On organizational measures for the transformation of state-owned enterprises into joint-stock companies
DECREE of the President of the Republic of Kazakhstan dated March 5, 1993 N 1136
In order to ensure the sustainable functioning of state-owned enterprises and the commercialization of their activities, accelerate the processes of denationalization and privatization, and maintain manageability in the public sector of the economy during the reform period, I decree:
1. The State Committee of the Republic of Kazakhstan on State Property and its territorial committees shall proceed with the transformation of state-owned enterprises and organizations (except state farms), industrial and scientific production associations (hereinafter referred to as enterprises), as well as closed joint-stock companies (in which more than 50 percent of the authorized capital is owned by the state) into open joint-stock companies. kind of.
In accordance with this Decree, state-owned enterprises included in the small-scale privatization program, enterprises with equity participation of foreign investments (joint ventures), organizations financed from the state budget, as well as enterprises whose privatization is prohibited by the National Program of Denationalization and Privatization in the Republic of Kazakhstan for 1993-1995 are not subject to transformation before December 31, 1993. of the year.
2. The founders of open joint-stock companies formed in accordance with this Decree are the State Committee of the Republic of Kazakhstan for State Property and its territorial committees.
3. The transformation of enterprises into joint-stock companies is carried out by working commissions established at each enterprise, in accordance with the Regulations on the Transformation of state-owned Enterprises into Open joint-stock Companies.
The heads of enterprises are personally responsible for the preparation and timely submission of relevant documents to the State Committee of the Republic of Kazakhstan on State Property.
4. Enterprises that are participants in state-owned corporations, associations and other voluntary associations of state-owned enterprises (hereinafter referred to as associations) should determine by August 1, 1993 the organizational and legal forms of associations in accordance with the current legislation, transforming them into open-ended joint-stock companies with simultaneous determination of the size of contributions of the founding enterprises to their authorized funds.
State property previously transferred to the balance sheets of these associations by state management bodies may be included in the authorized fund by the bodies of the State Committee of the Republic of Kazakhstan on State Property, provided that the associations are transformed into open joint-stock companies. The procedure for making property contributions by state-owned enterprises and state property committees to the authorized funds of joint-stock companies established in accordance with this Decree is determined by the State Committee of the Republic of Kazakhstan on State Property.
5. To establish that shares of state-owned joint-stock companies formed in accordance with this Decree may not be transferred or sold without the consent of the State Committee of the Republic of Kazakhstan on State Property.
6. The previously appointed administration of the transformed enterprise is entrusted with all the powers of the Management Board of the joint-stock company until the first meeting of shareholders of the joint-stock company, at which new management bodies are elected in accordance with the current legislation.
The head of the transformed enterprise is entrusted with the duties of the President of the joint-stock company until the first meeting of shareholders.
7. The Cabinet of Ministers of the Republic of Kazakhstan shall approve the Regulations on the transformation of state-owned enterprises into open joint-stock companies, the standard Charter of the joint-stock company and the standard contract with the President of the joint-stock company. 8. The State Committee of the Republic of Kazakhstan for State Property shall adopt, in accordance with its competence, normative acts ensuring the implementation of this Decree, as well as develop a program for corporatization of state-owned enterprises.
9. The State Committee of the Republic of Kazakhstan for State Property, together with the Ministry of Finance of the Republic of Kazakhstan and the State Committee of the Republic of Kazakhstan for Statistics and Analysis, shall establish a Central Bureau for Registration of Joint-Stock Companies and Business Partnerships within two months and approve the regulations on this bureau.
10. The State Committee of the Republic of Kazakhstan for State Property, together with the Ministry of Economy of the Republic of Kazakhstan and the State Committee of the Republic of Kazakhstan for Statistics and Analysis, shall, by July 1, 1993, publish registers of enterprises subject to transformation into open joint-stock companies in accordance with this Decree.
11. Control over the implementation of this Decree is entrusted to Deputy Prime Minister - Chairman of the State Committee of the Republic of Kazakhstan on State Property Karibzhanov zh.According to S. N.
12. In connection with the adoption of this Decree, repeal the Decree of the President of the Republic of Kazakhstan "on measures to intensify work on denationalization and privatization of property in the material production sectors" dated April 28, 1992 No. 732.
13. To put this Decree into effect from the moment of its publication.
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