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"

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.

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 and charges at the rates provided by appendix No. 2 to this Provision are paid for state registration, re-registration of subjects of entrepreneurship, issue of data from the Unified state register of subjects of entrepreneurship respectively.

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, the charges provided by appendix No. 2 to this Provision 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 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 appendix No. 2 to this Provision, 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.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info