The Chamber Of Commerce And Industry Of Turkmenistan

Original Language Title: О Торгово-промышленной палате Туркменистана

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The Chamber of Commerce and industry of Turkmenistan, this Act establishes the legal and economic foundations of education, Chamber of Commerce and industry of Turkmenistan, organizational-legal forms of its activity and defines measures of State support.
 
Chapter i. General provisions article 1. The concept of commercial and Industrial Chamber of Turkmenistan 1. Commercial and Industrial Chamber of Turkmenistan (hereinafter referred to as the Chamber of Commerce and industry), a legal entity, is a non-profit public organization uniting on a voluntary basis by enterprises and organizations irrespective of their form of ownership, and entrepreneurs operating without formation of legal entity designed to maintain and protect their interests.
2. to fulfil the tasks set in the Chamber of Commerce can do business.  Profits from business activities may not be distributed among the members of the Chamber of Commerce.
3. Chamber of Commerce is liable for its obligations with its property.
4. Chamber of Commerce is not responsible for the obligations of its members and its enterprises, they also are not liable for the obligations of the Chamber of Commerce.
5. the name "-söwda Türkmenistanyň edarasy senagat" may not use other companies and organizations, and those that are in his name is a phrase, not subject to state registration, except for the enterprises and the organizations formed by the Chamber of Commerce.
6. Chamber of Commerce, in carrying out its statutory functions, operates within the framework of the Constitution and laws of Turkmenistan.
 
Article 2. Legislation on trade-Industrial Chamber 1. The legislation of Turkmenistan on the Chamber of Commerce and industry of Turkmenistan is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. The goals and objectives of the Chamber of Commerce 1. CCI is created in order to contribute to the further strengthening of the economy of Turkmenistan, its deeper integration into the world economic system, improve the modern industrial, financial and trading infrastructure, creation of favorable conditions for all kinds of business activities and interaction with public authorities, the full development of trade, economic, investment, scientific and technical cooperation with the business community and entrepreneurs of Turkmenistan of foreign States.
2. Commercial and Industrial Chamber of Turkmenistan performs the following tasks: 1) assists, represents and defends the interests of the members of the Chamber of Commerce and industry on issues related to the implementation of economic activities, including outside Turkmenistan;
2) promotes business activities taking into account the economic interests of individual sectors, regions and enterprises;
3) assists members of the Chamber of Commerce and its partners to ensure their participation in exhibitions, fairs, business forums and conferences;
4) organises close cooperation between the members of the Chamber of Commerce and industry and their interaction with the State and its organs;
5) promotes education and training entrepreneurs of Turkmenistan, organizes professional training for business professionals and other kinds of training, including outside Turkmenistan, participates in the development and implementation of State and Interstate programmes in this area;
6) helps entrepreneurs and their associations, unions, associations, information services, facilitates the information services enterprise infrastructure, publishes magazines, newsletters, information and advertising directories and other printed products;
7) promotes the export of goods and services, provides practical assistance to enterprises, organizations and entrepreneurs of Turkmenistan in conducting operations on the external market and the development of new forms of trade and economic, scientific and technical cooperation;
8) taking measures within its competence to prevent and curb unfair competition and partnership, not based on business relations;
9) promotes the settlement of pretrial disputes arising between members of the Chamber of Commerce and industry, entrepreneurs and enterprises of different ownership forms;
10) provides foreign companies in Turkmenistan services necessary to carry out their commercial activities;
11) on behalf of legal entities and physical persons of Turkmenistan and foreign companies facilitates the preparation of relevant documents for their registration in Turkmenistan;
12) provides expertise related to the monitoring of the quality, quantity and complexity of goods, as well as the definition of cost of production and property;

13) certifies the certificate of origin of goods and services, signature of legal persons in Turkmenistan, and draw up other documents related to the export of goods and services, showed the circumstances of force majeure, in accordance with the terms of international trade transactions and international treaties to which Turkmenistan is a party, as well as treaties and agreements concluded by foreign companies on the territory of Turkmenistan;
14) leads a register of enterprises and organizations of Turkmenistan, the financial and economic situation which demonstrates their reliability as partners in business and economic activity;
15) organizing international and national exhibitions, fairs, conferences and business forums, provides training and holding of exhibitions goods of Turkmenistan abroad;
16) establishes and develops relations with Chambers of Commerce of foreign States, concludes cooperation agreements with them, organizes economic and trade delegation;
17) assists businesses in finding partners and establishing contact, and performs similar functions for entrepreneurs of Turkmenistan, who travel to other countries;
18) performs other functions relevant to the goals and objectives of the Chamber of Commerce and the provisions of international treaties to which Turkmenistan is a party.
 
Article 4. Relationship between the Chamber of Commerce with the State 1. The State ensures respect for the rights and legitimate interests of the Chamber of Commerce, supports its activity legally regulates the granting of tax and other privileges and benefits.
2. it is not allowed to State interference in the activities of the Chamber of Commerce and industry and Chamber of Commerce-in the Affairs of the State, imposing on the Chamber of Commerce and governmental functions, except in cases established by this law.
3. Chamber of Commerce and industry can cooperate and interact with State bodies, concluding agreements with them, and under agreements with State bodies to carry out some work for them.
4. Matters affecting the interests of Chamber of Commerce and industry in the cases stipulated by the legislation of Turkmenistan shall be resolved by the State bodies with the participation of the Chamber of Commerce or in agreement with it.
5. The staff of the Chamber of Commerce extends labor laws of Turkmenistan and Turkmen legislation on social protection of population.
 
 
CHAPTER II. The FORMATION of the Chamber of Commerce and the cessation of ITS ACTIVITIES Article 5. Educational principles and activities of the Chamber of Commerce of Chamber of Commerce formed and operates on the basis of the principles of voluntary association founders, equality of its members, independence, professionalism, a combination of personal, collective, public and State interests, economic independence, social justice and the rule of law.
 
Article 6. The procedure for the formation of the Chamber of Commerce 1. CCI is formed on the initiative of not less than fifteen members.
2. the founders of the Chamber of Commerce can be legal entities irrespective of their form of ownership and organization-legal form and owners operating without formation of the legal person.
3. the founders of the Chamber of Commerce convene a Constituent Congress (Conference), on which the Charter was adopted, and formed its governing bodies.
4. the founders and members of the Chamber of Commerce have equal rights and bear the same responsibilities.
 
Article 7. Membership in the Chamber-1 Chamber of Commerce. Members of the Chamber of Commerce are legal entities irrespective of their form of ownership, and their organizational-legal form, entrepreneurs, carrying out their activity without formation of the legal person, which carry out economic activities or participate in the implementation of the economic, scientific, technical and trade links of Turkmenistan with other countries.
2. the members of the Chamber of Commerce may also be associations and unions unite entrepreneurs on a branch or a regional basis.
3. Chamber of Commerce registers of persons referred to in paragraphs one and two of this article, who are members of the Chamber of Commerce and industry from the day you make them in the registry.
4. the size of the entrance and annual dues for members of the Chamber of Commerce and industry shall be established by the Board of the Chamber of Commerce in accordance with its Charter.
5. In case of withdrawal from the Chamber of Commerce paid are non-refundable and claims on the part of her property will not be accepted.
 
Article 8. The Statute of the Chamber of Commerce and industry 1. In the Statute of the Chamber of Commerce and industry shall be provided: 1) the name, aims and objectives of the Chamber of Commerce;
2) the conditions and procedure for admission to the members of the Chamber of Commerce and industry and withdrawal from it;
3) rights and obligations of the members of the Chamber of Commerce;
4) the procedure for the formation of the governing bodies of the Chamber of Commerce and industry and their competence, their terms of Office and decision-making rules;
5) sources of the property of the Chamber of Commerce;
6) procedure for introducing amendments and additions to the Statute of the Chamber of Commerce and industry;
7) procedure for the termination of the activities of the Chamber of Commerce.

2. the statutes may be provided and other provisions related to the activities of the Chamber of Commerce.
 
Article 9. State registration Chamber of Commerce 1. State registration Chamber of Commerce is carried out by the Ministry of Adalat in the order established by the legislation of Turkmenistan.
2. For the purposes of the registration of the Chamber of commerce within one month from the date of the adoption of the Charter in the Ministry of Adalat Turkmenistan submitted application by the founders, the Protocol of the constituent Assembly (Conference) on the approval of its Charter.
3. The decision on registration of the Chamber of Commerce should be taken no later than one month from the date of submission of the application.
4. Chamber of Commerce acquires the status of a legal entity from the date of registration in the unified State Register of legal entities.
5. Changes and additions made to the Statute of the Chamber of Commerce and industry, are subject to state registration in the same manner and at the same time as the registration Chamber of Commerce.
6. For State registration of commercial and Industrial Chamber, changes and additions to the Charter fee in the manner and amount that you set the laws of Turkmenistan.
7. the refusal in registration of the Chamber of Commerce may be challenged in the courts.
 
Article 10. The termination of activity of the Chamber of Commerce 1. The termination of activity of the Chamber of Commerce can be produced through reorganization or liquidation.
2. Reorganization and liquidation of the Chamber of Commerce is subject to a decision of the Congress (Conference) or general meeting. Chamber of Commerce may be liquidated in cases and manner established the laws of Turkmenistan.
3. the property of the liquidated Chamber of Commerce after satisfying the claims of creditors shall be communicated for the purposes stipulated in its Charter, or is passed into the ownership of the successor in title.
 
CHAPTER III. Property, rights and DUTIES of the Chamber of Commerce of Article 11. Property of the Chamber of Commerce 1. Chamber of Commerce and industry may own movable and immovable property, stocks, other securities and other property necessary for the fulfilment of the objectives established in the Charter.
2. Enterprises established by the Chamber of Commerce has the right to own, use and dispose of Scripture behind them property in accordance with the aims and objectives laid down by their constituent instruments.
3. The sources of formation of funds of the Chamber of Commerce are the entrance and membership fees, profits from business activities and other revenues not prohibited by law.
Funds of the Chamber of Commerce uses to ensure its activities and education funds.
4. the property of the Chamber of Commerce and industry shall be protected by law.
 
 
 
Article 12. Right Chamber of Commerce 1. CCI has the rights that are required for the implementation of the goals and objectives defined in its Charter.
Chamber of Commerce has the right to: 1) represent and safeguard the legitimate interests of their members in government bodies;
2) acquire, dispose of, rent and lease in Turkmenistan, as well as beyond movable and immovable property;
3) created in Turkmenistan and in foreign countries, enterprises and institutions as well as to establish mixed Chambers of Commerce, joint ventures, trade houses;
4) for resolving economic disputes in accordance with the laws of Turkmenistan establish international commercial arbitration;
5) open branches and representative offices of the Chamber of Commerce, including outside Turkmenistan;
6) to publish newspapers, magazines and other publications;
7) in accordance with the Statute of the Chamber of Commerce and industry carries out other powers, not inconsistent with this law and other normative legal acts of Turkmenistan.
2. legal documents issued by the Chamber of commerce within its competence are recognized throughout Turkmenistan.
 
Article 13. Duties of the Chamber of Commerce of Chamber of Commerce and industry is obliged to: 1) comply with the legislation of Turkmenistan, as well as the provisions of its Charter;
2) within the prescribed time limits to submit information to the Ministry of Adalat Turkmenistan on its activities, with an indication of the actual location of the permanent governing body, its name and the leaders of the Chamber of Commerce at the volume of information to be included in the unified State Register of legal persons;
3) represent the Ministry of Adalat Turkmenistan information on changes and amendments in the Charter;
4) maintain accounting, submit statistical reports, produce taxes and pay pension contributions for State pension insurance in the manner prescribed by the legislation of Turkmenistan.
 
 
CHAPTER IV. The COMPOSITION of the Chamber of Commerce of Article 14. The governing bodies of the Chamber of Commerce and industry 1. The governing bodies of the Chamber of Commerce are: 1) the Congress Chamber of Commerce;
2), the Board of the Chamber of Commerce;
3), the President of the Chamber of Commerce.
2. The Supreme governing body of the Chamber of Commerce is the Congress.

3. the work of the governing bodies of the Chamber of Commerce is carried out in accordance with its Charter.
 
Article 15. The Audit Commission of the Chamber of Commerce for the audit of financial and economic activity of the Congress Chamber of Commerce elects for a period of 5 years auditing Commission from among persons who are not members of the Board of the Chamber of Commerce.
 
Chapter v. INTERNATIONAL COMMERCIAL ARBITRATION Article 16. International commercial arbitration at the Chamber of Commerce 1. When you create a Chamber of Commerce and industry international commercial arbitration, which by agreement of the Parties shall consider disputes arising from contractual and other civil law relationships in carrying out foreign trade and other forms of international economic relations, if the place of business of at least one party is outside of Turkmenistan, as well as disputes of enterprises with foreign investment and international associations and organizations established on the territory of Turkmenistan, among themselves, disputes between the parties as well as their disputes with other legal entities of Turkmenistan.
2. the activities of the international commercial arbitration, created by the Chamber of Commerce and industry, is regulated by the law of Turkmenistan "on international commercial arbitration and other normative legal acts of Turkmenistan.
 
Article 17. Contribution to the activities of the international commercial arbitration Chamber of Commerce in accordance with the legislation of Turkmenistan adopts Rules and regulations on international commercial arbitration, the procedure of arbitration fees, rates of arbitrators ' fees and other expenses of the arbitration, as well as providing other assistance to its activities.
 
 
CHAPTER VI. INTERNATIONAL RELATIONS of the Chamber of Commerce and industry and the participation in international organizations Article 18. International relations of the Chamber of Commerce and industry and the participation in international organizations 1. Chamber of Commerce and industry in accordance with its Charter, supporting direct international contacts, it may make appropriate arrangements.
2. Chamber of Commerce represents the interests of its members in the relevant international organizations.
 
CHAPTER VII. FINAL PROVISIONS Article 19. Dispute resolution disputes in the field of organization and activity of the Chamber of Commerce are resolved in the order established by the legislation of Turkmenistan.
 
 Article 20. Supervision of compliance with the commercial and Industrial Chamber of Turkmenistan legislation supervision over exact and uniform compliance with the Chamber of Commerce of laws and other normative legal acts of Turkmenistan is carried out by the General Prosecutor of Turkmenistan and subordinates to him by prosecutors.
 
Article 21. The entry into force of this law 1. This law enters in force from July 1, 2015 year.  
2. Chapter V of the present law shall enter into force on January 1, 2016 onwards.
3. After the entry into force of this law, the Statute of the Chamber of Commerce is subject to adjustment in accordance with the present law.
4. pending the entry into force of chapter V of this Law to approve the Rules and regulations of the international commercial arbitration court at the Chamber of Commerce.  
5. Null and void: the law of Turkmenistan from October 8, 1993 "on Chamber of Commerce and industry" (statements of the Mejlis of Turkmenistan, 1993, no. 9-10, art. 95);
The law of Turkmenistan from September 23, 1994 "on amendments and additions to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 1994, no. 24, p. 3) amending the law of Turkmenistan "on the Chamber of Commerce;
 
 
 
 
 
item 3 of part I of the Act of Turkmenistan on March 31, 2012 "on amendments and additions to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2012, no. 1, p. 48).
 
    Turkmen President Gurbanguly Berdimuhamedov mountains. February 28, 2015 year Ashgabat No. 183-V.
 

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