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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of February 9, 2017 No. 66

About measures for implementation of the Resolution of the President of the Republic of Uzbekistan of October 28, 2016 No. PP-2646 "About enhancement of system of state registration and registration of subjects of entrepreneurship"

(as amended on 13-10-2023)

According to the resolution of the President of the Republic of Uzbekistan of October 28, 2016 "About enhancement of system of state registration and registration of subjects of entrepreneurship" the Cabinet of Ministers decides No. PP-2646:

1. Approve and enact since April 1, 2017:

Regulations on procedure for state registration of subjects of entrepreneurship according to appendix No. 1;

Regulations on procedure for maintaining the Unified state register of subjects of entrepreneurship according to appendix No. 2;

Regulations of interaction of registering bodies and authorized organizations in case of state registration of subjects of entrepreneurship according to appendix No. 3.

2. Make since April 1, 2017 changes and amendments to some decisions of the Government of the Republic of Uzbekistan according to appendix No. 4.

3. Recognize voided since April 1, 2017 some decisions of the Government of the Republic of Uzbekistan according to appendix No. 5.

To the Ministry of Justice of the Republic of Uzbekistan together with the ministries and departments in two-month time to bring the regulatory legal acts adopted by them into accord with this resolution.

4. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan R. S. Azimov.

President of the Republic of Uzbekistan
Shavkat Mirziyoev

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 9, 2017 No. 66

Regulations on procedure for state registration of subjects of entrepreneurship

Chapter 1. General provisions

1. This Provision determines procedure and terms of state registration of legal entities and physical persons - subjects of entrepreneurship.

Requirements of this provision do not extend to state registration of banks and credit bureaus, their representations and branches, and also non-state non-profit organizations which state registration is performed according to the procedure, established by the legislation.

2. State registration and re-registration of subjects of entrepreneurship is performed by the Centers of the state services (further - registering bodies).

3. In this Provision the following basic concepts are used:

the automated system of state registration and registration of subjects of entrepreneurship (further - System) - the complex of information and communication technologies providing state registration of subjects of entrepreneurship, and also electronic interaction of registering bodies and authorized organizations in this process;

state registration of the subject of entrepreneurship (state registration) - the actions of registering body connected with inclusion in the procedure for registration these subjects of entrepreneurship established by the legislation in the Unified state register of subjects of entrepreneurship (further - the Register);

the state re-registration of the subject of entrepreneurship (re-registration) - the actions of registering body connected with change in the procedure for registration these subjects of entrepreneurship established by the legislation in the Register;

the applicant - physical person or legal entity or the person authorized in accordance with the established procedure by them making in registering bodies the corresponding inquiry, the statement;

the general reference book - the reference book consolidated in System including the qualifiers allowing to provide automatic updating by registering bodies and authorized organizations of the data which are in System and also systematization of the registration data represented by applicants by means of System;

the user Sistemy is the employee of registering body or authorized organization, the order of the head the representative on use of Sistema for accomplishment of the tasks and functions assigned to relevant organ;

the certificate on state registration of the subject of entrepreneurship (further - the registration certificate) - the electronic document of the established sample certifying the fact of entering of registration data into the Register;

authorized organizations - state bodies and other organizations to which acts of the legislation assign functions on the state registration in bodies of the State Tax Service, bodies of the state statistics, on issue to subjects of entrepreneurship of documents of allowing nature, the license, and also the subjects of entrepreneurship performing estimative, printing, banking activity according to the procedure, established by the legislation;

repository of electronic documents - the information resource providing processing and storage of electronic documents, and also providing means of check of authenticity of the electronic document created on the Single portal of interactive state services of the Republic of Uzbekistan (further - the Single portal);

Unified information system of identification of users (Single system of identification) - the state information system providing authentic identification of physical persons and legal entities, and also the authorized access for officials to information systems and databases in case of interdepartmental electronic interaction.

4. State registration are performed according to the scheme according to appendix No. 1 to this Provision by one of the following methods:

through the world information Internet in the Single portal by means of System;

in attendance procedure, according to Chapter 5 of this provision.

5. The state fees at the rates provided by the Law of the Republic of Uzbekistan "About the state fee" are paid for state registration, re-registration of subjects of entrepreneurship.

Charges at the rates provided by appendix No. 2 to this Provision are paid for issue of data from the Unified state register of subjects of entrepreneurship respectively.

Data from the Unified state register of subjects of entrepreneurship are provided to the judicial managing director without implementation of advance payment, the established payment is compensated according to the procedure, provided by part one of article 150 of the Law of the Republic of Uzbekistan "About insolvency".

State registration and re-registration are performed in the terms provided by appendix No. 3 to this Provision.

In case of payment by means of electronic payment systems of the state fees and charges from the applicant commission charges in the amount of one percent from the amount which is in proportion distributed according to the procedure, established by Regulations of interaction of registering bodies and authorized organizations in case of state registration of subjects of entrepreneurship keep.

6. By means of System are performed:

state registration;

state registration of the subjects of entrepreneurship created by reorganization;

re-registration;

payment of the state fee for state registration, re-registration;

access to the registration certificate;

filing of application about temporary suspension or renewal of activities of the individual entrepreneur;

interaction of registering bodies and authorized organizations in accordance with the established procedure;

notification of registering bodies and authorized organizations, and also bodies of the public and economic board on address modification (locations, residences) subject of entrepreneurship;

opening and access to personal "office of the subject of entrepreneurship";

request and receipt of information on specific subjects of entrepreneurship in the form of the statement, the required document, the list of subjects of entrepreneurship, or the certificate of lack of required information and (or) the document from the Register.

7. For implementation of the actions provided in Item 6 of this provision, the applicant shall get access respectively to personal office of the user or personal "office of the subject of entrepreneurship" in the Single portal according to the procedure provided by the Regulations on unified information system of identification of users of the Electronic Government system approved by the resolution of the Cabinet of Ministers of December 17, 2015 No. 365.

8. After receipt of access to personal office of the user or personal office of "the subject of entrepreneurship" the applicant for implementation of the actions provided in Item 6 of this provision chooses the state service - "business registration".

Chapter 2. Procedure for state registration

9. For state registration the applicant chooses the state service - "business registration" and creates request for its rendering (further - request) according to the established application forms for state registration:

subjects of entrepreneurship without formation of legal entity (further - individual entrepreneurs) according to appendix No. 4 to this Provision;

subjects of entrepreneurship - legal entities according to appendix No. 5 to this Provision.

10. Forming by the applicant of request is performed step by step. The applicant creates request by input required and the choice of the data offered by System of the general reference book. The applicant has the right to suspend or continue forming of request at any stage.

The data which are available in the state information resources are created by System automatically, including the authentic personal data of the applicant obtained from the Single system of identification. The system at each stage keeps the data created in request.

11. The choice by the applicant of trade name is performed when forming request from available trade names on the Latin alphabet which verification regarding identity is performed by System automatically.

The applicant in case of the choice of trade name by him bears responsibility according to the procedure, established by the legislation, for observance of requirements of the Law of the Republic of Uzbekistan "About trade names", and also other acts of the legislation on names of legal entities.

When forming request, the chosen trade name remains for the applicant Sistema for 60 calendar days.

If the applicant did not send the created inquiry to registering body during the term specified in this Item, the designation of trade name chosen by the applicant is cancelled by System. At the same time other data created by the applicant remain System respectively in personal office of the user or personal "office of the subject of entrepreneurship" with possibility of their viewing, change and continuation of forming of request.

The repeated choice of trade name is performed according to the procedure, provided by this Provision.

12. For state registration by means of System are applied to request respectively:

constituent documents in state language;

the decision of antimonopoly authority on issue of prior consent - for business entities with participation of the state and their affiliates;

the transfer act - in case of merge;

the separation balance sheet - in case of separation and allocation.

The transfer act and the separation balance sheet shall contain regulations on legal succession according to all obligations of the reorganized legal entities concerning all of them of creditors and debtors, including the obligations disputed by the parties - for the subjects of entrepreneurship created by reorganization.

If the separation balance sheet does not give the chance to determine the legal successor of the reorganized legal entity, then again arisen legal entities bear joint liability according to obligations of the reorganized legal entity to his creditors.

Applicants have the right to process constituent documents at discretion on the basis of standard forms or in other forms taking into account requirements of the legislation.

13. The documents attached to request shall be in the form of the electronic document.

The direction in registering body of request with appendix of the scanned documents, in the form of copies, in the PDF format (portable document format), drawn up on papers is allowed.

The inquiries sent state registration (re-registration):

subjects of entrepreneurship - legal entities with two and more founders shall contain the consent of each founder on entry into the list of founders by the confirmation directed by System of the notification to the e-mail address of the founder and identification of the founder specified in request, except for persons who are not citizens of the Republic of Uzbekistan through the Single system of identification;

the companies with foreign investments, the companies with participation of the foreign capital, other subjects of entrepreneurship - legal entities as a part of whose founders persons who are not citizens of the Republic of Uzbekistan are specified are signed by the digital signature (further - the EDS) specified persons without fail.

Each separate document sent to registering body shall be attached to request in the form of the separate file providing preserving all authentic signs of authenticity (at least 200 dots per inch). The size of one file shall not exceed 10 MB.

14. The applicant after completion of forming of request performs payment of the state fee which rate is determined by System automatically according to the Law of the Republic of Uzbekistan "About the state fee", by means of the methods of their payment offered by System:

through the world information Internet in real time - clearing settlement by means of bank card and the connected service "SMS informing";

through cash desks of banks of the Republic of Uzbekistan - cash or clearing settlement with indication of unique number of the request created by System;

clearing settlement by means of bank transfer from the settlement account.

The paid state fee is not subject to return, except for excessively paid amounts according to the procedure, established by the legislation.

15. From the moment of payment of the state fee created taking into account requirements of Items 9 - the 14th this provision the request remains Sistema who automatically sends to personal office of the ranking officer of registering body - the user Sistema the notification.

16. The system in the terms provided for state registration by appendix No. 3 to this Provision verifies the data provided by the applicant and in case of their compliance to the data containing in the corresponding databases of System:

performs state registration by automatic entering of the corresponding records into the Register;

creates the registration certificate in the corresponding form according to appendices No. 6, 6a, 6b to this Provision;

keeps the registration certificate, constituent documents in repository of electronic documents;

creates and keeps in repository of electronic documents refusal in state registration, re-registration.

The notification in the form of the reference (hyperlink) to the registration certificate, constituent documents - for legal entities, EDSs of the ranking officer of registering body – the user Sistema are automatically signed and go to personal "office of the subject of entrepreneurship", and also to the e-mail address specified in request.

Time of issue of the electronic documents provided by this Item the moment of receipt of the relevant electronic documents by the applicant through personal "office of the subject of entrepreneurship" in the Single portal is considered.

17. The registration certificate, constituent documents shall contain the EDS of the ranking officer of registering body - the user Sistema and QR code (matrix bar code), and also identification numbers.

The QR code in case of its reading by the corresponding software and hardware shall contain identification certificate numbers about registration, constituent documents and the reference (hyperlink) to repository of electronic documents on the Single portal.

In the registration certificate of the individual entrepreneur, subject of family entrepreneurship the photo of physical person shall be displayed.

18. The applicant has the right to get access to the registration certificate, constituent documents - for the legal entity, stored in repository of electronic documents on the Single portal, and also to print out their copies on paper.

19. After state registration the subject of entrepreneurship addresses to banks for opening of bank accounts according to the procedure, established by the legislation. Opening of the bank account does not require submission of originals and copies of the registration certificate, constituent documents.

Banks can remotely open bank accounts in national and foreign currency for legal entities whose founders are residents of the Republic of Uzbekistan, and to individual entrepreneurs in the course of their state registration in the presence of necessary conditions for remote identification of applicants according to requirements of Group on development of financial measures for anti-money laundering (FATF) for counteraction of legalization of the income.

Opening of the bank account is performed by acceptance of the offer of bank account agreement placed in System.

At the same time these subjects of entrepreneurship to bank before implementation of payments represent at any time two copies of cards with specimen signatures according to the procedure and in form, established by the legislation, and also the identity document (the passport or the document replacing it) of person having powers of signing of cash settlement documents from their name. From the identity document, the copy is made, the original returns.

20. In case of state registration of subjects of entrepreneurship, and also implementation of business activity production of seals and stamps, and also their sketches is not required by them.

Chapter 3. Procedure for re-registration

21. Changes and amendments of registration data on the list according to appendix No. 7 to this Provision are subject to obligatory re-registration.

At the same time in case of change of the location (postal address) of change and the additions made to registration data of legal entities - subjects of entrepreneurship, in the absence of the tax debt exceeding the three hundredfold size of basic settlement size are performed in notifying procedure for registering body.

After the choice of the state service the applicant during the term provided by appendix No. 7 to this Provision creates request taking into account the requirements provided by Items 10, of 11, of 13, of the 14th this provision for the established application forms for re-registration according to appendices No. 8 and 9 to this Provision.

At the same time in case of re-registration of the legal entity - the subject of entrepreneurship as auditing organization, the applicant at will can direct to authorized body the application in composite procedure for inclusion of auditing organization in the Register of auditing organizations.

For re-registration the following documents are attached to request by means of System taking into account requirements of Item 13 of this provision:

the decision of authorized body of management of the subject of entrepreneurship on modification and (or) amendments in the constituent documents connected with increase in the size of authorized fund, transition of share (contribution);

constituent documents in state language;

the transfer act - in case of accession and transformation;

the separation balance sheet - in case of allocation;

the documents confirming introduction of additional deposits by members of the subject of entrepreneurship - the legal entity and deposits the third parties in complete size (the bank certificate of money transfer, the customs paper confirming import of property to the territory of the Republic of Uzbekistan, the act of transfer obtaining of property, the document confirming the property right to the imported property, etc.) - in case of increase in the size of authorized fund;

the document (the agreement, the letter, legal succession, inheritance, the judgment, etc.), confirmatory transition of share (contribution), - upon transition of share (contribution) to other person. At the same time in case of re-registration of the changes and amendments connected with transfer of share (contribution) to other person availability of consent of each founder by the notification sent by System to the e-mail address specified in request of founders and confirmations of identification through the Single system of identification is obligatory;

the document (the agreement, the letter, legal succession, inheritance, the judgment, etc.), confirmatory transition of share (contribution), - upon transition of share (contribution):

the document confirming the consent of creditor meeting or creditor committee - by reorganization of the legal entities who are in process of judicial sanitation (merge, accession, separation, allocation, transformation).

The transfer act and the separation balance sheet shall contain regulations on legal succession according to all obligations of the reorganized legal entities concerning all of them of creditors and debtors, including the obligations disputed by the parties - for the subjects of entrepreneurship created by reorganization.

If the separation balance sheet does not give the chance to determine the legal successor of the reorganized legal entity, then again arisen legal entities bear joint liability according to obligations of the reorganized legal entity to his creditors.

Changes and (or) additions made to constituent documents are made by adoption of constituent documents in the new edition taking into account the right provided in paragraph seven of Item 12 of this provision.

The documents provided in paragraph four regarding transition of share (contribution), paragraphs the ninth, tenth this Item are not required in case of re-registration of joint-stock company.

22. From the moment of payment of the state fee the System makes the actions provided in Items 15 and 16 of this provision.

23. In case of the re-registration connected with increase in the size of authorized fund, transition of share (contribution), the ranking officer of registering body - the user Sistemy after receipt of the notification shall consider and process in the terms provided by appendix No. 3 to this Provision, contents of the submitted documents regarding lack of the bases for refusal specified in Item 44 this provision.

At the same time consideration and document handling is performed at the request of the applicant generally or the accelerated procedure. For accelerated prosecution of documents the additional payment in the amount of one basic settlement size is levied from the applicant in addition to the state fee. This additional payment goes to the account of off-budget fund of the Agency of the state services under the Ministry of Justice of the Republic of Uzbekistan.

In case of not consideration in the accelerated procedure for the documents sent for consideration and processing in the accelerated procedure, the amount of additional payment shall be returned to the applicant.

24. The ranking officer of registering body - the user Sistemy in terms, installed by the legislation for consideration and processing of request for the re-registration connected with increase in the size of authorized fund, transition of share (contribution) in cases:

creates compliance of data and documents to requirements of the legislation and confirms entering of record into the Register by means of System, at the same time the System makes actions, stipulated in Item the 16th this provision;

discrepancies of data and documents to requirements of the legislation performs the actions provided in Item 47 of this provision.

Chapter 4. State registration of the reorganized subject of entrepreneurship - the legal entity

25. State registration, re-registration of subjects of entrepreneurship - the legal entities created by reorganization is performed by means of System.

26. By reorganization of the subject of entrepreneurship - the legal entity in the way:

allocations - concerning the reorganized subject of entrepreneurship - the legal entity the re-registration connected with its constituent documents, and concerning the allocated subject of entrepreneurship - the legal entity - state registration of the newly created subject of entrepreneurship - the legal entity is performed;

accessions - the re-registration connected with constituent documents of the subject of entrepreneurship - the legal entity to whom accession, with entering of record into the Register about the termination of activities of the attached legal entity is performed is performed;

merges, separations and transformations - state registration of newly created subjects of entrepreneurship - legal entities is performed.

27. State registration of subjects of entrepreneurship - the legal entities created by reorganization is performed according to the procedure, provided respectively by Chapters 2 and 3 of this provision.

State registration of again arisen legal entities is performed by registering body after cancellation of state registration of issue of securities of the joint-stock company, and also its exception of the Register liquidated as a result of reorganization.

28. To sending an inquiry or the statement for state registration, re-registration by the reorganized subject of entrepreneurship legal entity on the Single portal the message on reorganization for acquaintance of creditors which is drawn up according to appendix No. 10 to this Provision is published. At the same time the publication of the specified message in printing mass media is not required.

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