of February 28, 2004 No. 10
About the state companies
This Law determines legal status of the state companies, the rights and obligations of owners of their property, procedure for creation, reorganization and liquidation of the state companies.
The state unitary enterprise - the commercial organization which is not given the property right to the property assigned to it the owner.
The affiliated state enterprise - the legal entity created under other state company at the expense of part of its property.
Economic maintaining - the company limited to the corporeal right which received property from the state as the owner and performing right of possession, uses and orders of this property.
Operational management - the state company limited to the corporeal right which received property from the owner according to the purposes of the activities, tasks of the owner and purpose of property, right of possession, uses and orders of this property.
The legislation of the Republic of Tajikistan on the state companies is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by the Republic of Tajikistan.
Treat the state companies:
a) the state unitary enterprises having state-owned property on the right of economic maintaining;
b) the state companies with the right of operational management. In
dependences on type of state-owned property of the company are subdivided on:
a) the companies which are in republican property - the republican state companies;
b) the companies which are in property of public authorities on places - the municipal state companies.
The solution of the social and economic tasks determined by requirements of society and state is the main activity of the state companies.
The main objectives of the state companies are:
a) material security of defense capability of the state and protection of interests of society;
b) production of goods (works, services);
c) implementation of activities in the spheres which are function of the state.
The republican state company is created according to the decision of the Government of the Republic of Tajikistan.
The municipal state company is created by the act of local government according to the procedure, established by the legislation of the Republic of Tajikistan.
The state body which made the decision on creation of the company, or the state body of management authorized by the Government of the Republic of Tajikistan can act as the founder of the state company.
The founder who made the decision on creation of the state company having the right to authorize the relevant state bodies to perform part of the promotional rights in relation to the state companies. The rights and obligations of authorized body in relation to the state company are determined by relevant decisions of the Government of the Republic of Tajikistan or local government.
The list of the republican state companies affirms the Government of the Republic of Tajikistan.
The list of the municipal state companies affirms the corresponding chairmen of the Gorno-Badakhshan Autonomous Region, areas, cities, areas.
The state company is considered created and acquires the rights of the legal entity from the moment of its state registration.
State registration of the state companies is performed according to the Law of the Republic of Tajikistan "About state registration of legal entities and individual entrepreneurs".
The charter is the constituent document of the state company.
The charter of the state company affirms his founder or the body authorized by the founder.
The charter of the state company shall contain the following:
- type of the company (state unitary or state);
- company location;
- subject and purposes of its activities;
- competence of the supervisory board;
- powers of the head;
- operating mode;
- procedure for formation of property of the company and income distribution;
- conditions of reorganization and liquidation of the company;
- size of authorized fund and procedure for its forming;
- other provisions which are not contradicting the legislation.
In the charter relations between the company and the founder or authorized body, administration of the company and the worker shall be determined (workers, in case of the conclusion of the collective employment contract).
The trade name of the state company shall contain specifying on the owner of property, on belonging to type of state-owned property (republican or municipal).
The trade name of the company on the right of economic maintaining shall contain specifying on the fact that it is the state unitary enterprise.
The trade name of the company on the right of operational management shall contain specifying on the fact that it is state.
The state company has seal with the image of the State Emblem of the Republic of Tajikistan and trade name of the company.
The subject and types of activity of the state company are determined by his founder, are reflected in the charter of the company and shall conform to requirements of this Law and other legal acts of the Republic of Tajikistan.
Transfer by the founder or authorized body to the state companies of the state control or licensed functions is not allowed.
Implementation of activities by the company, and also making of the transactions which are not answering to the subject and types of its activities reflected in the charter by it is allowed only from the moment of entering of corresponding changes and amendments into the charter of the company according to the procedure, established by the legislation.
Making by the company of the transaction contradicting the activities purposes determined by its charter can be acknowledged as court invalid in the procedure established by the current legislation.
As state body the republican state companies, and also the body performing in relation to them functions of the person of law of state-owned property on behalf of the Republic of Tajikistan the Government of the Republic of Tajikistan or state bodies of management authorized by it acts.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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