Legal regime of state-owned enterprises and commercial organizations Legal regime of state-owned enterprises and commercial organizations Legal entities may be organizations pursuing profit as its goal -based activities (commercial organization) or do not have profit as a goal and not distributing the profits among the participants (non-profit organization).

Legal entities that are commercial organizations may be created in the form of: business partnerships and companies, producers' cooperatives state and municipal unitary enterprises.

Legal entities as non-profit organizations can be created in the form of: consumer cooperatives, social or religious organizations (associations), funded by the owner of the institutions, charitable and other funds, as well as in other forms prescribed by law. Non-profit organizations may engage in business activities only insofar as it is necessary for their statutory purposes.

You can create associations of commercial and non-commercial organizations in the form of associations and unions. The main provisions of the state-owned enterprises 1. State-owned enterprises can be unitary enterprises based on the right of economic management and state-owned enterprises, based on the operational management. 2. Property of the state enterprise is indivisible and can’t be spread on deposits (shares), including among the company's employees.

3. Brand name of state-owned enterprises should indicate the owner of the property. 4. Authority of the state enterprise is the leader, who is appointed by the owner or his body, and be accountable to them. 5. The state enterprise is created, reorganized and liquidated by the decision of the public authority. 6. The legal status of state-owned enterprise established by this Code and the Law of the Republic of Tajikistan "On the state-owned enterprises

Unitary enterprise, based on the right of business 1. State Unitary Enterprise - a commercial organization, not endowed with the ownership of the allotted to it by the owner of the property. 2. Unitary company created by the decision of the authorized state body. 3. The founding document of the unitary enterprise is its charter approved by the authorized state body. 4. Capital stock unitary enterprise can’t be less than the amount determined by law. 5. Before the registration of a unitary enterprise authorized capital of the company must be fully paid by the owner.

6. If at the end of the financial year, the net asset value unitary enterprise is less than the size of the authorized capital, the pre- reviewed statute of the enterprise, the authority empowered to create the one enterprise is obliged to make a reduction in the prescribed manner capital fund. If the net asset value is less time -measure defined by law (part 3 of this article), the enterprise may be liquidated by a court decision.

7. In the event of a decision to reduce the authorized fund. It brought obliged to notify in writing its creditors. Company has the right to request the termination or early performance obligations to which the debtor is an enterprise, and impact - beds accommodation losses. 8. State unitary enterprise is liable for its obligations with all its assets and liabilities shall not be liable. The property owner is not liable for the obligations of a unitary enterprise, except as specified in paragraph 3 of Article 57 of this Code and other legislative acts.

A subsidiary of the State Unitary Enterprise 1. State unitary enterprise can create with the owner's consent as a legal entity other unitary enterprise (subsidiary) by transferring to him in the prescribed manner of his property for economic management. 2. Founder approves the charter subsidiary, appoints its head. 3. State Unitary Enterprise, except as specified in paragraph 3 of Article 57 of this Code shall not be liable for the obligations of the subsidiary.

State enterprise, based on the operational management State enterprise, based on the operational management 1. A state-owned enterprise with a public property on the basis of operational management. 2. State enterprise created by the decision of the Government of the Republic of Tajikistan or the local executive body of state power. 3. The founding document of the state enterprise is its charter approved by the founder.

4. Brand name of the enterprise, based on the operational management should include a reference to the fact that the enterprise is a treasury. 5. Economic activities of state enterprise is defined by its goals and objectives lay out in the charter. 6. The Republic of Tajikistan or political unit shall bear subsidiary liability for the obligations of the treasury the enterprise.