It is registered
Ministry of Justice
Republic of Uzbekistan
On August 1, 2016 No. 1473-2
of July 8, 2016 No. No. 45-1, 01/09-26/39-1
About modification and amendments in the Resolution "About Approval of the Regulations on Procedure of Activities for Management of the State Blocks of Shares (Shares) in Authorized Capital of Economic Societies"
According to the laws of the Republic of Uzbekistan "About joint-stock companies and protection of shareholder rights", "About societies with the limited and accessorial liability", the Presidential decree of the Republic of Uzbekistan of November 13, 2012 No. UP-4483 "About Formation of the State Committee of the Republic of Uzbekistan on Privatization, Demonopolization and Development of the Competition", resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of April 19, 2003 No. 189 "About measures for enhancement of corporate management by the privatized companies", of November 14, 2012 No. 322 "About the organization of activities of the State committee of the Republic of Uzbekistan for privatization, demonopolization and development of the competition", of December 30, 2012 No. 374 "About measures for the organization of activities of the State committee of the Republic of Uzbekistan for privatization, to demonopolization and development of the competition" and of June 11, 2013 "About measures for the organization of activities of the Center for management of the state assets under the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition" the Ministry of Finance of the Republic of Uzbekistan and the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition decide No. 165:
1. Make changes and addition to the resolution of the Ministry of Finance of the Republic of Uzbekistan and the State committee of the Republic of Uzbekistan on management of state-owned property and support of entrepreneurship of March 14, 2005 No. No. 33, 01/06-18/02 "About approval of the Regulations on procedure of activities for management of the state blocks of shares (shares) in authorized capital of economic societies" (рег. No. 1473 of April 27, 2005) (Collection of the legislation of the Republic of Uzbekistan, 2005, Art. No. 17-18, 132), according to appendix.
2. This resolution becomes effective from the date of its official publication.
|
Minister of Finance |
R. Azimov |
|
Chairman of the State committee on privatization, demonopolization and development of the competition |
D. Hidoyatov |
|
Minister of Economic Affairs |
G. Saidov |
Appendix
to the Resolution of the Ministry of Finance of the Republic of Uzbekistan and the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition of July 8, 2016 No. No. 45-1, 01/09-26/39-1
1. State preamble in the following edition:
"According to the laws of the Republic of Uzbekistan "About joint-stock companies and protection of shareholder rights", "About societies with the limited and accessorial liability", the Presidential decree of the Republic of Uzbekistan of November 13, 2012 No. UP-4483 "About Formation of the State Committee of the Republic of Uzbekistan on Privatization, Demonopolization and Development of the Competition", resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of April 19, 2003 No. 189 "About measures for enhancement of corporate management by the privatized companies", of November 14, 2012 No. 322 "About the organization of activities of the State committee of the Republic of Uzbekistan for privatization, demonopolization and development of the competition", of December 30, 2012 No. 374 "About measures for the organization of activities of the State committee of the Republic of Uzbekistan for privatization, to demonopolization and development of the competition" and of June 11, 2013 "About measures for the organization of activities of the Center for management of the state assets under the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition" the Ministry of Finance and the State committee of the Republic of Uzbekistan on management of state-owned property and support of entrepreneurship decide No. 165:".
2. In the Provision:
a) state preamble in the following edition:
"This Provision according to the laws of the Republic of Uzbekistan "About joint-stock companies and protection of shareholder rights", "About societies with the limited and accessorial liability", the Presidential decree of the Republic of Uzbekistan of November 13, 2012 No. UP-4483 "About Formation of the State Committee of the Republic of Uzbekistan on Privatization, Demonopolization and Development of the Competition", resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of April 19, 2003 No. 189 "About measures for enhancement of corporate management by the privatized companies", of November 14, 2012 No. 322 "About the organization of activities of the State committee of the Republic of Uzbekistan for privatization, demonopolization and development of the competition", of December 30, 2012 No. 374 "About measures for the organization of activities of the State committee of the Republic of Uzbekistan for privatization, to demonopolization and development of the competition" and of June 11, 2013 No. 165 "About measures for the organization of activities of the Center for management of the state assets under the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition" determines procedure of activities for management of the state blocks of shares (shares) in authorized capitals of economic societies.".
b) state Item 1 in the following edition:
"1. For the purpose of this provision the following terms are used:
the representative of the state - the state attorney, the trustee investment assets and the bodies of the public and economic board performing activities for management of the state blocks of shares (shares) and representation of interests of the state in governing bodies of economic societies (the supervisory board, general meeting of shareholders (participants) based on the trust management agreements signed with the Center for management of the state assets under the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition (further - the Center), and also the physical persons representing the interests of the state at general meeting of shareholders (members) by proxy of the Center;
the state share - the state block of shares (share) in authorized capital of economic societies, as shareholders (founders) in which on behalf of the state act the State committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition (further - Goskomkonkurention) or the Center;
The commission - the Commission on increase in efficiency of activities of joint-stock companies and enhancement of corporate management system;
economic society - joint-stock company or society with limited (additional) liability with the state share in authorized fund.";
c) in Items 2, of 4, State Property Committee and State Property Committee to replace the 6th words respectively with words "Center" and "Center";
d) Items 5, of 9, 14 to recognize invalid;
e) to exclude from the name of the Section III of the word "with state bodies";
e) state Items 7 and 8 in the following edition:
"7. The representative of the state without fail approves previously with the Ministry of Finance of the Republic of Uzbekistan or the Ministry of Finance of the Republic of Karakalpakstan, financial managements of khokimiyats of areas and the city of Tashkent (further - territorial subdivisions of the Ministry of Finance) and/or the Center voting procedure on the questions included in the agenda of meeting of the supervisory board and/or general shareholder meeting (participants) and also in case of decision making in joint-stock company in which all common shares are owned by one shareholder:
a) with the Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision - concerning distribution of net profit of economic societies regarding the direction it on charge and dividend payout, in particular:
on the economic societies included in the List of the economic societies having strategic importance for republic economy and also on other economic societies at which the net profit in two last financial years (including reporting) averaged 50,0 of one million sum above approval of distribution of net profit of economic society is performed with the Ministry of Finance of the Republic of Uzbekistan;
on other economic societies at which the net profit in two last financial years (including reporting) averaged less 50,0 of one million sum approval of distribution of net profit is performed with its territorial subdivisions.
At the same time approval of the Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision is not required:
on economic societies where the share of the state on the last closing date of the shareholder register or on the last registration date of the charter of societies with the limited or accessorial liability constitutes up to 15% of authorized fund and the representative of the state intends to vote for dividend payout at least 50% of net profit of joint-stock company;
on economic societies at which the net profit in two last financial years (including reporting) on average did not exceed 20, one million sum and relevant organ of management of economic society the decision on the direction on dividend payout more than 50% of net profit is made;
b) with the Center for questions:
reorganization, liquidations of society, after approval of these instructions of the Ministry of Finance of the Republic of Uzbekistan (on joint-stock companies) or its territorial subdivisions (on societies with the limited or accessorial liability);
educations (elections, appointments, hiring and so forth) executive body of society, early termination of its powers;
limiting determinations of the size of the announced shares;
crushing and consolidation of shares;
increase or reduction of the size of authorized capital of society;
making of the large deals or transactions with affiliates of society provided by Chapters 8, 9 Laws of the Republic of Uzbekistan "About joint-stock companies and protection of shareholder rights" and Articles 43, 44 Laws of the Republic of Uzbekistan "About societies with the limited and accessorial liability".
On other questions the representative of the state makes decisions independently according to the legislation, the trust management agreement and the power of attorney.
8. For receipt of instructions for the questions provided in Item 7 of this provision, the representative of the state no later than ten working days after determination of date of the forthcoming meeting of the supervisory board or general shareholder meeting (participants) and also decision date in joint-stock company in which all common shares are owned by one shareholder sends to the Ministry of Finance of the Republic of Uzbekistan or to its territorial subdivision and/or to the Center the written message in form according to appendix 1 to this Provision, and also necessary information on questions of the agenda and the offers on voting procedure on the specified questions.";
g) 10, 11 and 12 to state Items in the following edition:
"10. If the meeting of the supervisory board, general shareholder meeting (participants) did not take place or the decision in joint-stock company in which all common shares are owned by one shareholder was not made, the issued instructions remain in force until holding the postponed meeting of the supervisory board, general shareholder meeting (participants), decision making in joint-stock company in which all common shares are owned by one shareholder if the representative of the state does not enter information on change of the circumstances and the facts involving need of review of the issued instructions.
11. The Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center no later than 10 working days from the date of receipt of the written message sends to the representative of the state of instruction about voting procedure for the questions entering according to this Provision its competence in form according to appendix 2 to this Provision.
At the same time, for the purpose of request of the additional information, comprehensive study of questions of the agenda and preparation of specifying to the representative of the state the term of consideration of the message can be extended by the Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center, but no later than date of meeting of the supervisory board, general shareholder meeting (participants), and also decision date in joint-stock company in which all common shares are owned by one shareholder.
12. The instructions directed to the representative of the state by the Center and the Ministry of Finance of the Republic of Uzbekistan are signed by their head or the deputy manager.
The instructions directed to the representative of the state by territorial subdivisions of the Ministry of Finance are signed by the head of the relevant territorial subdivision.
If according to the written message of the representative of the state submitted within the terms established by this Provision, the Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center do not this the corresponding instructions, the representative of the state makes decisions for the benefit of the state according to the procedure, established by the legislation.
If as a result of representation by the representative of the state of the written message with violation of the terms established by this Provision, the Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center the corresponding instructions are not this, the representative of the state has no right to participate in discussion and has no right to vote in case of acceptance by the supervisory board of society or general meeting of shareholders (participants) of the decision on the questions specified in Item 7 of this provision.
In that case, for participation at general meeting of shareholders (participants) on the questions specified in Item 7 of this provision the employee of the Center, Goskomkonkurention or his territorial authority voting by proxy goes.".
h) to add Item 13 after words of "shareholders (participants)" with words ", and also the decision made in joint-stock company in which all common shares are owned by one shareholder";
i) in Item 15 of the word "relevant organ of public administration" shall be replaced with words "The Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center";
j) in Item 16 of the word "State body" shall be replaced with words "The Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center";
k) state Item 18 in the following edition:
"18. The decision made at meeting of the supervisory board, general meeting of shareholders (participants) and also in joint-stock company in which all common shares are owned by one shareholder where the representative of the state on the questions specified in Item 7 of this provision voted without approval of the Ministry of Finance of the Republic of Uzbekistan, its territorial subdivision and/or the Center or in contradiction instructed to it can be nullified by court.";
l) in Item 19 of the word "State bodies" shall be replaced with words "The Ministry of Finance of the Republic of Uzbekistan or its territorial subdivision and/or the Center";
"20. The representative of the state can be invited to meeting of board of Goskomkonkurention either the Commission or working meeting of the Center for the report on the done work on management of the state share, to representation of interests of the state in governing bodies of economic societies, including about the measures taken for ensuring complete and adequate charge of dividends on the state share and their timely payment in the republican budget of the Republic of Uzbekistan.
The breach of agreement of trust management of the state attorney, trustee of investment assets, bodies of the public and economic board is the basis for the termination in the procedure for the trust management agreements signed with them established by the legislation.";
o) to state appendices No. No. 1 and 2 in edition according to appendices No. No. 1 and 2 to these changes and amendment.
3. These changes and amendments are approved with the Ministry of Economics of the Republic of Uzbekistan.
to the Changes and amendment brought in the resolution "About Approval of the Regulations on Procedure of Activities for Management of the State Blocks of Shares (Shares) in Authorized Capital of Economic Societies"
"Appendix No. 1
to Regulations on procedure of activities for management of the state blocks of shares (shares) in authorized capital of economic societies
|
MESSAGE | |||||||||
|
|
|
|
|
|
|
|
|
|
|
|
the state representing the interests on the state block of shares (share) in authorized capital of joint-stock company (society with the limited or accessorial liability) ______________________________________________________, | |||||||||
|
holding meeting of the observation / holding general shareholder meeting (participants) / decision making in joint-stock company in which all common shares are owned by one shareholder. | |||||||||
|
Date: _______________ Time: ____________ | |||||||||
|
|
|
|
|
|
|
|
|
|
|
|
AGENDA | |||||||||
|
1._______________________________________________________________________ | |||||||||
|
(proposals of the representative of the state on voting procedure on the specified questions) | |||||||||
|
Contact telephone number of the representative of the state: ________________________________________________________ | |||||||||
|
Date of creation of the message: _______________________________________________________________________ | |||||||||
|
Representative of the state: |
_____________ |
_____________ |
|
|
| ||||
to the Changes and amendment brought in the resolution "About Approval of the Regulations on Procedure of Activities for Management of the State Blocks of Shares (Shares) in Authorized Capital of Economic Societies"
"Appendix 2
to Regulations on procedure of activities for management of the state blocks of shares (shares) in authorized capital of economic societies
|
INSTRUCTIONS | |||||||||
|
___________________________________________________________________ | |||||||||
|
the state representing the interests on the state block of shares (share) in authorized capital of joint-stock company (society with the limited or accessorial liability) _________________________________________________________ | |||||||||
|
about voting procedure during participation of ________________________________________________________________________ _______________________________________________________________________, | |||||||||
|
in meeting of the supervisory board / at general meeting of shareholders (participants) / in case of decision making in joint-stock company in which all common shares are owned by one shareholder | |||||||||
|
carried out / accepted |
_____________________ |
|
|
|
| ||||
|
|
|
|
|
|
|
|
|
|
|
|
VOTING PROCEDURE | |||||||||
|
1. On the first question to vote |
____________________________ |
(specify words) |
| ||||||
|
2. On the second question to vote |
____________________________ |
(specify words) |
| ||||||
|
3. On the third question to vote |
____________________________ |
(specify words) |
| ||||||
|
4. On the fourth question to vote |
____________________________ for / against / to refrain |
(specify words) |
| ||||||
|
5. On the question fifth (etc.) to vote |
____________________________ for / against / to refrain |
(specify words) |
| ||||||
|
|
|
|
|
|
|
|
|
|
|
|
Head (his deputy): |
______________________ |
_____________ |
| ||||||
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Search in text CTRL-F
If you are guest on our site, you will work in Demo mode. In Demo mode you can see only first page of each document.
With full access you can
Database include more 65000 documents. You can find needed documents using search system.
For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions.
This section provides answers to questions set by users.