On Amendments to the resolution of the Akimat of Zhanaozen dated October 10, 2019 No. 675 "On Amendments to the Charter of the State Communal Enterprise on the right of economic management "OZENINVEST"
The Akimat of the city of Zhanaozen DECIDES:
1. To make the following amendment to the resolution of the Akimat of Zhanaozen dated October 10, 2019 No. 675 "On Amendments to the Charter of the State communal Enterprise on the right of economic management "OZENINVEST" of the Akimat of Zhanaozen":
in the annex to the said decision:
paragraph 14 should be stated in a new wording:
"14. The purpose of the Company's activities are:
1) technical re-equipment and reconstruction of housing and communal services facilities;
2) organization of work to ensure the completeness of the collection of refundable funds by modernizing the collection system for utility products and services;
3) increasing the reliability of the operation of engineering networks, automation and the introduction of new technology;
4) streamlining the accounting and control of utility consumption;
5) services of water management and sewerage systems;
6) maintenance of state highways;
7) operation of sports and recreation facilities, parks of culture and recreation;
8) maintenance, operation, repair and reconstruction, as well as ensuring the safety of water management systems and structures owned by the state.".
2. The state municipal enterprise on the right of economic management "OZENINVEST" of the akimat of the city of Zhanaozen (Sh. Sharapatdinov) shall ensure the state registration of amendments to the Charter in the registration authority in accordance with the procedure established by the legislation of the Republic of Kazakhstan:
take other measures arising from this resolution.
3. Control over the implementation of this resolution shall be entrusted to the deputy akim of the city of Shalabaev B.
4. This resolution shall enter into force from the date of state registration with the registration authorities and shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
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Akim of the city
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Zh. Kaynarbayev
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Appendix to the resolution of the Akimat of the city of Zhanaozen
dated October 10, 2024 No. 482
Appendix to the resolution of the Akimat of Zhanaozen dated October 10, 2019 No. 675
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- General provisions
- The enterprise is a legal entity established in the form of the state municipal enterprise "OZENINVEST" of the akimat of the city of Zhanaozen on the right of economic management.
- The company was established in accordance with the Resolution of the Akimat of Zhanaozen dated February 8, 2000 No. 177.
- The founder of the Enterprise is the akimat of the city of Zhanaozen.
- The rights of the subject of the right of state communal ownership in relation to the property of the Enterprise are exercised by the Akimat of the city of Zhanaozen (hereinafter - the founder).
- The body responsible for the management of the Enterprise is the state institution "Zhanaozen city Department of Housing and Communal Services" (hereinafter - the authorized body of the relevant industry, local executive body)
- Name of the Enterprise:
In the state language: Zhanaozen kalasi akimdiginin "OZENIEVEST" sharuashylyk zhurgizu kukygyndagi memlekettik kommunaldyk kasiporny.
In Russian: The State municipal enterprise on the right of economic management "OZENINVEST" of the akimat of the city of Zhanaozen.
- Location: 130200, Republic of Kazakhstan, Mangystau region, Zhanaozen city, Munaily microdistrict, Kuangali Sarbopeev Street, building 2.
- The legal status of the Company
- An enterprise is considered established and acquires the rights of a legal entity from the moment of its state registration.
- The Enterprise has an independent balance sheet, bank accounts in accordance with the legislation, letterheads, a seal with the image of the State Emblem of the Republic of Kazakhstan and the name of the Enterprise.
- An enterprise may create, as well as act as a founder (participant) and other legal entity with the consent of the Akimat of the city of Zhanaozen.
- Civil law transactions concluded by an Enterprise and subject to mandatory state or other registration in accordance with the legislative acts of the Republic of Kazakhstan are considered completed from the moment of registration, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
- An enterprise has the right to acquire property and personal non-property rights on its own behalf, to bear obligations, to be a plaintiff and a defendant in court.
- The purpose and subject of the Company's activities
- The subject of the Company's activities are: provision of public services for consumers of the city of Zhanaozen. and the surrounding villages.
- The purpose of the Company's activities are:
- technical re-equipment and reconstruction of housing and communal services facilities;
- organization of work to ensure the completeness of the collection of refundable funds by modernizing the collection system for utility products and services;
- increasing the reliability of the operation of engineering networks, automation and the introduction of new technology;
- streamlining the accounting and control of utility consumption;
- services of water management and sewerage systems;
- maintenance of state highways;
- operation of sports and recreation facilities, parks of culture and recreation;
- maintenance, operation, repair and reconstruction, as well as ensuring the safety of water management systems and structures owned by the state;
- The company is not entitled to carry out, as well as to make transactions that do not meet the subject and objectives of its activities set out in this Charter.
- A transaction made by an Enterprise in contradiction with the objectives of its activities, specifically limited by the laws of the Republic of Kazakhstan or constituent documents, or in violation of the statutory competence of the director, may be declared invalid at the request of the authorized body of the relevant industry or the founder or the prosecutor.
- The actions of the director aimed at carrying out non-statutory activities by the Enterprise are a violation of labor duties and entail the application of disciplinary and material liability measures.
- In relation to the Company, the founder performs the following functions;
- makes decisions on the establishment, reorganization and liquidation of the Enterprise;
- approves the Company's Charter, makes changes and additions to it;
- monitors and analyzes the implementation of the Enterprise development plan;
- assigns communal property to the Enterprise;
- makes decisions on the use of the Company's property, including the transfer of it as collateral, lease, gratuitous use and trust management;
- provides control over the use and safety of the Company's property;
- organizes accounting of the Company's property, ensures its effective use;
- exercises other powers assigned to him by this Charter and other legislation of the Republic of Kazakhstan.
- The authorized body of the relevant industry:
1) carries out analysis and control over the safety of the Company's property and the implementation of the Company's development plan;
2) appoints the director and conducts his certification in accordance with the procedure determined by the Government of the Republic of Kazakhstan;
3) manages Enterprises;
4) approves the annual financial statements of the Company;
5) monitors the completeness and timeliness of the transfer of the established part of net income to Enterprises in the budget;
6) appoints and dismisses his deputy (deputies) on the proposal of the director of the Enterprise;
7) sets the annual amount of the Enterprise's wage fund;
8) sets the size of the official salaries of the director of the Enterprise;
His deputies and the chief (senior) accountant, the system of their bonuses and other remuneration;
9) resolves other issues referred to its competence by the legislation of the Republic of Kazakhstan.
- The body of the Enterprise as a legal entity is its director.
- The authorized body of the relevant industry formalizes employment relations with the director of the Enterprise by concluding an employment contract in accordance with the Labor Code of the Republic of Kazakhstan.
- In the employment contract, in addition to the conditions established by the Labor Code of the Republic of Kazakhstan, the responsibility of the director of the Enterprise for late transfers of the established part of net income to the budget is determined.
- The Director is personally responsible for the financial and economic activities and the safety of the Company's property.
- The Director acts on the principles of unity of command and independently resolves all issues of the Company's activities in accordance with its competence, determined by the current legislation of the Republic of Kazakhstan and this Charter.
- Director:
acts on behalf of the Company without a power of attorney and represents its interests in all bodies;
within the limits established by the legislation of the Republic of Kazakhstan, manages the property of the Enterprise;
concludes contracts and makes other transactions;
issues power of attorney;
opens bank accounts;
issues orders and gives instructions that are mandatory for all employees of the Enterprise;
in accordance with the Labor Code of the Republic of Kazakhstan, hires and terminates an employment contract with employees of the Enterprise, applies incentive measures and imposes penalties on them, unless otherwise provided by the current legislation of the Republic of Kazakhstan and this Charter;
approves the forms of remuneration, staffing, the size of official salaries, the system of bonuses and other remuneration for employees of the Enterprise (with the exception of their deputies and the chief (senior)accountant), within the established wage fund;
submits to the authorized body of the relevant branch a candidate for appointment and dismissal of his deputies;
establishes the competence of his deputies and other senior employees of the Enterprise;
He is personally responsible for anti-corruption work at the Enterprise;
performs other functions provided for by the legislation of the Republic of Kazakhstan.
- The Company's Property
- The property of the Enterprise consists of the assets of the Enterprise, the value of which is reflected on its balance sheet.
- The property of the Enterprise is indivisible and cannot be distributed among deposits (shares in the authorized capital, shares), including among employees of the Enterprise.
- The Company's property is formed at the expense of:
- the property of the owner devoted to him
- property (including cash income) acquired as a result of own activities ;
- other sources not prohibited by the legislation of the Republic of Kazakhstan.
- The management of an Enterprise may contain only the property that is either necessary for it to ensure the activities provided for by its statutory goals, or is a product of this activity.
- The acquisition and termination of the right of economic management shall be carried out on the terms and in accordance with the procedure provided for by the Civil Code of the Republic of Kazakhstan for the acquisition and termination of property rights and other proprietary rights, unless otherwise provided for by this Charter or does not contradict the nature of this proprietary right.
- Fruits, products and income from the use of property under economic management, as well as property acquired by the Enterprise under contracts or other grounds, are transferred to economic management
Enterprises in accordance with the procedure established by the legislation of the Republic of Kazakhstan for the acquisition of ownership rights.
The right of economic management to the property, in respect of which the owner has decided to assign it to the Enterprise, arises from the Enterprise at the time of securing the property on its balance sheet, unless otherwise established by the legislation of the Republic of Kazakhstan or the decision of the owner.
- An enterprise does not have the right to alienate property related to fixed assets on the basis of contracts of sale, exchange, donation.
- The enterprise independently disposes of movable property not related to fixed assets, assigned to it by the right of economic management.
- Financing of the Company's activities
- The Company's activities are financed in accordance with the development plan at the expense of its own income and budget funds received in accordance with the procedure established by the budget legislation of the Republic of Kazakhstan.
- The company transfers part of its net income to the appropriate budget no later than ten working days after the deadline set for submitting the corporate approach tax declaration.
- The company independently sells its products.
- Prices for goods (services, works) produced within the scope of works (services) financed from the budget are set by the Enterprise in agreement with the authorized body of the relevant industry.
- Prices for goods (services, works) produced and sold by an Enterprise are established taking into account the requirements of the laws of the Republic of Kazakhstan "On Natural Monopolies and Regulated Markets", "On Competition" and other laws of the Republic of Kazakhstan regulating the pricing of natural monopolies or market entities occupying a dominant or monopolistic position in the relevant commodity market.
- The authorized capital of the Company
- The size of the authorized capital of the Enterprise is 9,792,454,144 (Nine billion seven hundred ninety-two million four hundred fifty-four thousand one hundred forty-four tenge). The authorized capital must be fully formed by the owner (founder) by the time of the state registration of the Enterprise.
- Accounting and reporting of the Enterprise
- Accounting and preparation of financial statements of the Enterprise is carried out in accordance with the legislation on accounting financial reporting of the Republic of Kazakhstan and accounting policy approved by the director of the Enterprise in accordance with international financial reporting standards.
- The annual financial statements of the Company include:
Balance sheet, income statement, statement of cash flows, statement of changes in equity, explanatory note.
- Responsibility of the Company
- A state-owned enterprise on the right of economic management is responsible for its obligations with all property belonging to it.
- A state-owned enterprise on the right of economic management is not responsible for the obligation of the state.
- The state is not responsible for the obligation of a state enterprise on the right of economic management, except in cases of bankruptcy, which was caused by the actions of the founder, the authorized body for state property or the authorized body of the relevant industry, and in relation to the bankruptcy of a municipal state enterprise - by the actions of a local executive body. In these cases, the State is responsible for the obligation of a state-owned enterprise on the right of economic management if the latter's funds are insufficient to satisfy creditors' claims.
- The laws of the Republic of Kazakhstan may establish other cases of state responsibility under the obligation of a state enterprise on the right of economic management.
- Relationships with the workforce
- Mutual relations between the administration of the Enterprise and the labor collective are determined in accordance with the Labor Code of the Republic of Kazakhstan and the collective agreement.
- The mode of work of the Enterprise's remuneration by the rules of the internal labor regulations and should not contradict the norms of the labor legislation of the Republic of Kazakhstan.
- Remuneration of employees of the Enterprise
- The amount of the Enterprise's remuneration fund is set annually by the authorized body of the relevant industry.
- The forms of remuneration, staffing, the size of official salaries, the system of bonuses and other remuneration are determined by Enterprises independently within the established wage fund.
- The size of the official salaries of the director of the Enterprise, his deputies, the chief (senior)accountants, the system of their bonuses and other remuneration are established by the authorized body of the relevant industry.
- Reorganization and liquidation of the Enterprise
- The reorganization and liquidation of the Enterprise are carried out by the decree of the Akimat of the city of Zhanaozen.
Enterprises are also liquidated on other grounds provided for by the Civil Code of the Republic of Kazakhstan.
- The body that made the decision to liquidate the Enterprise appoints a liquidation commission, notifies the registering body of the beginning of the liquidation process, publishes information in the press and establishes, in accordance with the legislation of the Republic of Kazakhstan, the procedure and timing of liquidations
- The property of the liquidated Enterprise remaining after satisfaction of creditors' claims is redistributed by the founder.
- The money of the liquidated Enterprise, including funds received as a result of the sale of the property of this Enterprise, remaining after satisfying the creditors' claims, shall be credited to the income of the relevant budget.
- The procedure for making amendments and additions to the Articles of Association
- All changes and additions to the Charter of the Enterprise are made by the resolution of the Akimat of the city of Zhanaozen.
- In case of amendments and additions to the Articles of Association, the Company notifies the registration authority within one month.