RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of August 20, 2003 No. 357

About cardinal enhancement of system of registration procedures for the organization of business activity

For the purpose of further forming of favorable conditions for subjects of entrepreneurship and phased transition on the registration principle of registration, removal of bureaucratic barriers in development of private entrepreneurship the Cabinet of Ministers decides:

1. Establish procedure according to which in case of registration and state registration of subjects of business activity it is provided:

first, sharp reducing number of the approving instances;

secondly, implementation of all coordination within only one instance which registers with observance of the current legislation of subjects of business activity.

2. Create under khokimiyats of areas (cities) of Inspectorate for registration of subjects of entrepreneurship (further - Inspection).

To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas, cities and areas:

till October 1, 2003 to complete the formation of Inspections and to provide creation of necessary conditions by it;

take measures for effective functioning of Inspections, exception of the facts of bureaucracy and red tape in case of registrations of permissions and state registration of subjects of entrepreneurship.

3. Determine the main objectives of again created Inspections:

documents acceptance of the applicant who intends to be engaged in business activity, and in cases, stipulated by the legislation, examination of documents and necessary reasons;

determination of relevant authorities with which obligatory coordination and receipt from them of permissions, on implementation of business activity within their competence, with as that is necessary: registration in accordance with the established procedure specifications on connection to engineering communications (gas supply, power supply, water supply, the sewerage, heat supply, telephone communication), transfer of premises to category non-residential, construction and reconstruction of objects;

state registration of subjects of entrepreneurship taking into account execution of the above-stated allowing documents, maintaining the register, and also their statement on accounting in tax and statistical authorities;

issue to the applicant of the certificate on its state registration as subject of business activity together with all allowing documents.

4. Determine that term from the date of filing of application before state registration of the subject of the entrepreneurship which is subject to state registration according to this Resolution with issue of allowing documents is established ranging from 7 working days up to 1 month, taking into account complexity and labor input of registration of specifications and other allowing documents.

5. Approve:

Regulations on procedure for state registration, registration of subjects of entrepreneurship and execution of allowing documents, according to appendix No. 1;

Standard structure of Inspectorates for registration of subjects of entrepreneurship, according to appendix No. 2.

6. To Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent together with territorial authorities of the State Property Committee to practice regular exposure to biddings of the parcels of land under construction of facilities of business activity, taking into account demand of entrepreneurs.

7. To the Ministry of Justice of the Republic of Uzbekistan:

together with the State Property Committee and the Ministry of Economics of the Republic of Uzbekistan to develop and approve Standard regulations on inspectorates for registration of subjects of entrepreneurship under khokimiyats of the cities and areas in a month;

exercise proper control of strict observance of established procedure of execution of registration and allowing documents.

8. To the State Property Committee of the Republic of Uzbekistan, Chamber of producers and entrepreneurs, Broadcasting company of Uzbekistan, the Uzbek communication agency and informatization, Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent to develop and realize package of measures for bringing provisions of this resolution to wide layers of entrepreneurs of the republic.

9. To the ministries and departments to proinventarizirovat and bring the departmental acts regulating questions of execution of allowing documents for implementation of business activity into compliance with this resolution in a month and to register in the Ministry of Justice of the Republic of Uzbekistan in accordance with the established procedure.

10. Recognize invalid:

Item 1, paragraphs two - the fifth Item 2, Items 3 and 4 of the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 22, 2001 No. 347 "About enhancement of system of state registration and registration of subjects of entrepreneurship" (the joint venture of the Republic of Uzbekistan 2001, No. 8, the Art. 47);

Item 12 of appendix No. 2 to the resolution of the Cabinet of Ministers of April 30, 2003 No. 197 "About modification of some decisions of the Government of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 2003, No. 4, the Art. 34).

11. To the Ministry of Justice of the Republic of Uzbekistan together with the interested ministries and departments to make in the Cabinet of Ministers offers on the changes and amendments in the legislation following from this resolution in a month.

12. To impose control over the implementation of this resolution on the deputy prime minister of the Republic of Uzbekistan Azimov R. S.

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 20, 2003 No. 357

Regulations on procedure for state registration, registration of subjects of entrepreneurship and execution of allowing documents

I. General provisions

1. This Provision determines procedure and terms:

state registration of subjects of entrepreneurship in the Ministry of Justice of the Republic of Uzbekistan, the Ministry of Justice of the Republic of Karakalpakstan, regional justice departments, in Inspectorates for registration of subjects of entrepreneurship under khokimiyats of areas (cities) (further - registering bodies) with their simultaneous statement on accounting in the state tax and statistical bodies;

execution of allowing documents in authorized bodies and the operational organizations, including specifications on connection to engineering communications (gas supply, power supply, water supply, the sewerage, heat supply, telephone communication), necessary for reshaping and reconstruction of objects without change of amounts of loadings for engineering support, timely registration of the transfer of premises to category non-residential, coordination of change of appearance of the building and construction (repair of facade) for implementation of business activity;

This Provision regarding state registration and registration extends to entrepreneurship subjects which as core activity specify the licensed type of activity in the statement for state registration.

The procedure and terms of state registration of the physical persons intending to deliver the goods intended for business activity as individual entrepreneurs without formation of legal entity are regulated by the separate Provision approved by the Cabinet of Ministers.

2. State registration with simultaneous registration in the state tax and statistical bodies is performed:

The Ministry of Justice of the Republic of Uzbekistan - auditing organizations, insurers and insurance brokers, the exchanges, bodies of economic board in the form of the joint stock companies (including state joint-stock companies and holdings) created by relevant decisions of the President and the Government of the Republic of Uzbekistan, and also the companies with foreign investments of the markets and the organizations of the tax consultants created in the city of Tashkent and other organizations in cases, stipulated by the legislation;

The Ministry of Justice of the Republic of Karakalpakstan, justice departments of areas - the companies with foreign investments and the markets created respectively in the Republic of Karakalpakstan and areas and other organizations, in cases, stipulated by the legislation;

Inspectorates for registration of subjects of entrepreneurship under khokimiyats of areas and cities (further - Inspections) - all subjects of entrepreneurship, including the companies with participation of the foreign capital, except for specified in paragraphs second and third this Item.

3. The unified state register of enterprises and organizations (EGRPO) is kept by the State committee of the Republic of Uzbekistan according to the statistics on the basis of filled by bodies of statistics on places of registration cards.

4. Preparation of necessary documents for state registration is performed at the choice of founders:

founders;

on contractual basis - Chamber of Commerce and Industry or other consulting firms, other persons.

5. The state fee is paid for state registration of the subject of entrepreneurship.

The state fee is paid for state registration in the Ministry of Justice of the Republic of Uzbekistan, the Ministry of Justice of the Republic of Karakalpakstan and justice departments of areas in the following sizes:

five minimum wages, and also 500 US dollars - for the companies with foreign investments;

four minimum wages - for insurance and auditing organizations, the organizations of tax consultants, the exchanges, bodies of economic board in the form of the joint stock companies (including state joint-stock companies and holdings) created by relevant decisions of the President and the Government of the Republic of Uzbekistan, the companies for procurement and bookmark on storage of fruit and vegetable products which are part of association of the companies for procurement and bookmark on storage of fruit and vegetable products of Uzbekozikovkatzakhir, and the markets.

20 percent from the state fee are transferred in Fund of development of courts and judicial authorities, and other amount - respectively in the republican budget of the Republic of Uzbekistan, budgets of areas and cities.

For state registration of subjects of entrepreneurship by inspectorates the state fee which rates are established by the Cabinet of Ministers of the Republic of Uzbekistan is collected. The received means remain at the disposal of inspections as source of financing of their activities and go only for strengthening of their material and technical resources and stimulation of employees.

For state registration:

Dehkan farms, and also joint-stock companies created based on the state companies, the state fee is not collected;

the subjects of entrepreneurship created in hard and mountainous areas, the state fee is collected in the amount of 20 percent from the established rate.

6. Registration in authorized bodies and the operational organizations of the allowing documents necessary for reshaping and reconstruction of objects, transfer of premises to category non-residential, changes of appearance of the building and construction (repair of facade) for conducting business activity is provided with Inspections, according to the statement of the subject of entrepreneurship or its founder.

7. The applicant (the subject of entrepreneurship or its founder) can address to Inspectorate for:

state registration of the subject of entrepreneurship with simultaneous execution of allowing documents;

state registration of the subject of entrepreneurship without execution of allowing documents.

For execution of allowing documents earlier registered subjects of entrepreneurship (with registration or without execution of allowing documents), the subjects of entrepreneurship registered in notifying procedure, and also registered in the Ministry of Justice of the Republic of Uzbekistan, the Ministry of Justice of the Republic of Karakalpakstan, justice departments of areas, the state tax authorities of areas (cities) also can address to inspectorates. At the same time the state fee is not collected.

8. Aggregate term from the date of filing of application before execution of allowing documents with state registration of the subject of entrepreneurship is established ranging from 7 working days up to one month depending on degree of complexity and labor input of works on issue of specifications and other allowing documents.

9. In case of execution of allowing documents by Inspectorate fee of authorized bodies for issue of the relevant allowing documents is performed only through Inspection.

10. The persons which are not subjects of entrepreneurship and who are not intending to use objects for the entrepreneurial purposes also perform passing of allowing procedures in authorized bodies and the operational organizations, including receipt of specifications on connection to engineering communications (gas supply, power supply, water supply, the sewerage, heat supply, telephone communication), permissions to reshaping and reconstruction of objects, coordination of change of appearance of the building and construction (repair of facade), according to this Provision, except for the regulations connected with the appeal to Inspectorates.

Transfer of premises to category non-residential the persons which are not subjects of entrepreneurship and who are not intending to use objects for business activity is performed through Inspections according to this Provision.

II. State registration of subjects of entrepreneurship and their statement on accounting

11. For state registration of subjects of entrepreneurship as the legal entity in registering body (in attendance procedure, by means of mail service or through the Internet) the application in form according to appendix No. 1 to this Provision is submitted. Are enclosed to the application for state registration:

in duplicate originals of constituent documents in state language (the constituent document submitted to registering body for state registration of the legal entity the charter or the foundation agreement and the charter, or only the foundation agreement, at the same time for societies with the limited and accessorial liability - the foundation agreement and the charter, and for family company complete and partnerships in commendam - only the foundation agreement, for joint-stock companies, private enterprises, farms and Dehkan farms with formation of legal entity - only the charter is). The companies with foreign investments and other companies with participation of the foreign capital require notarial assurance of constituent documents;

the bank payment document about payment of the established amount of the state tax (except for Dehkan farms, and also joint-stock companies created based on the state companies);

the unique login and password confirming reservation of available trade name in the centralized database of trade names (further "confirmation of reservation of trade name");

sketches of seal and stamp in duplicate.

11(1). The documents provided by this Provision, in the paragraph four of the subitem "g" of Item 12 and the paragraph except for specified the fifth Item 72, for state registration of subjects of entrepreneurship, including with simultaneous execution of allowing documents, are represented through the Internet in one copy and are signed by the digital signature of the applicant. Submission of the scanned documents processed and (or) issued on papers is allowed.

In the presence of issued, on accessory, registering body, the operational organizations, the relevant state company of land management and the inventory of the real estate of the area (city) of Goskomzemgeodezkadastra (further - the state company of land management and the inventory of the real estate), khokimiyat of the area (city) of the electronic documents provided by this Provision, the applicant has the right to represent their originals through the Internet;

12. In addition to the documents specified in Item 11 of this provision are represented for state registration:

a) the markets - the decision of Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent on allocation of the parcel of land under the organization of the market;

b) the companies with foreign investments and other companies with participation of the foreign capital:

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