Article 13. Granting consent to certain actions by a natural monopoly entity The Law on Natural Monopolies

Home / RLA / Article 13. Granting consent to certain actions by a natural monopoly entity The Law on Natural Monopolies

1. A natural monopoly entity must obtain the consent of the authorized body for:

1) making transactions with property used to provide regulated services if the book value of the property recorded in the balance sheet at the beginning of the current year exceeds 0.05 percent of the book value of its assets in accordance with the balance sheet at the beginning of the current year, with the exception of the case provided for in subparagraph 1-1) of this paragraph;

1-1) making transactions with property used to provide regulated access road services;

2) reorganization or liquidation.

2. The granting of consent to the commission by a natural monopoly entity of certain actions provided for in paragraph 1 of this article must be refused in the following cases::

1) this will lead to an increase in the tariff;

2) this will lead to a violation of contracts with consumers;

3) this will lead to infringement of the rights and legitimate interests of consumers;

4) this will lead to a disruption of the inextricably linked technological system of providing regulated services or a decrease in the quality of regulated services.;

4-1) the property used to provide a regulated access road service is owned by a natural monopoly entity for less than eighteen months from the date of provision of the regulated service.;

4-2) the natural monopoly entity providing regulated access road services has failed to reimburse consumers for unjustifiably earned income in accordance with the approved temporary compensating tariff;

5) an incomplete package of documents provided for in paragraphs 3 and 4 of this Article has been provided, or the documents provided contain false information (information).

3. In order to obtain the consent of the authorized body to make transactions with property used to provide regulated services, if the book value of the property recorded in the balance sheet at the beginning of the current year exceeds 0.05 percent of the book value of its assets in accordance with the balance sheet at the beginning of the current year, the natural monopoly entity submits a petition with an attached statement of confirmation from the balance sheet at the beginning of the current year, signed by the head of the natural monopoly entity, indicating the name, type, type, inventory number, initial, residual value of the alienated property in the context of the alienated objects.

4. In order to obtain the consent of the authorized body for reorganization or liquidation, a natural monopoly entity shall submit a petition with an attachment.:

1) copies of the transfer act - in case of merger, accession, transformation;

2) copies of the dividing balance - when dividing, allocating;

3) copies of the liquidation balance sheet - upon liquidation.

5. In order to perform certain actions provided for in paragraph 1 of this article, a natural monopoly entity must submit to the authorized body a request for consent to perform such actions in the form established in accordance with the rules for the conduct of activities by natural monopoly entities and documents in accordance with paragraphs 3 and 4 of this article.

Prior to the reorganization or liquidation, a small-capacity natural monopoly entity must send information to the authorized body at least ten calendar days in advance about its intention to perform these actions.

6. The documents attached to the application are submitted by the natural monopoly entity according to the inventory.

President

Republic of Kazakhstan

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