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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 10, 2017 No. 143

Some questions of management of objects of state-owned property

(as amended on 15-02-2021)

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:

determination and approval of candidacies of representatives of the state in the supervisory board of Trunk Gas Pipelines of Ukraine joint-stock company are performed according to the procedure of determination and approval of candidacies of representatives of the state who are appointed in the supervisory board of society, especially important for economy, in which authorized capital 100 percent of shares (shares) belong to the state, provided according to the procedure, approved by this resolution;

before entry into force of the resolution of the Cabinet of Ministers of Ukraine of February 11, 2016 No. 97 "About approval of the Procedure for election of members of the supervisory boards of national banks" (The Official Bulletin of Ukraine, 2016, No. 16, 650) task for vote is provided to representatives of the Cabinet of Ministers of Ukraine as a part of the supervisory boards of national banks by the Art. by adoption of the order of the Cabinet of Ministers of Ukraine which project is developed and introduced by the Ministry of Finance without coordination with the interested bodies;

determination and approval of candidacies of representatives of the state in the supervisory board of the state unitary enterprise, 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.

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, approved by this resolution, it is not applied till April 30, 2020 to determination of candidates for the representatives of the state appointed in the supervisory board of joint-stock company "National joint stock company "Naftogaz of Ukraine".

Offers on the candidates for representatives of the state appointed in the supervisory board of joint-stock company "National joint stock company "Naftogaz of Ukraine" the national joint stock company "Naftogaz of Ukraine", the approved resolution of the Cabinet of Ministers of Ukraine of March 29, 2017 creates according to Regulations on the principles of forming of the supervisory board of joint-stock company "No. 232 (The Official Bulletin of Ukraine, 2017, No. 31, of the Art. 938), the Ministry of development of economy, trade and agricultural industry and submits them for consideration to the Cabinet of Ministers of Ukraine.

Determine that 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 which have strategic importance for economy and safety of the state at which at least in one year from three last years the asset cost according to the last financial reporting exceeded 2 billion hryvnias or the annual size of net income exceeded 1, 5 billion hryvnias, according to the offer of the ministry, Fonda of state-owned property, other body, exercises control of objects of state-owned property, is performed according to Items 8 and 9 of the Procedure approved by this resolution.

Determine what approved by this resolution Procedure is not applied in case of acceptance by the subject of management of objects of state-owned property of the decision on appointment to the new term of the representative of the state in the supervisory board of the state unitary enterprise which conforms to the requirements determined in the Law of Ukraine "About management of objects of state-owned property".

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.

Prime Minister of Ukraine

V. Groysman

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).

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