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Decree No. 13/002 of 15 January 2013 organizing the representation of the single shareholder State in the General Assembly of a public enterprise transformed into a commercial society
The Prime Minister,
Having regard to the Constitution, as amended by Act No. 11/002 of 20 January 2011 revising certain articles of the Constitution of 18 February 2006, especially in its article 92, paragraphs 1, 2 and 4;
Having regard to Act No. 08/007 of 07 July 2008 on general provisions relating to the transformation of public enterprises specifically in its article 2;
Having regard to Act No. 08/010 of 07 July 2008 establishing the rules relating to the organization and management of the State portfolio, especially in its articles 8, 14, 18, paragraph 2;
Having regard to Order No. 12/003 of 18 April 2012 appointing a Prime Minister, Head of Government;
Having regard to Order No. 12/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Deputy Ministers;
Having regard to Order No. 12/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and among the members of the Government, especially in its articles 8.9, 10, and 11;
Having regard to Order No. 12/008 of 11 June 2012, setting out the powers of the Ministries, especially in Article 1, will read B, point 9;
In view of Decree No. 09/12 of 24 April 2009 establishing a list of public enterprises transformed into commercial companies, public institutions and public services;
Considering the need to organize the representation of the single shareholder state within public enterprises transformed into commercial societies;
On the proposal of the Minister of the Portfolio;
The Council of Ministers heard;
DECRETE:
Article 1:
The purpose of this decree is to organize the representation of the single shareholder state within the General Assembly of a public enterprise transformed into a commercial society.
Article 2:
The State is represented in the General Assembly of the society referred to above by a delegate of the Minister of Portfolio, carrying a special power of attorney of the Minister having the Portfolio in his powers, in accordance with articles 8 and 14 of Act No. 08/010 of 7 July 2008 establishing the rules relating to the organization and management of the State Portfolio.
The Minister of Portfolio is assisted by three delegates representing the Cabinets of the Prime Minister, the Minister of Budget and the Minister of the sector of activities concerned. Letters appointing such delegates shall be addressed to the Minister of the Portfolio who signs a power of attorney for this purpose.
Prior to the holding of the General Assembly, delegates meet to analyze the items on the agenda and to stop the position to be expressed during these meetings.
Article 3:
The state's position at the General Assembly is expressed by the delegate of the Ministry of the Portfolio.
Other State delegates referred to in Article 2, paragraph 2 above, participate in the debate without a deliberate vote.
Article 4:
The arrangements for convening, deliberation and voting are those set out in the Statutes of each company for the General Assembly.
Representatives of the shareholder State and other guests receive a token of presence, the amount of which is fixed by the General Assembly of the society.
Article 5:
The minutes of the General Meetings are signed by the President of the Board of Directors, the deputy returning officers, the secretary and the delegate deferred from the shareholder state.
Representatives of the above-named Ministries contradict these minutes as guests.
Article 6:
The delegate of the shareholder State to the General Assembly is obliged to comply with the instructions given to him by the Minister with the Portfolio in his powers and to report to him on the execution of his mandate.
Article 7:
The Minister of the Portfolio is responsible for the execution of this decree which comes into force on the date of its signature.
Done in Kinshasa, 15 January 2013
MATA TA PONYO Mapon. -
Louise MUNGA MESOZI.
Minister Portfolio
