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Amending Article 28 Of The Federal Law "on Joint Stock Companies" And The Federal Law "on Privatization Of State And Municipal Property"

Original Language Title: О внесении изменений в статью 28 Федерального закона "Об акционерных обществах" и Федеральный закон "О приватизации государственного и муниципального имущества"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Article 28 of the Federal Law "On joint-stock companies" and the Federal Law "On privatization of public and private companies" municipal property " Adopted by the State Duma on 8 July 2006 Approved by the Federation Council on 14 July 2006 Article 1 Article 28, Paragraph 6 of Federal Law from 26 December 1995 N 208-FZ "On joint-stock companies" (Legislative Assembly of the Russian Federation, 1996, No. 1, art. 1; 2001, N 33, article 3423; 2006, N 1, sect. (5) Amend the text as follows: " 6. Increase in the authorized capital of the society created during the privatization process by additional issue of shares with a package of shares providing more than 25% of the votes at the general meeting of shareholders and in public or private shareholders. municipal property may be exercised only in cases where the size of the State or municipal education is maintained and, unless otherwise provided by the Federal Act of 21 December 2001 N 178-FZ " O Privatization of State and municipal property. ".". Article 2 Amend the Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 251) the following changes: 1) Article 40 should be redrafted to read: " Article 40. Preserving the share of the state or municipal education in the authorized capital of open joint-stock companies 1. Public or municipal ownership of shares of open joint-stock company created in the process of privatization, providing more than 25% of the votes at the general meeting of shareholders, increase of the authorized capital of the mentioned The State shall, in accordance with the decision of the President of the Russian Federation, the Government of the Russian Federation, the Russian Federation, the Russian Federation, the Republic of Uzbekistan, the Republic of Uzbekistan, the Republic of Uzbekistan, the Republic of Uzbekistan, the Republic of Uzbekistan, THE RUSSIAN FEDERATION In addition, it is ensured by the statutory capital of the said joint-stock company of state or municipal property or the corresponding budget for the payment of the additional issue of shares. 2. Public or municipal ownership of shares of open joint-stock companies created during the privatization process, which provide at the time of the relevant decision more than 25 per cent, but not more than 50 per cent The share capital increase of the share capital may be carried out with a reduction in the share of the state or municipal education in case of acceptance of positive votes. OF THE PRESIDENT OF THE RUSSIAN FEDERATION A constituent entity of the Russian Federation or a local government body, and only provided that the State or municipal entity maintain its share of at least 25 per cent plus one voting share. 3. Public ownership of shares in the list of strategic enterprises and joint-stock companies, which provide at the time of the relevant decision more than 25%, but not more than 50% of the votes at the general meeting of shareholders, increase of the authorized capital of the said society by additional issue of shares may be carried out with the reduction of the share of the state in case of a positive decision by the President of the Russian Federation. of the Federation and only if the proportion of the State is not less than than 25 percent of the vote plus one voting share. 4. When more than 50 per cent of the votes in the general assembly are held in public or municipal ownership of shares in the process of privatization of an open joint-stock company Shareholders may increase the authorized capital of the said joint-stock company by additional issue of shares with a decrease in the share of state or municipal education in case of a positive decision of the Government. THE RUSSIAN FEDERATION The Federation or the local government, and only provided that the State or municipal entity maintain its share of at least 50 per cent plus one voting share. 5. Public ownership of shares in the list of strategic enterprises and joint-stock companies that provide more than 50% of votes at the time of the respective decision. The shareholders ' meeting, the increase of the authorized capital of the said society by additional issue of shares may be carried out with a reduction in the share of the state in case of a positive decision by the President of the Russian Federation and only on condition the retention of a State share of at least 50 per cent of the vote plus one voting share. "; 2) to supplement article 40-1 as follows: " Article 40-1. Storing the share of the state or municipal of education in the charter capital of open joint-stock companies in the event of the placement of shares by open subscription and implementation listing, as well as in the case of placement of shares of open joint-stock companies outside the Russian Federation, including by placing securities in accordance with of foreign issuers of rights in relation to Open joint-stock companies Open joint-stock companies ' shares by open subscription and stock exchange listing, as well as in case of shares of open joint-stock companies outside the boundaries The Russian Federation, including through the placement under foreign law of securities of foreign issuers certifying rights of shares of open joint-stock companies: (1) increase of the authorized capital of an open joint-stock company Joint Stock Company of Strategic Enterprises and joint-stock companies, and the determination of the size of the share of the state in the authorized capital of the said joint-stock company are carried out by the decision of the President of the Russian Federation; 2) the increase in the authorized capital of an open joint stock company, which is in the process of privatizing and whose shares are in state or municipal ownership and provide more than 25 per cent of the vote at the general shareholders ' meeting, and the determination of the size of the state share in the charter capital of the above mentioned society is carried out by decision of the Government of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION, THE PRESIDENT OF THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION, THE RUSSIAN FEDERATION 27 July 2006 N 155-FZ