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About The Industrial And Financial Groups In Ukraine

Original Language Title: Про промислово-фінансові групи в Україні

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C A C U A TO R S
{Law has lost validity on the basis of the Law
N 2522-VI ( 2522-17 ) from 09.09.2010, BBB, 2011, N 4, pp. 26}
About the Industrial and Financial Groups in Ukraine
(Information of the Verkhovna Rada of Ukraine (VR), 1996, N 23, st. (88)
{Be in Action by VR
N 438 /95-PL 21.11.95, VR, 1996, N 23, st. 89}
{With changes under the Laws
N 762-IV 762-15 ) of 15.05.2003, VR, 2003, N 30, pp. 247
N 1294-IV ( 1294-15 ) from 20.11.2003, VCE, 2004, N 13, pp. 181
N 2435-VI ( 2435-17 ) of 06.07.2010, BBB, 2010, N 46, pp. 539}

This Act defines the order of creation, reorganization and
liquidation of industrial and financial groups in Ukraine, transnational
industrial and financial groups, as well as the financial and economic conditions of their
activity.
Article 1. Term Definition
The terms used in this Act are as follows:
1. Industrial-Financial Group (PFG)-union to which
may enter industrial enterprises, agricultural
enterprises, banks, scientific and project agencies, other agencies and
organizations of all forms of ownership
profit, and which is created by the decision of the Government of Ukraine to
the term in order to implement public priority development programs
the industries and structural adjustment of the economy of Ukraine,
including programmes under inter-state treaties, as well as
Production of finite products.
2. PFG main enterprise-established
under the legislation of Ukraine, which produces the final
the products of PFG, make it excited, pay taxes in Ukraine and
officially represents the interests of the TFG in Ukraine and beyond.
The PFG ' s main enterprise loses the right to any benefits from
the issues of taxation that it is little or may have according to the current
Legislation of Ukraine.
3. Participant in the PFG enterprise, bank or other scientific or
project institution, an organization created according to legislation
Ukraine, or foreign legal entity member of the PFG,
produces intermediate products PFG or provides banking and other
services to participants and the main enterprise of PFG and aims to
gain profit.
4. Background products of PFG products, including
scientific-technical documentation and other rights objects
intellectual property, with the goal of producing which is created
PFG.
5. Promotional products of PFG products, including
scientific-technical documentation and other rights objects
Intellectual property produced by PFG
used to produce the final products of PFG and
is implemented solely to another participant or chief enterprise
PFG. When implementing such products outside PFG this product
is not considered to be.
6. PFG President-Chief Executive Officer of PFG.
7. Transnational TFG-PFG to the participants
There are foreign and Ukrainian legal entities.
8. The internal price of PFG is the price for which the
PFG products.
9. Initiators of the creation of PFG-enterprises, scientific and
project institutions, banks, other agencies and organizations of all forms
ownership of profits and according to the
of this Act, Civil Code of Ukraine and other acts
Legislation concluded with the General Agreement on
Production of final products of PFG.
10. Authorized person (s) initiated by the establishment of a PFG
a physical person (person) that has an installed order
Initiation of the initiators of the Council of Ministers of Ukraine
Draft creation of PFG.
11. FGM reorganisation-changing the main enterprise of PFG,
reapproval of the list of PFG and (or)
Reapproval of the PFG participants
to the General Agreement.

Article 2. Principal and PFG
1. Main venture and PFG participants retain status
of a legal entity, as well as independence in the making of the production,
economic and financial activity according to this Act
and concluded by the General Agreement on Interoperability. PFG and main enterprise and PFG participants are created and
Act on the implementation of the requirements of the legislation of Ukraine, including
Legislation on the Protection of Economic Competition. (Paragraph second
parts of first Article 2 with changes made under the Act
N 1294-IV ( 1294-15 ) 20.11.2003) There may be only one main enterprise.
2. PFG does not have a legal entity. Right to act on behalf of
The PFG is solely a major enterprise of PFG.
3. Main and PFG participants make the General Assembly
Interoperability of Final Production
PFG, which is subject to approval by the Cabinet of Ministers
Ukraine. General Agreement on Interoperability of Production
The end products of PFG include: the name of PFG; the list of approved in established legislation
government programs to implement which are created by the TFG; the definition of the main enterprise PFG; the candidacy of the President of PFG, his rights and duties;
Dismissal from office; list of members of PFG; list of final products of PFG; the term of the agreement; other conditions provided by the legislation and those who recognize
Necessary initiators of the creation of PFG. The agreement will take effect from the day of the adoption of the Cabinet of Ministers
Ukraine Regulation (Registration) PFG.
4. The main enterprise or PFG member is not carrying
responsibility for the obligations of the state. The State does not carry
responsibility for obligations of the main enterprise or
A member of the PFG.
5. The main enterprise of PFG is not responsible for
PFG members ' obligations, PFG participants do not carry out
responsibility for the obligations of the main enterprise of PFG,
if the other is not driven by bilateral treaties, guarantees,
The General Agreement.
6. Enterprise, institution, organization may be the main
an enterprise or a member of only one PFG. The PFG can only have one bank.
7. The main enterprise of PFG cannot be trade
enterprise, transport enterprise, enterprise
public food, household maintenance,
Logistics, bank, financial and financial services
I'll set Creation of PFG is prohibited in trade, public
Nutrition, household maintenance,
Logistics services.
8. Mutual commitments to the main enterprise of PFG and
PFG participants in the production of final PFG products, as well as
Mutual commitments to TFG participants
PFG products are decorated with the General Agreement Agreement
Activities regarding the production of final products of PFG and bilateral
agreements on the supply of intermediate products (or providing appropriate
Services). These agreements are defined by the reciprocal responsibility of the parties
-For the breach of commitment Spores that can arise between
Parties resolved by the host court in the
Law of order. (Part 8 of Article 2, with the changes,
In accordance with Act N 762-IV ( 762-15 ) 15.05.2003)

Article 3. Order of creation of PFG
1. Decision on creation (registration) of union and delivery
His status as PFG is accepted by the Cabinet of Ministers of Ukraine.
implementation of public development programmes for the development of priority industries
the production and structural overhaul of Ukraine ' s economy,
approved by the laws or regulations of the Verkhovna Rada of Ukraine, and
I'm sorry, I'm not sure
2. The question of creating a PFG violates before the Cabinet
Ministers of Ukraine are authorized by the person (person) of the initiators of the creation
PFG, which delivers on the name of the Prime Minister of Ukraine such documents: instructing the initiators of the creation of the PFG to the right of authorized
Persons present in the Cabinet of Ministers of Ukraine
PFG; General Agreement on Manufacturing
PFG final products signed by all creation initiators
PFG; Technical and economic project for the rationalization of the creation of PFG; conclusions of the respective field ministry or office
Ukraine, State Property Fund of Ukraine, Antimonopoly Committee
Ukraine regarding the feasibility of the creation of the PFG, concerning the
Feasibility and General Agreement; enumeration documents to the State Budget of Ukraine
of the State Council for the adoption of the TFG
The Cabinet of Ministers of Ukraine with one thousand dimensions of installed
The current legislation of the non-tax income minimum
Citizens for a month.
3. Cabinet of Ministers of Ukraine takes consideration of projects
the creation of a PFG on the condition that the estimated amount of implementation
The final products of PFG will be equivalent to the sum of one hundred million
It was the first year since the second year of the year since the establishment of the TFG.
This line can be extended by a separate Cabinet position
Ministers of Ukraine in the event of establishing a PFG for production
Newly-mastered finite product types and with long-term
The cycle of production.
4. The Cabinet of Ministers is obliged to consider the project
creating a PFG and make a decision to create (registration) PFG,
which is decorated with the decision of the Cabinet of Ministers of Ukraine, or
Denial of creation (registration) PFG, which is decorated
by a protocol decision by the Cabinet of Ministers of Ukraine, in a three-month period
the term-in case of a project involving Ukrainian main
enterprises and members of PFG; in a six-month term-in case of a project review
Transnational PFG. In case of non-acceptance of the Cabinet of Ministers of Ukraine
the terms of decision on the draft (registration) PFG
The relevant officials of the Cabinet of Ministers of Ukraine are carrying
Disciplinary responsibility. Person Authorized Simultaneously
The initiators of the creation of the PFG have the right to withdraw the TFG creation project
Review. The paid state customs are subject to return in the undisputed world.
All right, according to the executive inscription, wingled with a notary. {Paragraph
Third of fourth article 3, with changes made in
Law N 2435-VI 2435-17 ) of 06.07.2010}

5. Position of the Cabinet of Ministers of Ukraine
(registration) PFG must be approved: General Agreement on operable production activities
PFG final products; the PFG name; the list approved by the established law,
government programs to implement which are created by PFG; main enterprise PFG; president PFG; exhaustive list of PFG participants; exhaustive list of the names of the final products of PFG; the term on which the PFG is created and which cannot exceed
the implementation of the relevant state program; other conditions under the authority of the Cabinet of Ministers
Ukraine within the current legislation.
6. Decision to establish (registration) of the transnational PFG
Accepted by the Cabinet of Ministers of Ukraine only under the circumstances of the previous
Convention on the Treaty of the United States of America
Verkhovna Rada of Ukraine. Inter-State Treaty on the Establishment of a PFG
must be approved: General Agreement on Compliant Production Activities
End-products PFG; name PFG; main enterprise PFG; exhaustive list of PFG participants; exhaustive list of final FGM products; the term per PFG is created; the terms of taxation of the main enterprise and PFG participants
according to the laws of Ukraine, guarantees from the change of tax
legislation; conditions of crossing the customs border for intermediate products of PFG
and the guarantee of their change.
7. FGM should contain phrases
"Industrial Financial Group (PFG)". Use of "industrial-financial group (PFG)" in
the names of the entities of business activities that are not registered for
The rules of this Act are not permitted.
8. Order of creation (registration), reorganization, elimination
The PFG is set by the Cabinet of Ministers of Ukraine.

Article 4. The benefits provided by the main enterprise and
Members of PFG
1. Taxation of PFG intermediate and final products
In accordance with the current legislation of Ukraine.
2. Main venture and PFG participants are exempt from
Payment of visa (export) and customs fees in the case of
Export of intermediate products.
3. Main venture and PFG participants are exempt from
Payment of check (import) and customs fees in the case of
import of intermediate products.
4. On banks, PFG participants do not extend restrictions on
The contributions of commercial banks to the statutory funds of other businesses and
organizations established by the fourth Article 3 of the Act
Ukraine "About Banks and Banking" 872-12 ), in part
investment in developing or developing and upgrading
Production of the final and intermediate products of PFG. Acquired corporate ownership and other property
rights in these cases are stored by banks after reorganization
or liquidation of PFG.
5. Use of the main enterprise or PFG member
The benefits given by this article are not for the production of the final and
The intermediate production of PFG is the injection from taxation and pulling for
a responsibility under the current legislation, as well as the
The basis for the liquidation of PFG or the removal of the PFG participant from
PFG. Article 5. Accounting and Reporting on End and Intermediate
PFG products
1. The main enterprise and the PFG participants shall
accounting and lead statistical reporting on the
and implementation of the final and intermediate products of PFG
according to the legislation of Ukraine. 2. Internal PFG prices may not be lower than cost
products.
3. State regulation of the final output of PFG
In accordance with the current legislation of Ukraine. State regulation of the price of intermediate PFG products not
is applied.
4. Realization of the intermediate and final production of PFG by means of
The barter operations are prohibited.
5. PFG member Bank has the right to hold clinicians
the payment of payments for the intermediate output between the main
The United States of America and the European Union (PFG) and the NPF.
6. Control and inspection of PFG activities shall be exercised within
its competence of the Cabinet of Ministers of Ukraine,
tax inspection, National Bank of Ukraine, Antimonopoly
committee of Ukraine, other government bodies, as well as audit
organizations.
Article 6. Reorganisation of PFG
1. Exclusion (exit) of the main enterprise or participant of PFG
The composition of PFG is carried out by taking the Cabinet order
Ministers of Ukraine. Exclusion from PFG
The PFG venture is pulling the PFG reorganization and its new
registration according to Article 3 of this Act. During the reorganisation of PFG in connection with the exception (output)
PFG members of PFG are losing
The right to the benefits provided by Article 4 of this Act. In case of reorganization, state customs for the adoption of the project
PFG to review the Cabinet of Ministers of Ukraine
Paid.
2. Re-organizing the PFG by excluding (exit)
enterprises or participant of PFG from the PFG Cabinet of Ministers
Ukraine can exercise in such cases: by the representation of the Main State Tax Inspection of Ukraine in Ukraine
The case is more than a two-time violation of articles 4 and 5 of the
Law; termination by the ruling or law adopted by the Verkhovna Rada
Ukraine, the execution of a state program, with the purpose of implementing
Under Article 3 of this Act, PFG was established; due to the ineffective implementation of PFG relevant
Government programs.

Article 7. Liquidation of PFG
Liquidation of PFG is carried out by decision making
Cabinet of Ministers of Ukraine in cases: in relation to the end of the approved term of its activity; in relation to the failure of the reorganization of PFG in cases,
As predicted by Article 6 of this Act; on the initiative of PFG participants.

President of Ukraine
Um ... Kiev, 21 November 1995
N 437 /95-VR