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Ministry of Justice of Ukraine

February 27, 2013

No. 331/22863

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 26, 2013 No. 327/5

About approval of the Procedure for carrying out the analysis of financially economic condition of subjects of managing of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent, and preparation on requests of court, prosecutor's office or other authorized body of conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy

(as amended of the Order of the Ministry of Justice of Ukraine of 12.09.2014 No. 1530/5)

According to paragraphs to the seventh and ninth part one of article 3 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" and Items 3, 9 Regulations on the Ministry of Justice of Ukraine, No. approved by the Presidential decree of Ukraine of April 6, 2011 395, ORDER:

1. Approve the Procedure for carrying out the analysis of financial and economic condition of subjects of managing of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent, and preparation on requests of court, prosecutor's office or other authorized body of conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy which is applied.

2. Recommend to the arbitration managers appointed by court managers of property when implementing the analysis of financial, economic and investing activities of the company, its provision in the markets and the analysis of financial position to be guided by Procedure for carrying out the analysis of financial and economic condition of subjects of managing of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent, and preparation on requests of court, prosecutor's office or other authorized body of conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy, the approved this order.

3. To department of notariate, bankruptcy and functioning of the central zaveritelny body (Chizhmar K. I.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the director of the department of notariate, bankruptcy and functioning of the central zaveritelny body Chizhmar K. I.

Minister

A. Lavrinovich

 

Approved by the Order of the Ministry of Justice of Ukraine of February 26, 2013, No. 327/5

Procedure for carrying out the analysis of financial and economic condition of subjects of managing of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent, and preparation on requests of court, prosecutor's office or other authorized body of conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy

1. The analysis of financial and economic condition of subjects of managing concerning availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy (dalsheanaliz) is carried out according to the Methodical recommendations concerning identification of signs of insolvency of the company and signs of actions for concealment of bankruptcy, dummy bankruptcy or bringing to bankruptcy approved by the order of the Ministry of Economics of Ukraine of January 19, 2006 No. 14 (in edition of the order of the Ministry of Economics of Ukraine of October 26, 2010 No. 1361).

The specialized organizations and specialists according to the resolution of the Cabinet of Ministers of Ukraine of January 23, 2013 No. 27 "About involvement of the organizations and specialists to ensuring implementation of powers of state body concerning bankruptcy" can be attracted to implementation of the Analysis of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent by the Ministry of Justice of Ukraine (further - Ministry of Justice of Ukraine) and preparation of the conclusions about availability of signs of dummy bankruptcy, bringing to bankruptcy, concealment of resistant insolvency, illegal actions in case of bankruptcy (further - the Conclusion).

The arbitration manager appointed by court the manager of property carries out the Analysis to carrying out the first creditor meeting. Carrying out the analysis by state body concerning bankruptcy does not exempt the arbitration manager from obligation of carrying out the analysis of the same company.

2. Carrying out the analysis or preparation of the Conclusions on requests of economic court in which production there is case on bankruptcy of prosecutor's office or other body performing criminal proceedings, other authorized bodies having the right to constitute protocols on administrative offenses in case of making of illegal actions in case of bankruptcy or dummy bankruptcy, and also governing body of state-owned property in case of request of rather state company and the company in which authorized capital the share of state-owned property exceeds fifty percent (further - the subject of request) perform structural division of Ministry of Justice of Ukraine which provides realization of powers of state body concerning bankruptcy (further - structural division of Ministry of Justice of Ukraine), or territorial authorities of Ministry of Justice of Ukraine.

3. The structural division of Ministry of Justice of Ukraine or territorial authority of Ministry of Justice of Ukraine in case of carrying out the analysis addresses with the letter the arbitration manager (the manager of property, the managing director of sanitation, the liquidator) or the debtor concerning whom the analysis, about provision of the documents necessary for its carrying out is carried out. The arbitration manager (the manager of property, the managing director of sanitation, the liquidator) at the request of structural division of Ministry of Justice of Ukraine or territorial authority of Ministry of Justice of Ukraine shall provide the documents necessary for carrying out the analysis.

4. The request is sent to structural division of Ministry of Justice of Ukraine or territorial authority of Ministry of Justice of Ukraine on the location of the debtor.

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