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Ministry of Justice of Ukraine

August 26, 2015

No. 1026/27471

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of August 5, 2015 No. 921

About approval of the Procedure for consideration and submission of offers to economic court concerning candidates for arbitration managers (managing directors of sanitation, liquidators)

According to the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" and for the purpose of determination of the mechanism of consideration and submission of offers I order to economic court concerning candidates for arbitration managers (managing directors of sanitation, liquidators) for the state companies relating to the sphere of management of the Ministry of Economic Development and Trade of Ukraine and subjects of managing whose powers on management of corporate laws are performed by the Ministry of Economic Development and Trade of Ukraine in case of initiation concerning them of case on bankruptcy and in other cases provided by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt":

1. Approve the Procedure for consideration and submission of offers to economic court concerning candidates for arbitration managers (managing directors of sanitation, liquidators) which is applied.

2. And developments of the industry to submit to department of management of state-owned property this order on state registration to the Ministry of Justice of Ukraine.

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

4. To impose control over the implementation of this order on the deputy minister of economic development and trade of Ukraine of the Cake layer of R. A.

Minister of Economic Development and Trade of Ukraine

A. Abromavichus

 

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of August 5, 2015, No. 921

Procedure for consideration and submission of offers to economic court concerning candidates for arbitration managers (managing directors of sanitation, liquidators)

1. In this Procedure the mechanism of consideration and submission of offers to economic court concerning candidates for arbitration managers (managing directors of sanitation, liquidators) for the state companies relating to the sphere of management of the Ministry of Economic Development and Trade of Ukraine (further - the Ministry of Economic Development), and subjects of managing which powers on management of corporate laws are performed by the Ministry of Economic Development, in case of initiation concerning them of case on bankruptcy (further - subjects of managing) and in other cases provided by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" is determined (further - the Law).

2. Consideration and election of candidates for arbitration managers (managing directors of sanitation, liquidators) are performed by the commission of the Ministry of Economic Development on preparation of offers to economic court concerning candidates for arbitration managers (managing directors of sanitation, liquidators) (further - the commission) at its meetings.

The structure of the commission and regulations on it affirm the order of the Ministry of Economic Development.

3. Commission sessions are held as necessary.

Organizational support of activities of the commission performs department of management of state-owned property and developments of the industry.

4. Representation of offers to economic court concerning the candidate for the arbitration manager is performed based on the decision (resolution) of economic court on provision of the Ministry of Economic Development to economic court of the candidate for the arbitration manager for appointment as his managing director of sanitation, the liquidator.

5. The Ministry of Economic Development creates and posts information on the list of the companies concerning which there are bases for introduction to economic court of offers concerning candidates for arbitration managers (managing directors of sanitation, liquidators) (further - the list of the companies) on the official site.

The list of the companies prepares department of management of state-owned property and developments of the industry taking into account offers of legal department.

6. Within seven calendar days from the date of placement on the official site of information on the list of the Ministry of Economic Development companies accepts addresses concerning candidates for arbitration managers for introduction of offers to economic court concerning appointment as managing directors of sanitation or liquidators of debtors (bankrupts) (further - the address).

In information on the list of the companies posted on the official site by the Ministry of Economic Development date of completion of acceptance of addresses surely is specified.

If in the resolution of economic court the smaller term for introduction of the Ministry of Economic Development of the offer on the candidate for the arbitration manager than specified in paragraph one of this Item is determined, term can be reduced about what surely it is specified in information on the list of the companies.

7. Addresses on the candidate for the arbitration manager which are offered are considered by the commission:

creditor (creditor committee) of the debtor (bankrupt);

the arbitration manager who on own initiative showed willingness to take part in case;

employee representative of the debtor (bankrupt);

other participants of proceeedings about bankruptcy.

The address on the candidate for the arbitration manager for introduction of the offer is stated to economic court concerning appointment as the managing director of sanitation or the liquidator of the debtor (bankrupt) in writing in any form.

Are applied to the address which moves for consideration of the commission:

resolution or determination of economic court (in the presence);

the copy of the minutes of creditor committee (if the address moves creditor committee);

the statement of the arbitration manager for participation in the case of bankruptcy (appendix 1);

information on the candidate for the arbitration manager (appendix 2).

8. Appeals are sent on the postal address of the Ministry of Economic Development and can go by the telefax with obligatory subsequent their transfer by the mailing.

9. Addresses which arrived in the Ministry of Economic Development, but do not conform to the requirements determined in this Procedure, are left without consideration what in three-day time it is necessary to report to the initiator of the address about.

10. To participation in commission session arbitration managers whose candidates are given for consideration can be invited.

11. The commission chooses the candidacy for the arbitration manager which will be proposed to economic court, being guided by the following criteria:

11.1. Work experience:

at the similar companies on profile of productive activity;

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