Article 133. Creation, reorganization and liquidation of a state-owned enterprise The Law on State Property

Home / Laws / Article 133. Creation, reorganization and liquidation of a state-owned enterprise The Law on State Property

1. A republican state–owned enterprise is established by the Government of the Republic of Kazakhstan, a municipal state–owned enterprise is established by a local executive body or, in coordination with the akim of a district (city of regional significance) and a meeting of the local community, by the office of the akim of a city of regional significance, village, settlement, rural district.

2. The State establishes state-owned enterprises in the following cases::

1) the absence of any other possibility to ensure national security, the defense capability of the state or the protection of the interests of society;

2) the use and maintenance of strategic facilities owned by the State;

3) carrying out activities in areas classified as a state monopoly;

4) the absence or low level of competition in the relevant commodity market;

5) Excluded by the Law of the Republic of Kazakhstan dated 03.01.2022 No. 101-VII (effective sixty calendar days after the date of its first official publication).

3. State-owned enterprises in the cases specified in subparagraph 1) of paragraph 2 of this Article shall be established by the Government of the Republic of Kazakhstan and the National Bank of the Republic of Kazakhstan.

State-owned enterprises in the cases specified in subparagraph 3) of paragraph 2 of this Article are established by decision of the Government of the Republic of Kazakhstan.

In other cases, state–owned enterprises are established by the Government of the Republic of Kazakhstan and the National Bank of the Republic of Kazakhstan (republican enterprises) or a local executive body, or in coordination with the akim of a district (city of regional significance) and a local community meeting - the office of the akim of a city of regional significance, village, settlement, rural district (municipal enterprises).

The establishment of state-owned enterprises is carried out in accordance with the procedure established by the Entrepreneurial Code of the Republic of Kazakhstan and other laws of the Republic of Kazakhstan, subject to the restrictions established by Article 134 of this Law.

4. The reorganization and liquidation of a State-owned enterprise shall be carried out in accordance with the procedure provided for in Article 130 of this Law, with the specifics established by this article.

5. The transformation of a republican state–owned enterprise with the right of economic management into a state-owned enterprise is carried out by decision of the Government of the Republic of Kazakhstan on the proposal of the authorized body of the relevant industry, agreed with the authorized body for state property, the transformation of a municipal state-owned enterprise with the right of economic management into a state-owned enterprise - by decision of the local executive body or in agreement with the meeting of the local community – by decision of the office of the akim of a city of regional significance, village, settlement, rural district.

6. All expenses related to the transformation of a state-owned enterprise under the right of economic management into a state-owned enterprise, as well as settlements between the transformed state-owned enterprise and its creditors in the absence of sufficient funds from the state-owned enterprise itself, are carried out at the expense of the relevant budget.

7. A state-owned enterprise created on the basis of a state-owned enterprise with the right of economic management is the legal successor of the transformed state enterprise in terms of state property and money previously allocated to it, as well as in terms of land use, nature management, use of mineral resources, provision of quotas, licenses and previously concluded contracts, if the latter correspond to the subject and purpose of the newly created state-owned enterprise.

8. When a state-owned enterprise is transformed by right of economic management into a state-owned enterprise, the legal regime of the property assigned to it changes from the right of economic management to the right of operational management from the moment the decision is made to transform the state-owned enterprise.

The Law of the Republic of Kazakhstan dated March 1, 2011 No. 413-IV.

This Law defines the legal regime of state property, the legal basis for the management of State property, including property assigned to State-owned legal entities, and state-owned shares and stakes in the authorized capital of legal entities, the legal grounds for the acquisition and termination of rights to state property, and is aimed at ensuring the effective exercise by the State of the rights of the owner and holder of other rights. on state property.

President

Republic of Kazakhstan

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