On Amendments And Additions To The Federal Law "on Privatization Of State Property And Privatization On The Fundamentals Of Municipal Property In The Russian Federation"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О приватизации государственного имущества и об основах приватизации муниципального имущества в Российской Федерации"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102060448

Expired-the Federal law from 21.12.2001 N 178-FZ of the RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law "on privatization of State property and privatization on the fundamentals of municipal property in the Russian Federation" adopted by the State Duma on June 2, 1999 the year approved by the Federation Council June 9, 1999 year Article 1. To amend article 6 of the Federal law "on privatization of State property and privatization on the fundamentals of municipal property in the Russian Federation" (collection of laws of the Russian Federation, 1997, no. 30, art. 3595) the following amendments and supplements: 1) amend paragraph 1 paragraphs read as follows: "when the State or municipally owned 100 percent of the shares of the open joint-stock company the powers of the supreme body of management of the company-the general meeting of shareholders on behalf of the respective owner of the shares of the public authority (municipal) property. Formation of the position of the Russian Federation as a shareholder of the federal executive authorities, defined by the Government of the Russian Federation or in other prescribed procedure. Taken by the supreme body of management of the open joint-stock company decision shall be formalised by the Protocol to be stored in accordance with article 89 of the Federal law "on joint stock companies". Provided for specified federal law the procedures for preparing and conducting the general meeting of shareholders shall not apply.
Members of the Board of Directors (Supervisory Board), open joint-stock company shall be appointed for a period of one year, the relevant authority of the State (municipal) property, which has the right to terminate the powers of any member (all members) Board of Directors (Supervisory Board). Education of the executive bodies of the open joint-stock company and early termination of their powers is subject to a decision of the authority of the State (municipal) property that implements the competence of the supreme body of management of the company, if the Charter of a company addressing these issues not related to the competence of the Board of Directors (Supervisory Board), open joint-stock company.
The general meeting of shareholders shall be convened, and decides on the rules established by the Federal law "on joint stock companies", since the exclusion of two percent or more of the shares of the total shares (100 per cent), formerly contained in State or municipal ownership. ";
2) outline the points 2 and 3 read as follows: "2. the Government of the Russian Federation, authorized federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government in the established order the propositions made in the agenda of the general meeting of shareholders to nominate candidates to the Board of Directors (Supervisory Board), the Audit Commission, as well as in the Executive branch of the open joint-stock company if its Charter solution to this issue is related to the competence of the general meeting and appoint representatives to vote at general meetings of shareholders, shares owned, respectively, the Russian Federation, constituent entities of the Russian Federation and municipal entities.
If the credentials do not indicate the number of votes, filed for candidacy in the election of the members of the Board of Directors (Supervisory Board) and the Audit Commission open joint-stock company, the representatives of the Russian Federation, constituent entities of the Russian Federation, the municipality must vote so as to ensure the election of a maximum number of candidates nominated, respectively, the Russian Federation, the Russian Federation, the municipal education Board of Directors (Supervisory Board) and the Audit Commission open joint-stock company.
3. persons elected in accordance with the established procedure in the Board of Directors (Supervisory Board), open joint-stock company from among candidates nominated by the authorities of the Russian Federation, constituent entities of the Russian Federation, municipalities are on the Board of Directors (Supervisory Board) of a company interests respectively of the Russian Federation, constituent entities of the Russian Federation and municipal entities.
Representatives of the interests of the Russian Federation, constituent entities of the Russian Federation, the municipal education Board of Directors (Supervisory Board) of the open joint-stock company shall agree in writing in the manner prescribed by the Government of the Russian Federation, respectively, the Executive authority of the Russian Federation, the municipality, its vote on matters considered at the Board of Directors (Supervisory Board) of a company, including the personal composition of the executive bodies of the company (if the issue is related to the competence of the Charter Board of Directors (Supervisory Board).

Representatives of the interests of the Russian Federation, constituent entities of the Russian Federation and municipal entities on the Board of Directors (Supervisory Board) of the open joint-stock company, are by State or municipal employees, are not eligible to receive any remuneration in cash or in any other form, as well as through these societies and third party costs of implementing their functions.
The Government of the Russian Federation, authorized federal bodies of executive power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government shall have the right at any time to replace a member of the Board of Directors (Supervisory Board), elected from among the nominated candidates and represents the corresponding State or municipal interests.
The sole executive body of the open joint-stock company, more than 25 percent of the shares which is enshrined in State or municipal ownership, does not have the right to make deals on alienation of shares entered in the authorized capital of the company, as well as the transaction giving rise to the possibility of alienation or transfer them in trust, without the written consent of the authority for State property management that is responsible for formation of authorized capital of the society. The deal, done without such written consent is void.
Under this item the peculiarities of the legal status of open joint-stock companies, created by the privatization of public or municipal enterprises that operate in relation to society before the end of the privatization, or until such time as the number of shares owned by the State or the municipality, will be no more than 25 per cent of their total number.
Article 2. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
Article 3. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow June 23, 1999 N 116-FZ