RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 10, 2017 No. 143

Some questions of management of objects of state-owned property

According to the subitem "f" of Item "About management of objects of state-owned property" the Cabinet of Ministers of Ukraine decides 18 parts two of article 5 of the Law of Ukraine:

1. Claim the Procedure for determination and approval of candidacies of representatives of the state who are appointed in the supervisory boards of the state unitary enterprises and those which participate in general meeting and are chosen in the supervisory boards of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state which is applied.

2. Determine that:

1) determination and approval of candidacies of representatives of the state in the supervisory board of the state unitary enterprise and economic society in which authorized capital more than 50 percent of shares (shares) belong to the state and their appointment (election) are performed with respect for the principle of variety of structure of the supervisory boards taking into account competences which independent members and representatives of the state in the supervisory boards have;

2) approved by this resolution Procedure it is not applied:

in case of determination of candidates for representatives of the state who are appointed in the supervisory board of Kryvyi Rih Heating Plant joint-stock company, and in case of determination of candidates for representatives of the state who are appointed in the supervisory board of Dnieper Combined Heat and Power Plant joint-stock company;

in case of acceptance by the subject of management of objects of state-owned property of the decision on appointment/election for the new term of the representative of the state in the supervisory board of the state unitary enterprise and economic society in which authorized capital more than 50 percent of shares (shares) belong to the state which conforms to the requirements determined in the Law of Ukraine "About management of objects of state-owned property";

to determination of candidates for representatives of the state who are appointed in the supervisory board of economic society which stocks are transferred in the authorized capital of joint-stock company "National joint stock company "Naftogaz of Ukraine".

3. Bring in resolutions of the Cabinet of Ministers of Ukraine of August 29, 2012 No. 802 "About approval of the Procedure for transformation of the state unitary commercial enterprise to joint-stock company" (The Official Bulletin of Ukraine, 2012, No. 65, Art. 2663; 2015, No. 79, the Art. 2646) and of October 30, 2014 No. 678 "About some questions of management of corporate laws of the state" (The Official Bulletin of Ukraine, 2014, No. 97, Art. 2803; 2015, No. 54, the Art. 1741, No. 62, the Art. 2034, No. 98, the Art. 3365) changes which are applied.

4. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017, No. 143

Procedure for determination and approval of candidacies of representatives of the state who are appointed in the supervisory boards of the state unitary enterprises and those which participate in general meeting and are chosen in the supervisory boards of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state

1. This Procedure establishes the procedure of determination and approval of candidacies of representatives of the state who are appointed in the supervisory boards of the state unitary enterprises (further - the companies), and those which participate in general meeting and are chosen in the supervisory boards of economic societies in which authorized capital more than 50 percent of shares (shares) belong to the state (further - societies).

2. The representative of the state appointed by the subject of management of objects of state-owned property performing functions on enterprise management or corporate laws of the state in the authorized capital of society (further - the subject of management), in structure of the supervisory board of the company or participating in general meeting or it is elected in structure of the supervisory board of society, the physical person which is selected and appointed is it (is elected) according to this Procedure (further - the representative of the state).

3. For the purposes of this Procedure the term "company, especially important for economy, society" means the company or society which is included in the list of subjects of managing of public sector of economy, especially important for economy, in which authorized capital more than 50 percent of shares (shares) belong to the state, appointment of heads and which members of the supervisory boards is performed with participation of committee to destination of heads especially important for business economics, according to appendix to the Procedure for carrying out competitive selection of heads of subjects of managing of public sector of economy approved by the resolution of the Cabinet of Ministers of Ukraine of September 3, 2008 No. 777 (The Official Bulletin of Ukraine, 2008, No. 68, Art. 2266; 2019, No. 97, Art. 3202).

4. Determination and approval of candidacies of representatives of the state which are appointed in the supervisory boards of the companies and are offered to election in the supervisory boards of societies, is performed according to regulations on the principles of forming of the supervisory board according to profile of activities and strategy of the company, society.

The specified provision affirms as the relation of the company, society in which authorized capital 100 percent of shares (shares) belong to the state, the subject of management, and concerning society in which authorized capital more than 50 percent of shares (shares) belong to the state, - general meeting of shareholders (participants) of society.

Are determined by regulations on the principles of forming of the supervisory board, in particular:

general requirements to candidates, functions of the member of the supervisory board, and also the sphere of competence and set of professional skills which the member of the supervisory board, its professional and personal qualities shall have;

need of ensuring variety of structure of the supervisory board according to requirements to candidates for position of the member of the supervisory board which shall be identical to the candidate for position of the independent member of the supervisory board of the company, society and the candidate for position of the representative of the state in the supervisory board of such company, society, except the requirements of independence for the candidate for position of the independent member of the supervisory board determined by the law.

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