the Government of the Kyrgyz Republic of March 30, 2001 No. 142 "About modification and amendments in some decisions of the Government of the Kyrgyz Republic regarding distribution and use of means from privatization of state-owned property";

- Items 2 and 4 of the order of the Government of the Kyrgyz Republic of October 9, 2001 No. 616 "About modification and recognition voided some decisions of the Government of the Kyrgyz Republic in the field of privatization and privatization".

3. To impose control over the implementation of this resolution on management of economy, investments and state-owned property of the Office of the Prime Minister of the Kyrgyz Republic.

 

Prime Minister N. Tanayev

Approved by the order of the Government of the Kyrgyz Republic of March 26, 2003 No. 169

Regulations on conditions and procedure for privatization of state-owned property in the Kyrgyz Republic

This Provision is developed according to the Law of the Kyrgyz Republic "About privatization of state-owned property in the Kyrgyz Republic", other legal acts of the Kyrgyz Republic and determines conditions and procedure for privatization of state-owned property.

I. General provisions

1. Privatization of state-owned property is performed by authorized state body on privatization and management of state-owned property - the Ministry of state-owned property of the Kyrgyz Republic (further - Mingosimuschestvo) according to the Law of the Kyrgyz Republic "About privatization of state-owned property in the Kyrgyz Republic", this Provision, other regulatory legal acts regulating questions of privatization and management of state-owned property.

2. Ceased to be valid the Order of the Government KR of August 13, 2005 No. 368

3. Can be subjects to privatization:

- the stocks (shares) in the authorized capital of the economic partnerships and societies created in the course of transformation of the state companies owned by the state;

- state companies as property complex;

- the production and non-productive divisions of the state company constituting efficient complex created as a result of carrying out reorganization (liquidation) the state company;

- separate components of property (not used rooms, certain buildings, constructions, the equipment, objects which are not finished by construction, etc.).

All types of property used for its activities including the parcels of land, buildings, constructions, the equipment, stock, raw materials, products, rights to claim, shares (share) in economic partnerships and societies, debts, the rights to the designations individualizing its activities (trade name, trademarks) and other exclusive rights enter into structure of the company as property complex.

The stocks (shares) in the authorized capital of the economic partnerships and societies created not in the course of privatization owned by the state on the property right are implemented according to the procedure, provided by this Provision.

4. As the seller of state-owned property the authorized state body on privatization and management of state-owned property acts (further - the Seller).";

- in paragraph one of Item 25 of the word "the sales charge and the guarantee fee do not return" shall be replaced with words "the guarantee fee does not return.

5. The physical persons recognized in accordance with the established procedure incapacitated, public institutions and the companies cannot be buyers of the privatized state-owned property.

5-1. The cost of subjects to privatization is determined according to requirements of the legislation of the Kyrgyz Republic.

Evaluating is performed according to the regulatory legal acts approved by the Government of the Kyrgyz Republic.

II. Transformation of the state companies

6. The main form of transformation of the state companies to economic partnerships (societies) is the aktsionirovaniyepreobrazovaniye of form of business of the state company in joint-stock company which 100 (hundred) percent of shares are in state-owned property. If the estimated value of property of the state companies is insufficient for forming of the authorized capital in the amount of, stipulated by the legislation the Kyrgyz Republic, the state company will be transformed to limited liability company, the single founder (participant) of which is the state.

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