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 ACT amending article 28 of the Federal law "on joint stock companies" and the Federal law "on privatization of State and municipal property" adopted by the State Duma July 8, 2006 year approved by the Federation Council July 14, 2006 year Article 1 Point 6 article 28 December 26, 1995 federal law N 208-FZ "about joint-stock societies" (collection of laws of the Russian Federation , 1996, N 1, art. 1; 2001, no. 33, art. 3423; 2006, N 1, art. 5) worded as follows: "6. the increase of the Charter capital of a company established in the privatization process through additional shares if there are shares, providing more than 25 percent of the votes at the general meeting of shareholders and is in State or municipal ownership, may be exercised only in cases where such an increase in the size of the saved state or municipal entity and unless otherwise stipulated in the Federal law of December 21, 2001 N 178-FZ" on privatization of State and municipal property ".".
Article 2 amend the Federal law of December 21, 2001 N 178-FZ "on privatization of State and municipal property" (collection of laws of the Russian Federation, 2002, N 4, art. 251) as follows: 1) article 40 shall be amended as follows: "article 40. Saving state or municipal education share in the authorized capital of open joint-stock companies 1. If there is in State or municipal ownership of the shares created in the privatization process of the open joint-stock company, providing more than 25 percent of the votes at the general meeting of shareholders, an increase of the Charter capital of a specified society through additional issue of shares is carried out with the retention percentage of State or municipal entity if not otherwise stated in the relevant decision of the President of the Russian Federation, the Government of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government and being incorporated in share capital specified joint stock company State or municipal property or funds of the corresponding budget to pay for the additional issue of shares.
2. If the State or municipal ownership of the shares created in the privatization process of the open joint-stock company offering at the time of the decision of more than 25 per cent but not more than 50 percent of the votes at the general meeting of shareholders, an increase of the Charter capital of a joint-stock company specified by the additional issue of shares may be carried out with the decline in the share of State or municipal entity in the case of a positive decision by the Government of the Russian Federation , body of the Executive power of the constituent entities of the Russian Federation or the local self-government body and only provided by a State or municipal education their share in the amount of not less than 25 per cent of votes plus one voting share.
3. subject to the availability of State-owned shares is included in the list of strategic enterprises and joint stock companies open joint stock company offering at the time of the decision of more than 25 per cent but not more than 50 percent of the votes at the general meeting of shareholders, an increase of the Charter capital of a specified society by an additional issue of shares may be carried out with the decrease in the proportion of States in case of a positive decision by the President of the Russian Federation and only on condition that the State share in the amount of not less than 25 per cent of votes plus one voting the action.
4. If the State or municipal ownership of the shares created in the privatization process of the open joint-stock company offering at the time of the adoption of the relevant decision of the more than 50 percent of the votes at the general meeting of shareholders, an increase of the Charter capital of a joint-stock company specified by the additional issue of shares may be carried out with the decline in the share of State or municipal entity in the case of a positive decision by the Government of the Russian Federation, the body of the Executive power of the constituent entities of the Russian Federation or the local self-government body and only provided by a State or municipal education share an amount not less than 50 per cent of votes plus one voting share.
5. subject to the availability of State-owned shares is included in the list of strategic enterprises and joint stock companies open joint stock company offering at the time of the adoption of the relevant decision of the more than 50 percent of the votes at the general meeting of shareholders, an increase of the Charter capital of a specified society by an additional issue of shares may be carried out with the decrease in the proportion of States in case of a positive decision by the President of the Russian Federation and only on condition that the share of the State in an amount not less than 50 per cent of votes plus one voting share. ";

2) supplemented by article 40-1 as follows: "article 40-1. Saving state or municipal education share in the authorized capital of open joint-stock companies in case of placement of shares through public subscription and the implementation of their stock exchange listing, as well as in case of placement of shares of open joint-stock companies outside the Russian Federation, including through posting in accordance with foreign law, securities of foreign issuers, certifying the right in respect of shares of open joint-stock companies in case of placement of shares of open joint-stock companies by public subscription and the implementation of their stock exchange listing as well as in case of placement of shares of open joint-stock companies outside the Russian Federation, including through posting in accordance with foreign law, securities of foreign issuers, certifying the right in respect of shares of open joint-stock companies: 1) increased the authorized capital of open joint-stock company included in the list of strategic enterprises and joint stock companies, and to determine the amount of the share in the authorized capital of the State of the specified joint-stock company is subject to a decision of the President of the Russian Federation;
2) to increase the authorized capital of open joint-stock company, created in the process of privatization and the shares of which are in State or municipal ownership and provide more than 25 percent of the votes at the general meeting of shareholders, and to determine the amount of the share in the authorized capital of the State of the specified society is subject to a decision of the Government of the Russian Federation, the Executive authority of the Russian Federation or the local self-government body. ".
The President of the Russian Federation v. Putin Kremlin, Moscow July 27, 2006 year N 155-F3

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