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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 8, 2013 No. 238

About approval of the Procedure for holding the auction and investment tender selling single property complexes, blocks of shares which belong to the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies

(as amended on 22-07-2020)

According to articles 8 and 9 of the Law of Ukraine "About features of privatization of the coal-mining companies" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for holding the auction and investment tender selling single property complexes, blocks of shares which belong to the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies which is applied.

Prime Minister of Ukraine

N. Azarov

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 8, 2013, No. 238

Procedure for holding the auction and investment tender selling single property complexes, blocks of shares which belong to the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies

General provisions

1. This Procedure determines the procedure of holding the auction and investment tender selling single property complexes, blocks of shares which belong to the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies.

2. Preparation for sale of single property complexes, blocks of shares which belong to the state in the authorized capital of the joint-stock companies formed in the course of privatization or corporatisation of the state coal-mining companies (further - blocks of shares), at auction, investment tender is performed taking into account the requirements established for the corresponding group of subjects to privatization which is determined according to classification of subjects to the privatization given in article 5-1 of the Law of Ukraine "About privatization of state-owned property".

3. The conclusion of the purchase and sale agreement of single property complex, the block of shares between the winner of auction, investment tender and state body of privatization is performed based on the state-owned property of the approximate purchase and sale agreement approved by Fund in the procedure determined by the legislation.

4. Terms in this Procedure are used in such value:

1) the business plan of the investment project (the feasibility statement on postprivatization development of object) - the document which contains data on commercial, technical, technology, financial, social, economic, ecological and other aspects of the investment project and stages of its realization;

2) pledge for participation in investment tender (further - pledge) - the amount of means in the amount of 10 percent of starting price of single property complex or the block of shares for the first time the announced tender;

3) tender committee - the collegiate organ formed for the purpose of determination of conditions of investment tender and the winner of such tender. The structure of tender committee is approved by the order of the Cabinet of Ministers of Ukraine of October 17, 2012 No. 782;

4) the registration fee - funds which are deposited for submission of the statement for participation in auction, investment tender, in the amount of one free minimum of the income of citizens.

Other terms in this Procedure are used in the values given in the legislation concerning privatization.

Procedure for holding the auction

5. The information message about holding the auction selling single property complex is published not later than in 20 calendar days prior to date of auction in official printing publications of state body of privatization, local printing editions, on the official website of Fund of state-owned property.

Information messages about holding the auction selling single property complex and about its results prepare and published by state body of privatization taking into account the requirements established by the legislation concerning privatization for the corresponding group of subjects to privatization.

6. Persons who showed willingness to participate in auction for sale of single property complex submit to state body of privatization the application in writing on the location of object according to the procedure, established by Fund of state-owned property for the corresponding group of subjects to privatization.

7. Sale of single property complex at auction is performed in the presence of at least two participants of auction.

8. Adoption of statements for participation in auction for sale of single property complex stops not later than three days before the beginning of auction.

9. The auction for sale of single property complex is held by the organizer of auction.

The agreement between state body of privatization and the legal entity involved by such body for accomplishment of functions of the organizer of auction shall provide:

holding the auction term;

starting price of sale of single property complex;

bid increment;

size and payment procedure of remuneration;

cross liabilities, conditions of termination of such agreement and property responsibility of the parties;

other conditions at the discretion of agreement parties.

10. For participation in auction for sale of single property complex person registered by his organizer receives card of the participant of auction which contains such data:

number at which the participant of auction takes part in the biddings;

the name and number of single property complex (complexes) concerning which in the biddings the participant of auction takes part;

holding the auction conditions.

The order of registration of participants of auction, and also the basis for refusal in such registration are determined by the organizer of auction.

11. The auction for sale of single property complex is held directly litsitatory. Prior to the biddings the litsitator describes single property complex and conditions of its sale.

12. Litsitator announces number of each single property complex specified on card of the participant of auction which is exposed for sale at auction, starting price of sale and bid increment.

13. Participants of auction report during the biddings about readiness to acquire single property complex which is exposed for sale at auction, at the price announced by litsitator, lifting card of the participant or at the same time lifting such card and offering the price.

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