RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 5, 2012 No. 1146

About approval of the Procedure for delegation of power on management of corporate laws of the state to subjects of management of objects of state-owned property

According to the subitem "n" of Item "About management of objects of state-owned property" the Cabinet of Ministers of Ukraine decides 18 parts two of article 5 of the Law of Ukraine:

Approve the Procedure for delegation of power on management of corporate laws of the state to subjects of management of objects of state-owned property which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 5, 2012, No. 1146

Procedure for delegation of power on management of corporate laws of the state to subjects of management of objects of state-owned property

1. This Procedure determines the mechanism of delegation of power by management of corporate laws of the state to subjects of management of objects of state-owned property (further - subjects of management).

Action of this Procedure extends to delegation of power on management of corporate laws which are collected in the income of the state according to the judgment according to the Law of Ukraine "About sanctions":

from Fund of state-owned property, other public authority, the subject of managing of public sector of economy to the subject of managing of public sector of economy;

from subject of managing of public sector of economy Fund of state-owned property, to other public authority.

2. The Ministry of Economics gives to the Cabinet of Ministers of Ukraine on analysis results of indicators of financial and economic activities of subjects of managing in which authorized capital the size of corporate laws of the state makes over 50 percent, fortune of accomplishment by them of financial plans and their solvency, respecting the rule of law concerning use of the property of the offer belonging to them concerning delegation of power on management of corporate laws of the state of such subjects of managing to appropriate subjects of management.

3. Subject of management which initiates transfer of powers to it on management of corporate laws of the state of rather appropriate subject of managing (farther - the initiator of transfer) from other subject of management which actually performs such powers (further - the actual manager), submits to Ministry of Economics the relevant proposal to which are applied:

1) data concerning the subject of managing about:

the name, the location, code according to EGRPOU;

results of financial and economic activities for three previous years;

staff of governing bodies;

name of the actual manager;

2) the copy of the charter of the subject of managing certified by the signature of his head and under seal;

3) excerpt from the Register of corporate laws of the state concerning the size of corporate laws of the state in the authorized capital of the subject of managing;

4) the feasibility statement on feasibility of delegation of power on management of corporate laws of the state in the form established by Ministry of Economics;

5) information on the form established by Ministry of Economics of delegation of power on management of corporate laws of the state to subjects of management with indication of the size of corporate laws of the state, term of the actual management of such rights and indicators of results of financial and economic activities;

5-1) calculations for ensuring improvement of indicators of financial and economic activities of the subject of managing, except unprofitable subjects of managing which are transferred to the sphere of control of Fund of state-owned property and are subject to liquidation, subjects of managing, powers on management of corporate laws concerning which are delegated according to paragraphs of the third and fourth Item of 1 this Procedure;

5-2) information on availability of material carriers of the classified information at the subject of managing;

6) in cases, stipulated by the legislation about protection of the economic competition, the copy of the decision of bodies of the Antimonopoly Committee on provision of permission to concentration of subjects of managing or the copy of the previous conclusions of bodies of the Antimonopoly Committee about lack of need of receipt of permission to concentration of subjects of managing.

In case of delegation of power on management of the corporate laws specified in paragraph three of Item of 1 this Procedure in cases, stipulated by the legislation about protection of the economic competition, the copy of the decision of bodies of the Antimonopoly Committee on provision of permission to concentration of subjects of managing or the copy of preliminary conclusions of bodies of the Antimonopoly Committee about lack of need of receipt of permission to concentration of subjects of managing is attached.

In case of delegation of power on management of the corporate laws belonging to the state in the authorized capital of the economic organizations, to the legal successor of executive body which stops as a result of reorganization (merge, accession, separation or transformation) and also powers on management of the corporate laws specified in paragraphs three and the fourth Item of 1 this Procedure, the documents specified in this Item are attached in the presence about what it is noted in the explanatory note.

4. The Ministry of Economics prepares together with the initiator of transfer, the actual managing director, Fund of state-owned property, the Ministry of Finance and Ministry of Justice the corresponding draft decision of the Cabinet of Ministers of Ukraine and together with the documents specified in Item 3 presents of the Procedure submits it in accordance with the established procedure for consideration of the Cabinet of Ministers of Ukraine.

5. In case of adoption by the Cabinet of Ministers of Ukraine of the decision on delegation of power on management of corporate laws of the state the subject of management to whom according to the made decision such powers are assigned performs measures concerning their registration in accordance with the established procedure.

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