Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF UZBEKISTAN

of December 11, 2003 No. 558-II

About private enterprise

(as amended on 09-11-2020)

I. General provisions

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of creation, activities, reorganization and liquidation of private enterprises.

Article 2. Legislation on private enterprise

The legislation on private enterprise consists of this Law and other acts of the legislation.

Article 3. Private enterprise

Private enterprise the commercial organization created and managed by the owner - one physical person is recognized. The private enterprise is form of business of subjects of entrepreneurship.

The private enterprise has the isolated property in property, can acquire and perform on its own behalf the property and personal non-property rights, perform duties, to be claimant and the defendant in court.

The private enterprise answers for the obligations all property belonging to it.

The owner of private enterprise according to the legislation bears subsidiary responsibility the property belonging to it according to obligations of private enterprise in case of insufficiency of property of the company.

Article 4. Trade name of private enterprise

The private enterprise shall have complete and has the right to have the reduced trade name. The full trade name of private enterprise shall contain its full name and the words "xususiy korxona". The reduced trade name of private enterprise shall contain the reduced its name and the words "xususiy korxona" or abbreviation of "HK".

Article 5. Bank accounts of private enterprise

The private enterprise opens bank accounts for the territories of the Republic of Uzbekistan and beyond its limits according to the procedure, determined by the legislation.

Article 6. Seal of private enterprise

The private enterprise has the right to have the seal containing its full trade name in state language and specifying of the location of private enterprise. In seal the trade name in other language can be at the same time specified.

Article 7. Stamps and forms of private enterprise

The private enterprise has the right to have stamps and forms with the trade name, own emblem, and also the trademark registered in accordance with the established procedure and other means of individualization of participants of civil circulation, goods, works and services.

II. Creation of private enterprise and its state registration

Article 8. Procedure for creation of private enterprise

The private enterprise is created by the owner who allocates the company with the corresponding property and approves its charter.

The private enterprise is created sine die if other is not provided by its charter.

Article 9. Organization of other legal entities. Representations and branches of private enterprise

The private enterprise has the right to act as the founder or to participate otherwise in authorized fund of other legal entities, to open representations and to create branches according to the procedure, determined by the legislation.

Article 10. Charter of private enterprise

The constituent document of private enterprise is its charter. The charter of private enterprise shall contain:

trade name;

data on its location and postal address;

list of core activities;

surname, name, middle name and residence of the owner;

size of authorized fund.

The charter of private enterprise can contain also other provisions which are not contradicting the legislation.

Article 11. State registration of private enterprise

The private enterprise acquires the status of the legal entity from the moment of its state registration.

State registration of private enterprise is performed according to the procedure, established by the legislation.

Article 12. Authorized capital of private enterprise

The authorized capital of private enterprise is indivisible and is determined by the owner.

The money, securities, other property or property rights or other alienable rights having money value can be contribution to authorized capital of private enterprise.

The owner independently estimates the property brought by it in authorized capital of private enterprise.

If when forming authorized capital of private enterprise the owner gives to the company the property which is general (equity or joint) property of members of his family, it is required to receive notarially certified consent of all owners of this property.

Article 13. Increase and reduction of authorized capital of private enterprise

Increase and reduction of authorized capital of private enterprise is performed according to the decision of the owner by introduction of amendments to the charter of private enterprise.

If upon termination of the second and each subsequent financial year net assets value of private enterprise appears less than its authorized fund, the private enterprise shall reduce the authorized capital to the size which is not exceeding the cost of its net assets.

Net assets value of private enterprise is determined according to the procedure, established by the legislation.

III. Management of private enterprise

Article 14. Individual management of private enterprise

The owner of private enterprise as the head solely manages the company, without power of attorney acts from his name, represents its interests, disposes of money and other property of private enterprise, signs contracts, including labor, issues powers of attorney, opens accounts in banks, approves states, issues orders and instructs, the companies, obligatory for all workers.

Article 15. Rights and obligations of the owner of private enterprise

The owner of private enterprise has the right:

make to the charter of private enterprise changes and amendments according to the procedure, determined by the legislation;

make decisions on reorganization and liquidation of private enterprise;

use at discretion the profit of private enterprise remaining after tax payment and other obligatory payments;

alienate the property belonging to private enterprise, lease it, pledge, bring as contribution to authorized capital of other legal entities or to dispose otherwise of this property.

The owner of private enterprise can have and other rights according to the legislation.

The owner of private enterprise shall:

create authorized capital;

to manage solely the company belonging to it.

The owner of private enterprise can perform also other duties according to the legislation.

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