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Ministry of Justice of Ukraine

February 19, 2015

No. 195/26640

ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of February 9, 2015 No. 163

About approval of the Procedure for coordination by state bodies of privatization of conditions of agreements of pledge of property and mortgage

According to the Civil code of Ukraine, the Economic code of Ukraine, article 27 of the Law of Ukraine "About privatization of state-owned property", to article 5 of the Law of Ukraine "About Fund of state-owned property of Ukraine", the Laws of Ukraine "About pledge", "About mortgage", "About joint-stock companies", "About management of objects of state-owned property", "About the State program of privatization" and for the purpose of reduction of regulatory legal acts of Fund of state-owned property of Ukraine in compliance with requirements of the legislation of Ukraine I order:

1. Approve the Procedure for coordination by state bodies of privatization of conditions of agreements of pledge of property and mortgage it (is applied).

2. Provide regional department of Fund of state-owned property of Ukraine powers on agreement negotiation of pledge of property and mortgage of the economic societies relating to the sphere of their management.

3. Declare invalid the order of Fund of state-owned property of Ukraine of February 6, 2001 No. 163 "About coordination of conditions of agreements of pledge of property by privatization authorities", registered in the Ministry of Justice of Ukraine on February 26, 2001 for No. 171/5362 (with changes).

4. To provide to management of financial, property control and accounting of corporate laws of the state of Corporate management department submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

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

6. To impose control over the implementation of this order on the vice-chairman of Fund of state-owned property of Ukraine according to distribution of functional obligations.

Acting as Chairman Fonda 

D. Parfenenko 

Chairman of the Public regulatory service of Ukraine

Ksenia Lyapina

Approved by the Order of Fund of state-owned property of Ukraine of February 9, 2015, No. 163

Procedure for coordination by state bodies of privatization of conditions of agreements of pledge of property and mortgage

I. General provisions

1. This Procedure is developed according to the Civil code of Ukraine, the Economic code of Ukraine, article 27 of the Law of Ukraine "About privatization of state-owned property", article 5 of the Law of Ukraine "About Fund of state-owned property of Ukraine", the Laws of Ukraine "About pledge", "About mortgage", "About joint-stock companies", "About management of objects of state-owned property", "About the State program of privatization".

2. This Procedure determines the basic principles of acceptance of privatization of relevant decisions by state bodies about agreement negotiation of pledge of property and/or mortgage.

3. Action of this Procedure extends to the state companies on which the decision on privatization of property, and economic societies in which authorized capital there are shares (shares, shares) belonging to the state (further - the Company) and which are in management of Fund of state-owned property of Ukraine, regional departments of Fund of state-owned property of Ukraine (further - regional departments) is made.

4. If the Company acts as the guarantor (the property guarantor) of return of the raised funds of other subject of business activity in case of decision making about agreement negotiation of pledge of property and/or mortgage, the Fund of state-owned property of Ukraine (regional department) is guided by this Procedure.

II. Procedure for submission to Fund of state-owned property of Ukraine (regional departments) of the documents necessary for decision making about agreement negotiation of pledge of property and/or mortgage

1. The company for receipt of the decision on agreement negotiation of pledge of property and/or mortgage addresses to Fund of state-owned property of Ukraine (regional department) with the corresponding written application.

2. Documents which are filed to Fund of state-owned property of Ukraine (regional department) for consideration and agreement negotiation of pledge of property and/or mortgage are signed by the head and the chief accountant of the Company and sealed (in the presence).

3. The following documents are enclosed to the application:

1) the decision of relevant organ of management of the Company according to the charter of the company;

2) the draft agreement of pledge of property and/or mortgage (or the pledge of property and/or mortgage concluded the agreement according to requirements of the legislation of Ukraine);

3) the draft of credit or other agreement which is provided with pledge of property and/or mortgage (or the agreement or other agreement which is provided with pledge of property or mortgage according to requirements of the legislation of Ukraine is signed);

4) the copy of the charter of the Company certified in accordance with the established procedure;

5) the card with specimen signatures of the director (his deputies, the chief accountant) certified in accordance with the established procedure;

6) the certificate of total cost of the obtained credits for the last three years as of the moment of the conclusion of the agreement of pledge of property and/or mortgage, including outstanding in the terms (terms) established by credit agreements (agreements);

7) the document certifying the property right regarding pledge of the Company.

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