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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of October 6, 2014 No. 279

About approval of Regulations on procedure for privatization of objects of state-owned property

(as amended on 06-07-2020)

According to the Resolution of the President of the Republic of Uzbekistan of July 3, 2014 No. PP-2200 "About additional measures for realization of objects of state-owned property to subjects of small business and private entrepreneurship", for the purpose of enhancement of procedure for privatization of objects of state-owned property, increase in efficiency of mechanisms and procedures of their realization, and also ensuring publicity and transparency when implementing transactions with objects of state-owned property the Cabinet of Ministers decides:

1. Approve:

Regulations on procedure for transformation of the state companies and public institutions in economic societies according to appendix No. 1;

Regulations on procedure for implementation of the state shares according to appendix No. 2;

Regulations on procedure for realization of the state shares in authorized capitals (authorized capital) of limited liability companies according to appendix No. 3;

Regulations on procedure for realization of the state real estate objects according to appendix No. 4;

Regulations on procedure for realization of objects of state-owned property on "zero" redemption value with condition of adoption of investment and social obligations by the buyer according to appendix No. 5;

Regulations on procedure for realization of state-owned property according to decisions of State commission on holding tenders in case of sale of state-owned property to foreign investors according to appendix No. 6;

Regulations on procedure for determination of the minimum size and types of investment and social obligations in case of realization of objects of state-owned property at the competitive biddings and by carrying out direct negotiations, and also control of accomplishment by buyers of conditions of purchase and sale agreements of objects of state-owned property according to appendix No. 7.

2. Make changes to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 8.

3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 9.

4. To the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

5. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R.S.Azimov.

Prime Minister of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 6, 2014 No. 279

Regulations on procedure for transformation of the state companies and public institutions in economic societies

I. General provisions

1. This Provision determines procedures of transformation of the state company and public institution (further – the state organization) in economic society in the form of joint-stock company or limited liability company.

2. Transformation of the state organizations is performed on the basis of privatization programs (lists) of the state organizations (further – the privatization program) which are created according to offers of state body, founders of the transformed state organizations, requests of non-state legal entities, and also physical persons (further - initiators) and affirm in accordance with the established procedure, decisions of the President of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan or the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokim of areas and Tashkent, according to the scheme according to appendix No. 1 to this Provision.

3. Determination of term and conditions of transformation of the state organization is performed by Agency on management of the state assets of the Republic of Uzbekistan (further - the Agency) or its territorial administration (further - territorial administration) if other is not established by the decisions of the President of the Republic of Uzbekistan, the Cabinet of Ministers of the Republic of Uzbekistan or the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokim of areas and Tashkent accepted within the competence.

4. The choice of form of economic society to which the state organization will be transformed is performed taking into account production specifics, extent of increase in efficiency of its activities and scales of production, cost of fixed assets and proposals of the founder of the transformed state organization.

5. The founder of the economic society created as a result of transformation of the state organization if other is not provided by decisions of the President of the Republic of Uzbekistan of the Cabinet of Ministers of the Republic of Uzbekistan or the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokim of areas and Tashkent, can be Goskomkonkurention or territorial authority.

II. Initiation of transformation of the state organizations

6. Offers and applications for transformation of the state organizations are submitted by initiators to the Agency or territorial administration.

7. Are applied to the offer of state body, the founder of the state organization on transformation of the state organization:

the conclusion about lack of need of preserving the operating pattern of ownership of the transformed state organization which is signed by the first head and is certified by seal;

certificate on entering of the state organization into the register of the state companies and public institutions of the Republic of Uzbekistan;

the main data on the state organization for the form established by the Agency;

copies of constituent documents, copies of cadastral documentation of the state organization and the decision of public authority on places about provision of the corresponding parcel of land.

The state bodies and founders of the state organization who addressed with the offer on transformation of the state organization do not pay collection for its consideration.

8. Request for transformation of the state organization:

from the non-state legal entity it shall be signed by the head or person authorized by him on that in coordination with the founder in form according to appendix No. 2 to this Provision;

from physical person it shall be signed by it or person authorized on that in form according to appendix No. 3 to this Provision.

The application for transformation of the state organization can be also submitted the Agencies, in electronic form on the website, with confirmation by the digital signature, at the same time:

the applicant - physical person - specifies surname, initials, INN, number of the mobile phone and the e-mail address;

the applicant - the legal entity - specifies the name, INN of the organization, number of the mobile phone of the head of the organization and the e-mail address.

9. The agency or territorial administration in case of lack of the restrictions for transformation of the state organization set by the legislation within five working days after receipt of the request sends to the founder of the state organization and to relevant organ of the government on places request about submission of the conclusion about feasibility of transformation of the state organization which shall be signed by the first head of the founder of the state organization and public authority on places and is certified by seal.

In case of need preserving form of business of the state organization her first head within five working days from the date of receipt of request in writing informs on it the Agency (the relevant territorial administration) and in time no later than ten working days from the date of receipt of request submits within the Agency (the relevant territorial administration) the conclusion with reasons for need of preserving form of business of the state organization which shall be signed by the first head of the state organization and, respectively, the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimy area or Tashkent and certified by their seals, with appendix (except educational institutions, including preschool, organizations of health sector, physical culture and sport) the program providing development of the state organization approved by the decision of the President of the Republic of Uzbekistan The Cabinet of Ministers of the Republic of Uzbekistan, or the network schedule providing development of the state organization, approved by the head of the relevant secretariat of the Cabinet of Ministers of the Republic of Uzbekistan or the superior state organization, and in case of absence of superior organization - respectively, the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimy the area or the city of Tashkent.

The conclusion is submitted in the Agency or territorial administration within five working days from the date of receipt of request.

10. The agency or territorial administration makes the decision on refusal in transformation of the state organization if:

the state organization is included into the list of objects, not privatizeable;

need for use of this state organization for the purpose of satisfaction of social and social needs of the population is had;

the conclusion about inexpediency of transformation of the state organization to terms according to Item 9 of this provision arrived.

In case of failure to carry out of actions in the terms established by the program or the network schedule, the Agency or its territorial administration of the Council of Ministers of the Republic of Karakalpakstan, khokimiyat of area or Tashkent having the right to include based on the conclusion the relevant state organization (except educational institutions, including preschool, organizations of health sector, physical culture and sport) in the privatization program without the consent of her founder (superior organization).

At the same time the asset holder (superior organization) is notified by the Agency or its territorial authority in writing within 5 days after adoption of such decision.

11. Information on the made decision on refusal in transformation of the state organization with indication of the reasons in writing is carried to the applicant by the Agency or territorial administration within ten working days from the moment of receipt of the request (offer) for transformation of the state organization.

12. In case of receipt of the request (offer) for transformation of the state organization to territorial administration, territorial administration within fifteen working days from the moment of receipt of the request (offer), in the absence of the reasons for refusal in transformation, sends to the territorial contest committee headed, respectively, the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimama of areas and Tashkent and including heads of territorial administrations of the Agency (as the vice-chairman of the contest committee), the Ministries of Finance, the Ministry of Economic Development and reducing poverty of the Republic of Uzbekistan, the State Tax Committee, the State committee of the Republic of Uzbekistan on land resources, geodesy, cartography and the state inventory, the State committee of the Republic of Uzbekistan on ecology and protection surrounding, the Ministries of construction, Chamber of Commerce and Industry, The center of the state sanitary and epidemiological surveillance of the Ministry of Health of the Republic of Uzbekistan (further - the territorial contest committee), the relevant information with appendix of the following documents:

copies of the arrived request (offer) for transformation of the state organization;

the inspection report of the state organization for the form established by the Agency with appendix at least four photos of buildings and constructions;

the main data on the state organization for the form established by the Agency;

copies of cadastral documentation, including cadastral map (plan);

the conclusions of the founder of the state organization and public authority on places about feasibility of transformation of the state organization;

conclusions about possibility of transformation.

The territorial contest committee considers the request (offer) for transformation of the state organization for its compliance to the approved criteria for decision making about privatization by the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimama of areas and Tashkent.

In case of need decision makings by the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan for transformation of the state organization, the territorial administration based on the solution of the territorial contest committee sends the relevant information concerning the request (offer) with appendix of necessary documents to the Agency.

The agency if necessary can request from territorial administration additional data and documents on the state organization with indication of the term of their representation.

13. In case of receipt of the request (offer) for transformation of the state organization to the Agency, in the absence of the reasons for refusal in transformation, the request (offer) goes to territorial administration for forming of document package, specified in Item 10 of this provision which are created and represented by territorial administration to the territorial contest committee within fifteen working days.

14. In case of absence at the state organization of cadastral documentation on its corresponding objects, decisions of public authority on places about provision of the corresponding parcel of land the specified documents in the procedure established by the legislation are prepared within pre-sale preparation.

15. Based on the arrived requests (offers) for transformation of the state organizations by the territorial contest committees and the Agency in process of receipt of requests, but at least once a year together with the interested ministries and departments offers on the state organizations which are subject to privatization according to the decision of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan are in accordance with the established procedure made in the Cabinet of Ministers of the Republic of Uzbekistan.

Offers on the state organizations which are subject to privatization according to the decision of Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent are prepared by the territorial contest committee and submitted respectively for approval in Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and Tashkent.

The list of the state organizations included in the privatization program can be created by the territories or industries.

The privatization program affirms the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimama of areas and Tashkent or the Cabinet of Ministers of the Republic of Uzbekistan.

The state organizations which are subject to transformation according to the decision of the President of the Republic of Uzbekistan join in the privatization programs approved by the President of the Republic of Uzbekistan.

16. If by results of consideration of the corresponding request (offer) for transformation the state organization joins in the draft of the privatization program, the Agency or territorial administration in writing brings the relevant information on it to the applicant from the moment of receipt of the request (offer) in a month.

III. Preparation of the state organization for transformation

17. According to adopted agenda of privatization the Agency or territorial administration creates the Commission on preparation for transformation (further - the Commission).

The structure of the Commission along with Goskomkonkurention's representatives or territorial authority joins authorized representatives:

founder;

administration and the workers performing labor activity in the transformed state organization;

financial body;

body of the State Tax Service;

the serving bank;

public authorities on places;

Goskomzemgeodezkadastra;

In need of structure of the Commission other specialists can be attracted.

18. For forming of the Commission the Agency or territorial administration sends inquiry to the relevant state bodies and other organizations for nominations for their inclusion in structure of the Commission.

19. Heads of the relevant state bodies and other organizations specified in Item 17 of this provision in three-day time after receipt of request in writing send to the Agency or territorial administration of the data on the candidate for inclusion in structure of the Commission and further provide necessary conditions for its participation in work of the Commission.

For operating time in the Commission the salary and other additional payments remain for the member of the commission in the place of the main work.

The commission performs the activities directly in the transformed state organization. The commission independently approves regulations of the work. Members of the commission bear responsibility for the made decisions according to the legislation.

20. The management of activities of the Commission and the organization of its work are performed by the commission chairman appointed Goskomkonkurention or territorial authority from among the workers.

The commission chairman within the competence has the right:

give instructions to members of the commission, officials of the transformed state organization for activities of the Commission;

submit for consideration in the Agency or territorial administration questions of exception of structure of the Commission of the certain members who are systematically violating regulations of work of the Commission with their corresponding replacement.

21. Commission session is considered competent if at least two thirds of her members, including the commission chairman take part in it. Decisions of the Commission are made by a simple majority vote her members and drawn up by protocols. Vote is taken by open method. Each member of the commission has one voice. In case of equality of votes the voice of the commission chairman is decisive.

The member of the commission, discordant with the decision made by her, has the right in writing to state the line item and to direct it to the Agency or territorial administration.

22. The list of the works on preparation of the state organization for transformation which are carried out by the Commission includes:

determination of structure of tangible and intangible assets;

determination of measures for ensuring safety of property of the transformed state organization;

identification and preparation of information about unexecuted at the time of transformation of obligations of the state organization;

scheduling of transformation of the state organization for the form approved by the Agency, with indication of terms of carrying out transformation of the state organization and form of business of again arisen economic society;

the organization of preparation of drafts of constituent documents of again arisen economic society;

solution of other questions.

23. The organization and carrying out inventory count of property and financial liabilities of the transformed state organization are performed according to National accounting standards.

24. Inventory count is carried out for date of creation of interim balance sheet, at the same time every line of balance shall be confirmed with the corresponding inventories.

Following the results of the carried-out inventory count the corresponding inventory reports in forms according to appendices No. No. 4-9 to this Provision are drawn up and signed by the chairman and members of the commission.

25. Following the results of work the Commission represents to the Agency or territorial administration:

copy of the order on creation of inventory-taking group;

protocols of commission sessions;

the inventory reports signed by members and the head of commission;

copies of cadastral documentation of the transformed state organization, including the cadastral map (plan), and other documents of title (in the presence);

the documents confirming the right to the parcel of land, subsoil and other natural resources;

the financial (intermediate) reporting with the audit report;

disaggregation of debit and creditor debts, including overdue;

information on the available encumbrances or restrictions of the state organization;

the main data on the state organization for the form established by the Agency;

the actions plan on transformation of the state organization with appendix of drafts of constituent documents of again arisen economic society;

in need of the offer on restructuring of property complex of the state organization or reorganization of the state organization by different way (merge, accession, separation, allocation) with observance of requirements of the antitrust law.

26. In case of transformation of the state organization in which there are objects and property of civil protection and mobilization appointment, archive documents, objects of material cultural heritage and intellectual property items, documents relating according to the legislation to the state secrets the Commission is represented in addition to the documents specified in Item 25 of this provision, the relevant information on these objects and property, the offer on their further use, and also accomplishment of mobilization tasks.

27. The property of the transformed state organization, not privatizeable if other is not established by the legislation, is transferred to free use to again arisen economic society with condition of its further use according to its appointment.

28. In time at least seven working days after representation by the Commission of materials and documents in the Agency or territorial administration:

in the presence of essential shortcomings of the prepared materials and documents returns them to the Commission on completion with indication of return reasons and establishment of term of their repeated representation, but no more than ten working days from the moment of return. If in case of repeated representation by the Commission of materials and documents noted defects were not eliminated (or are eliminated not completely), the Commission is dismissed and is appointed new;

in case of compliance of the submitted documents to requirements of Items 25 and 26 of this provision approves the plan of transformation of the state organization, signs the contract with the estimative organization for evaluating the transformed state organization in the procedure established by the legislation.

29. Aggregate term of work of the Commission shall not exceed two months from the moment of its education. The term of work of the Commission can be extended by the decision of the Agency or territorial administration, but no more than for one month.

30. For the purpose of ensuring steady post-privatization functioning and financial and economic provision of again arisen economic society, reducing uninvolved in the main production of property and the equipment, increase in its investment appeal and liquidity of implementable shares (shares) belonging to the state in its authorized fund (authorized capital) preprivatization preparation of the transformed state organization with involvement of specialized financial, technical and other organizations as independent consultants on the basis of the agreements signed by the Agency or territorial administration can be carried out.

The decision on carrying out preprivatization preparation of the state organization included in the privatization program is accepted by board of the Agency or the territorial contest committee (on the state organizations transformed according to the privatization program approved by the decision of the Chairman of the board of Ministers of the Republic of Karakalpakstan or hokimama of areas and Tashkent) in coordination with the relevant state body which structure includes the transformed state organization (or which is founder of the state organization). At the same time the decision on carrying out preprivatization preparation of the state organizations of the leading industries of economy is made by State commission on holding tenders in case of sale of state-owned property.

31. From the moment of approval of the privatization program and before the end of process of transformation of the state organization it is forbidden:

perform reorganization (merge, accession, separation, allocation) and liquidation of the state organization (except for carrying out insolvency proceedings in accordance with the established procedure) her founders;

alienate, write off, pledge, bring in authorized funds of legal entities or to dispose otherwise of the fixed assets of the transformed state organization which are at it on the right of operational management.

IV. Acceptance and execution of the order on transformation of the state organization

32. The agency in accordance with the terms and the terms determined in privatization programs determines the body (The agency or territorial administration) performing transformation.

33. Based on the valuation report of the transformed state organization and documents submitted by the Commission, the Agency or territorial administration issues the order on transformation of the state organization.

When transforming the state organization to joint-stock company the order its charter, the size of authorized fund and the prospectus of the issue of shares prepared according to requirements of the legislation at the same time affirm.

When transforming the state organization to limited liability company the order its charter, the size of authorized fund (authorized capital) and the share in authorized fund kept in property of the state and which is subject to realization to investors at the same time affirm.

34. The order on transformation of the state organization, the charter, the prospectus of the issue of shares of the transformed state organization are signed (affirm) the authorized head of the Agency or territorial administration, extend and stored in the procedure established by the legislation.

35. In the order on transformation of the state organization specific completion dates of actions for the organization of activities of again arisen economic society and responsible persons are specified.

At the same time obligations on state registration of again arisen economic society are assigned to the head of the transformed state organization.

36. In case of state registration of the joint-stock companies created according to this Provision based on the state companies, the registration fees and other payments are not levied.

37. The agency or territorial administration within three working days sends to Agency on market development of the capital of the Republic of Uzbekistan:

order on transformation of the state organization to joint-stock company;

prospectus of the issue of shares of educated joint-stock company.

For state registration of share issue by executive body of educated joint-stock company the document package is created in accordance with the established procedure and goes to Agency on market development of the capital of the Republic of Uzbekistan.

38. State registration of share issue of again arisen economic society in the form of joint-stock company, is made by Agency on market development of the capital of the Republic of Uzbekistan gratuitously.

39. The Central Securities Depository performs registration the share issue which underwent state registration in terms and according to the procedure, established by the legislation.

40. The information message about transformation of the state organization to economic society is published by the Agency or territorial administration in mass media within thirty days from signature date of the order on transformation of the state organization.

41. Election (appointment) of governing bodies of again arisen economic society is performed in ten-day time from the moment of its state registration.

Governing bodies of the transformed state organization continue to be effective before their re-election.

42. Again arisen economic society is legal successor of the rights and obligations (including social guarantees for his workers) which are available for the state organization at the time of transformation.

V. The conclusion of agreements when transforming the state organizations

43. When transforming the state organizations between the Agency or territorial administration and the head of executive body of again arisen economic society the agreement on accomplishment of certain obligations can be signed.

44. Accomplishment during certain term of the following obligations on can be terms of agreement about cross liabilities:

to preserving certain profile of activities of again arisen economic society;

to preserving or increase in quantity of workplaces;

to improvement of working conditions and social providing employees of again arisen economic society;

implementation of measures in the sphere of providing ecological safety;

to preserving and content in proper condition objects and property of civil protection, mobilization, social and nature protection appointment.

In the agreement on cross liabilities the established encumbrances and restrictions influencing authority to dispose of again arisen economic society, and condition of their observance in type are also reflected:

prohibition on change of the main purpose of the parcel of land, the right on which passed as a result of transformation to again arisen economic society;

obligations on providing easy access, pass, journey, possibility of placement of land, geodetic and other marks, possibilities of laying and use of power lines, communication and pipelines, water supply systems, the sewerage and melioration;

to observance of nature protection requirements;

to other encumbrances or restrictions set by the legislation.

45. Control and monitoring of accomplishment of terms of agreement are performed by the Agency or territorial administration.

VI. Procedure for issue of the state order certifying the property right

46. The property right to property of the transformed state organization arises from the moment of obtaining by again arisen economic society of the state warrant for the property right issued by the Agency in form according to appendix No. 10 to this Provision.

The form of the state warrant for the property right is made on special paper, has numbering and is the document of the strict reporting.

47. The state warrant for the property right is issued to again arisen economic society within no more than ten working days after sformirovaniye of governing bodies of this society.

48. For issue of the state warrant for the property right the state fee is not collected.

49. In case of loss of the state warrant for the property right its duplicate is issued within two weeks based on the corresponding statement.

The reference from Lost-and-Found is enclosed to the application for issue of the duplicate.

After issue of the duplicate of the state warrant for the property right by the Agency or territorial administration in time no more than five working days are published in the periodic printing edition the announcement of invalidity of the lost state warrant for the property right.

VII. Implementation of the state shares (shares) of the economic societies created by transformation of the state organizations

50. Implementation of the state shares of the joint-stock companies created by transformation of the state organizations is performed according to Regulations on procedure for implementation of the state shares.

51. Realization of the state shares of the limited liability companies created by transformation of the state organizations is performed according to Regulations on procedure for realization of the state shares in authorized capitals (authorized capital) of limited liability companies.

VIII. Final provision

52. Persons guilty of violation of requirements of this provision bear responsibility according to the legislation.

Appendix No. 1

to Regulations on procedure for transformation of the state companies and public institutions in economic societies

Scheme of transformation of the state companies and organizations to economic societies

Приложение 1 к Положению №1 Постановления КМ от 06.10.2014 г. №279

 

Appendix No. 2

to Regulations on procedure for transformation of the state companies and public institutions in economic societies

Registration No. ________

__________________________________________________

(Agency on management of the state assets or its territorial administration)

"___" _______________.

REQUEST

on transformation of the state company (public institution)

I ask to make the decision on transformation

________________________________________________________________________

(name of the state company (public institution)

 

 

 

 

at the address

_________________________________

 

 

(address, phone, fax)

________________________________________________________________________

Founder:

 

 

 

________________________________________________________________________

Information about the applicant:

________________________________________________________________________

(name of the non-state legal entity)

________________________________________________________________________

(address, phone, fax)

________________________________________________________________________

(registration number and date of state registration)

________________________________________________________________________

(form of business)

_______________________________________________________________________

(share of the state in authorized fund as a percentage, in the presence)

 

 

 

 

Person, authorized to sign the request

________________________________________________________________________

(First name, middle initial, last name, position)

 

 

 

 

(signature)

 

 

 

M.P.

 

 

 

"___" _______________.

Note. When filling the document of correction and erasure are not allowed.

Appendix No. 3

to Regulations on procedure for transformation of the state companies and public institutions in economic societies

Registration No. ________

__________________________________________________

(Agency on management of the state assets or its territorial administration)

"___" _______________.

REQUEST

on transformation of the state company (public institution)

I ask to make the decision on transformation

________________________________________________________________________

(name of the state company (public institution)

 

 

 

 

at the address:

___________________________________

 

 

(address, phone, fax)

________________________________________________________________________

Founder:

 

 

 

________________________________________________________________________

Information about the applicant:

________________________________________________________________________

(First name, middle initial, last name physical person)

________________________________________________________________________

(address, phone, fax)

________________________________________________________________________

(series, passport number by whom and when it is issued)

 

 

 

 

(signature)

 

 

 

"___" _______________.

Note. When filling the document of correction and erasure are not allowed.

Appendix No. 4

to Regulations on procedure for transformation of the state companies and public institutions in economic societies

ACT

inventory counts of fixed assets

___________________________________________________________________

(name of the state company (public institution)

as of "___" ____________.

 

 

 

 

 

 

 

 

 

 

 

No. of payment order

Inv. No.

Name of inventory object, technical characteristic

Year of construction or date of commissioning, month and year

Quantity

Book value, one thousand bags.

Depreciation

Residual cost, one thousand bags.

Building area of sq.m *

Note

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