ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 2, 2014 No. 519

About transfer of function of management of state-owned property to the central industry bodies of public management

Based on Item f) parts (1) article 6 of the Law on management of public property and its privatization No. 121-XVI of May 4, 2007 (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401), with subsequent changes and amendments, the Law on the state company No. 146-XIII of June 16, 1994 (The official monitor of the Republic of Moldova, 1994, No. 2, the Art. 9), with subsequent changes and amendments, and the Join-stock companies law No. 1134-XIII of April 2, 1997 (repeated publication: The official monitor of the Republic of Moldova, 2008, Art. No. 1-4, 1), with subsequent changes and amendments, and also for the purpose of effective management of the central industry bodies of public management of the state companies and shares of the state in joint-stock companies with fully or partially state capital in the corresponding industries DECIDES: the Government

1. Assign to the central industry bodies of public management of function for management of state-owned property and determine that these bodies:

1) carry out control concerning safety and effective use of state-owned property in the corresponding industries;

2) appoint members of administrative boards of the state companies and recall them from position, taking into account offers of the Ministry of Finance and Ministry of Economics;

3) appoint administrators of the state companies and dismiss them, according to the offer of administrative boards;

4) delegate the property and the powers concerning business activity of the head based on the agreement signed between the parties;

5) coordinate alienation, transfer to pledge/lease and write-off of assets of the state companies and joint-stock companies with majority share of the state in industry;

6) is administered by the lands which are in public property of the state adjacent to the real estate objects of state-owned property which are under authority including their transfer to property employment / lease;

7) exercise control of correctness of the calculations and timely dividend payout arriving from shares of the state and part of net profit of the state companies according to the existing regulations;

8) provide, within the competence, compliance with law and provisions in the field of government assistance according to the notice, the reporting, accounting and compensation of government assistance;

8-1) provide establishment for the state companies and advances, by means of councils of commercial societies with complete or majority share of the state, annual and semi-annual performance indicators of financial and economic activities (growth of sales volume, net profit, return on assets, financial profitability, and also repayment of receivables and payables, reduction of costs and remaining balance of products and materials, etc.), and also estimate their achievement;

9) submit to the Agency of public property the annual statement about management of public property which includes the analysis of financial and economic activities of the state companies and/or commercial societies with the share of the state exceeding 25% in the authorized capital, results of their activities taking into account assessment of accomplishment of the established performance indicators and risks connected with stability (property, industrial, marketing, credit risks, etc.), and also the measures taken for the purpose of increase in effective management of public property.

2. To the agency of public property in subordination of the Ministry of Economics which on behalf of the Government performs functions of the shareholder in joint-stock companies with fully or partially state capital to perform concession (transfer) to the central industry bodies of public management of execution of shareholder rights in joint-stock companies of the corresponding industry, including obligations and the rights of the representative of interests of the state, based on the agreement.

3. Approve the Standard agreement about concession (transfer) of execution of shareholder rights and managements of state-owned property according to appendix No. 1.

4. Recognize invalid some orders of the Government according to appendix No. 2.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of July 2, 2014 No. 519

The standard agreement No. ______ about concession (transfer) of execution of shareholder rights and managements of state-owned property

"____ "__________________" _____                                   mun. Chisinau

The agency of public property in subordination of the Ministry of Economics as the security holder provided by mister (madam) ____________________________________________                        

                          (surname, name and position)

acting on the basis of the Provision approved by the Order of the Government No. 1008 of September 10, 2007, on the one hand, и_____________________________________________________________________

                  (name of body of the central public management)

as the body accepting execution of shareholder rights and the management of state-owned property provided by mister (madam) _____________________________________________________________________

                                (surname, name and position)              

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