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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of April 11, 2016 No. 858

About creation and the organization of activities of the State agency of housing construction in case of the President of the Azerbaijan Republic

Being guided by Items 5 and 32 of article 109 of the Constitution of the Azerbaijan Republic, for the purpose of satisfaction of need of citizens of the Azerbaijan Republic for residential sites, improvements of their domestic conditions, ensuring construction of the apartment buildings meeting the requirements of ecological and energy efficiency in modern architectural style, and also I decide enhancements of the public administration connected with it in the field of construction and town planning:

1. Create the State agency of housing construction in case of the President of the Azerbaijan Republic.

2. Approve "Regulations on the State agency of housing construction in case of the President of the Azerbaijan Republic" it (is applied).

3. Approve "Structure of the State agency of housing construction in case of the President of the Azerbaijan Republic" it (is applied).

4. Set limit of total number of employees of the State agency of housing construction in case of the President of the Azerbaijan Republic in 60 established posts.

5. Create MIDA Limited liability company in subordination of the State agency of housing construction in case of the President of the Azerbaijan Republic.

6. Approve the Charter of MIDA Limited liability company in subordination of the State agency of housing construction in case of the President of the Azerbaijan Republic it (is applied).

7. Approval of the Charter of MIDA Limited liability company in subordination of the State agency of housing construction in case of the President of the Azerbaijan Republic and establishment of the authorized capital, and also reorganization and liquidation of Society is performed by the President of the Azerbaijan Republic.

8. Charge implementation of powers of general meeting of MIDA Limited liability company in subordination of the State agency of housing construction in case of the President of the Azerbaijan Republic to the following state bodies:

8.1. To the state agency of housing construction in case of the President of the Azerbaijan Republic:

8.1.1. establishment of structure, limit of number of persons employed, salary system and approval of expense budget of Society;

8.1.2. creation, reorganization or liquidation of structures with the status of the legal entity (affiliated and dependent societies) in subordination of Society;

8.1.3. creation of executive bodies of Society, determination and premature termination of their powers;

8.1.4. position assignment and dismissal of the head of executive body of Society, his deputies, heads of representations and branches, and also the structures which are under its supervision;

8.1.5. election of the supervisory board of Society;

8.1.6. determination of the directions of development of Society;

8.1.7. approval of annual statements, balance sheets, accounts of profit and losses of Society, profit distribution and losses;

8.1.8. decision making about the conclusion according to the conclusion of the independent auditor with involved person of the transaction which cost constitutes 5 percent and still the most part of assets of Society;

8.1.9. the solution of other questions carried by the Civil code of the Azerbaijan Republic to powers of general meeting, except for specified in this Decree.

8.2. Regarding consent on creation and liquidation of representations and branches of Society - to the State committee on property questions of the Azerbaijan Republic based on offers of the State agency of housing construction in case of the President of the Azerbaijan Republic.

9. Determine that:

9.1. contractors of the apartment buildings built at the expense of means of MIDA Limited liability company get out by tender according to the procedure, established by the Law of the Azerbaijan Republic "About public procurements";

9.2. stages of construction works at which implementation of payments to contractors of the apartment buildings which are under construction at the expense of means of MIDA Limited liability company on complete works is allowed and conditions of payment are established by the State agency of housing construction in case of the President of the Azerbaijan Republic.

9.3. For the purpose of ensuring agreement performance, concluded in the future with contractors which will conduct construction works of the apartment buildings which are under construction at the expense of means of MIDA Limited liability company and taking into account the cost of the estimate of works, the bank guarantee in the sum determined by the State agency of housing construction in case of the President of the Azerbaijan Republic and reflected in the agreement signed with contractors is required.

10. To the Cabinet of Ministers of the Azerbaijan Republic:

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