RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 30, 2013 No. 38

About approval of the Procedure for coordination of conditions and procedure for carrying out sanitation of the state companies to opening of proceeedings about bankruptcy at the expense of off-budget sources of financing

According to part six of article 4 of the Code of Ukraine on insolvency proceedings the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for coordination of conditions and procedure for carrying out sanitation of the state companies to opening of proceeedings about bankruptcy at the expense of off-budget sources of financing which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 30, 2013, No. 38

Procedure for coordination of conditions and procedure for carrying out sanitation of the state companies to opening of proceeedings about bankruptcy at the expense of off-budget sources of financing

1. This Procedure determines reconciliation procedure by the subject of management of objects of state-owned property who performs powers on property management of the state debtor enterprise (further - authorized body of management), of conditions and procedure for carrying out sanitation of the state companies to opening of production (productions) on the case of bankruptcy at the expense of off-budget sources of financing (further - sanitation).

2. The head of the state company for the decision of his founders (participants, shareholders) can act as the initiator of carrying out sanitation.

3. For review conditions and procedure for carrying out sanitation the initiator of carrying out sanitation submits to authorized body of management the corresponding petition to which are applied:

1) documents, stipulated in Article 34 Codes of Ukraine on insolvency proceedings which confirm availability of signs of bankruptcy of the state company;

2) the plan of sanitation which meets the requirements of parts two and third article 5 of the Code of Ukraine for insolvency proceedings and is constituted in the approximate form approved by state body concerning bankruptcy;

3) the detailed information about non-state sources of financing which it is provided to attract, in particular their size and conditions of attraction, about investors who perform financing;

4) No. 664 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.07.2019;

5) the list of creditors with indication of outstanding amount, and also:

for legal entities - their name, the location, identification code;

for physical persons - surname, name, middle name, the place of residence, registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer, reported about it to relevant organ of the State Tax Service and have mark in the passport);

6) written objections of creditors who did not take part in vote or voted against approval of the plan of sanitation, in case of their availability;

7) No. 664 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.07.2019.

4. In case of submission of the petition for coordination of conditions and procedure for carrying out sanitation with violation of requirements of Item 3 of this Procedure the authorized body of management not later, than the next working day returns to the initiator of carrying out sanitation such petition with indication of the return reasons.

5. The authorized body of management within four days from the date of receipt of the petition for coordination of conditions and procedure for carrying out sanitation and the documents attached to it makes the decision on coordination or refusal in coordination of conditions and procedure for carrying out sanitation.

6. The decision on coordination of conditions and procedure for carrying out sanitation is accepted in case:

1) there is no financing at the expense of means of the government budget (insufficient amount);

2) implementation of the actions specified in respect of sanitation:

does not provide alienation of real estate which is on balance of the state company and provides implementation of the main productive activity of the company;

does not limit implementation of productive or other activity by the state company and does not influence integrity of its property complex.

7. In case of non-compliance with the requirements determined by Item 6 of this Procedure and also if the sanitation of action offered by the plan does not provide recovery of solvency of the state company, the authorized body of management makes the decision on refusal in coordination of conditions and procedure for carrying out sanitation.

8. The decision on coordination or refusal is transferred to the initiator of carrying out sanitation not later than the next working day after its acceptance in coordination of conditions and procedure for carrying out sanitation.

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