Approved
by the resolution of the akimat
from February 3, 2020
№ 45
Regulation
municipal state enterprise
"Veterinary station of the city of Arkalyk"
The veterinary Department of the akimat of Kostanay region
General provisions
The municipal State Enterprise "Veterinary Station of the city of Arkalyk" of the Veterinary Department of the Akimat of Kostanay region (hereinafter referred to as the Enterprise) is a legal entity in the organizational and legal form of a state enterprise on the right of economic management.
The enterprise was renamed in accordance with the resolution of the Akimat of Kostanay region "On Renaming district and city State Municipal veterinary enterprises adopted at the level of regional municipal property as property complexes" on February 3, 2020 No. 45.
The founder of the Enterprise is the Akimat of Kostanay region.
The rights of the subject of the right of municipal state property in relation to the Enterprise are exercised by the Akimat of the Kostanay region.
The body that manages the Enterprise is the Akimat of Kostanay region (hereinafter referred to as the local executive body).
The local executive body authorizes the state institution "Veterinary Department of the Akimat of Kostanay region" (hereinafter referred to as the Management Body) to perform a number of functions for the management of the Enterprise.
Company Name: municipal state enterprise "Veterinary Station of the city of Arkalyk" of the Veterinary Department of the Akimat of Kostanay region.
Location of the Company: Republic of Kazakhstan, 110300, Kostanay region, Arkalyk city, Shakshak Zhanibek Street, building 72.
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 Company has an independent balance sheet, bank accounts in accordance with the legislation, forms, a seal with the image of the State Emblem of the Republic of Kazakhstan and the name of the Company.
An enterprise may not create legal entities, as well as act as a founder (participant) of another legal entity, except in cases provided for by the laws of the Republic of Kazakhstan.
The company may establish branches and representative offices in accordance with the legislation of the Republic of Kazakhstan.
Civil 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 to be completed from the moment of registration, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
Subject and objectives of the Company's activities
The subject of the Company's activities is the implementation of activities in the field of veterinary medicine.
The purpose of the Enterprise is to conduct veterinary activities on the territory of the city of Arkalyk.
To achieve this goal, the Company carries out the following activities::
1) carrying out veterinary measures against particularly dangerous, non-infectious and enzootic animal diseases;
2) identification of farm animals;
3) provision of services for artificial insemination of farm animals;
4) provision of services for the transportation( delivery), storage of veterinary drugs against particularly dangerous and enzootic animal diseases, as well as transportation (delivery) of products (means) and attributes for the identification of farm animals;
5) maintenance of animal burial grounds( biothermal pits), slaughterhouses (sites for slaughtering farm animals), the construction of which is organized by the local executive bodies of the relevant administrative-territorial units;
6) capture and destruction of stray dogs and cats;
7) issue of a veterinary certificate;
8) maintaining a database on the identification of farm animals and issuing an extract from it;
9) sampling of biological material and their delivery to the veterinary laboratory;
10) provision of services for the transportation of sick animals for sanitary slaughter.
The company is prohibited to carry out activities, as well as to make transactions that do not meet the subject and purpose of its activities, as 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 the constituent documents, or in violation of the statutory competence of the head, may be declared invalid at the request of the Management Body or the prosecutor.
The actions of the manager 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.
Enterprise Management
Local executive body:
1) decides on the establishment, reorganization and liquidation of the Enterprise;
2) approves the Company's Charter, makes changes and additions to it;
3) assigns communal property to the Enterprise;
4) gives consent to the establishment of branches and representative offices by the Enterprise;
5) makes decisions on the use of the Company's property, including the transfer of its pledge, lease, gratuitous use and trust management;
6) provides control over the use and safety of the Company's property;
7) makes decisions on the lawful seizure of property from the Enterprise;
8) exercise other powers provided for by the legislation of the Republic of Kazakhstan.
Management body:
1) determines the priority areas of activity and mandatory amounts of work (services) financed from the Enterprise budget;
2) reviews, coordinates and approves the Company's development plans and reports on their implementation;
3) exercises control over the use and safety of the Company's property, control and analysis of the implementation of the Company's development plans;
4) by the decision of the local executive body, ensures the reorganization and liquidation of the Enterprise;
5) appoints and dismisses on the recommendation of the head of the Enterprise, his deputy (deputies), the chief accountant;
6) sets the annual amount of the Enterprise's wage fund;
7) establishes the size of the official salaries of the head of the Enterprise, his deputies and the chief (senior) accountant, the system of their bonuses and other remuneration;
8) approves the appointment and dismissal of the directors of the branches and representative offices of the Enterprise on the proposal of the head of the Enterprise;
9) organizes the accounting of the Company's property, ensures its effective use;
10) exercise other powers assigned to it by this Charter and other legislation of the Republic of Kazakhstan.
The body of the Enterprise is its head.
The appointment of the head, the conduct of his certification is carried out in accordance with the procedure determined by the authorized body for state planning, with the exception of cases established by the legislation of the Republic of Kazakhstan.
The management body forms out labor relations with the head of the Enterprise through the conclusion of an employment contract in accordance with the Labor Code of the Republic of Kazakhstan.
The employment contract, in addition to the conditions established by the Labor Code of the Republic of Kazakhstan, defines the responsibility of the head of the Enterprise for late transfers of the established part of net income to the budget.
The head of the Company is personally responsible for the financial and economic activities and the safety of the Company's property.
The Head of the Enterprise is personally responsible for the organization of anti-corruption measures in the Enterprise.
The Head of the Enterprise acts on the principles of unity of command and independently solves all issues of the Enterprise's activities in accordance with its competence, determined by the legislation of the Republic of Kazakhstan and this Charter.
Director:
1) without a power of attorney, acts on behalf of the Company and represents its interests in all bodies;
2) within the limits established by the legislation of the Republic of Kazakhstan, dispose of the property of the Enterprise;
3) enters into contracts and makes other transactions;
4) issues power of attorney;
5) opens bank accounts;
6) issues orders and gives instructions that are mandatory for all employees of the Enterprise;
7) in accordance with the Labor Code of the Republic of Kazakhstan, accepts and terminates an employment contract with employees of the Enterprise, applies incentive measures and imposes penalties on them, unless otherwise provided by the legislation of the Republic of Kazakhstan and this Charter;
8) approve the remuneration, staffing, salaries, system of bonuses and other remuneration of employees (with the exception of his deputies and the chief (senior) accountant), within payroll;
9) submit to the management Body candidates for appointment and dismissal of their deputies, chief accountant;
10) establishes the competence of its deputies and other senior employees of the Enterprise;
11) appoints and dismisses the directors of the branches and representative offices of the Enterprise in consultation with the Management Body;
12) approves the regulations on branches and representative offices of the Enterprise;
13) performs other functions provided for by the legislation of the Republic of Kazakhstan.
Assets Of The Company
The property of an Enterprise consists of the assets of an 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 the employees of the Enterprise.
The Company's property is formed at the expense of:
1) the property transferred to it by the owner;
2) property (including cash income) acquired as a result of its own activities;
3) other sources not prohibited by the legislation of the Republic of Kazakhstan.
An enterprise can only manage the property that is either necessary for it to support the activities provided for by its statutory goals, or is the product of this activity.
The acquisition and termination of the right of economic management are carried out on the terms and in the manner provided for by the Civil Code of the Republic of Kazakhstan for the acquisition and termination of property rights and other property rights, unless otherwise provided for by this Charter or does not contradict the nature of this property 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 the economic management of the Enterprise in accordance with the procedure established by the legislation of the Republic of Kazakhstan for the acquisition of property rights.
The economic management of the property in respect of which the owner decided on fixing it for now, there is the company at the time of the consolidation of assets on its balance sheet, unless otherwise established by the legislation of the Republic of Kazakhstan or by the decision of the owner.
The company does not have the right to alienate property related to fixed assets on the basis of contracts of sale, exchange, or donation.
The economic management of assets of the company shall be terminated on the grounds and in the manner provided for by article 249 of the Civil code of the Republic of Kazakhstan for termination of the right of ownership, as well as in cases provided for by paragraph 36 hereof.
In addition to the general grounds for termination of the right of economic management provided for in paragraph 35 of this Charter, the right of economic management is terminated in cases of lawful seizure of property from the Enterprise by the decision of the owner.
Cases of lawful withdrawal, in particular, include:
seizure of property that does not meet the objectives of the statutory activity of the Enterprise on the right of economic management;
the removal of unwanted, unused or used for other purposes of the property.
In the decision on the seizure of property that is under the right of economic management, the local executive body establishes the terms of maintenance and ensuring the safety of the seized property before its transfer to another person.
The enterprise has the right, with the written consent of the local executive body, on the recommendation of the Management Body:
1) to establish branches, representative offices;
2) manage accounts receivable;
3) issue a guarantee or guarantee for the obligations of third parties;
4) to provide loans.
The enterprise independently disposes of movable property that is not related to fixed assets, which is assigned to it on the right of economic management.
The money received from transactions with the property specified in paragraphs 38 and 39 of this Charter is used by the Enterprise independently, unless otherwise established by the Budget Code of the Republic of Kazakhstan or by the owner (local executive body).
The cash accepted by the Enterprise in cash register in full must be credited to the corresponding bank accounts no later than three working days from the date of their acceptance. Cash withdrawal from the Company's cash desk is not allowed for any reason. The funds received in the Company's bank accounts are spent exclusively through non-cash payments.
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 regional budget no later than ten working days after the deadline set for submitting the corporate income tax declaration.
The company independently sells its products.
Prices for goods (works, services) produced by the Enterprise must ensure full reimbursement of the costs incurred by the Enterprise for their production, break-even of its activities and financing at the expense of its own income.
Prices for goods (works, services) produced within the scope of works (services) financed from the budget are set by the Enterprise in agreement with the Management Body.
The income received by the Company from making activities prohibited by the legislation of the Republic of Kazakhstan, not provided for by the Charter, as well as income, resulting overstatement of installed prices for their goods (works, services), created with funding from the budget, subject to seizure in the budget in the manner prescribed by the legislation of the Republic of Kazakhstan. If the facts of the use of the property are revealed without its corresponding reflection according to the accounting rules, it is also subject to withdrawal.
Authorized capital of the Company
The size of the authorized capital of the Enterprise is 114,090,489 (one hundred and fourteen million ninety thousand four hundred and eighty-nine) tenge 40 tiyn.
Accounting and reporting of the Enterprise
Accounting and preparation of financial statements of the Company is carried out in accordance with the legislation on accounting and financial reporting of the Republic of Kazakhstan and the accounting policy approved by the head of the Company in accordance with international financial reporting Standards.
The Company's annual financial statements include: balance sheet, income statement, cash flow statement, statement of changes in equity, and explanatory note.
State veterinary organizations maintain veterinary records and reports and submit them in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of veterinary medicine.
The Responsibility Of The Company
The enterprise is liable for its obligations with all its property and is not liable for the obligations of the State.
The State is not liable for the obligations of the Enterprise, except in cases of bankruptcy, which was caused by the actions of the local executive body. In these cases, the state is liable for the obligations of the Enterprise if the latter's funds are insufficient to meet the creditors ' claims.
Remuneration of employees of the Enterprise
The amount of the Company's salary fund is set annually by the Management Body.
The forms of remuneration, the staffing table, the size of official salaries, the system of bonuses and other remuneration are determined by the Enterprise independently within the established wage fund.
The size of the official salaries of the head of the Enterprise, his deputies, the chief (senior) accountant, the system of their bonuses and other remuneration are established by the Management Body.
Relations with the labor collective
The relationship between the administration of the Enterprise and the labor collective is determined in accordance with the Labor Code of the Republic of Kazakhstan and the collective agreement.
The operating mode of the Enterprise is established by the internal labor regulations and must not contradict the norms of the labor legislation of the Republic of Kazakhstan.
Reorganization and liquidation of the Enterprise
The reorganization and liquidation of the Enterprise are carried out by the decision of the local executive body.
An enterprise may also be liquidated on other grounds provided for by the Legislation of the Russian Federation. The Civil Code of the Republic of Kazakhstan.
The Management Body provides for the reorganization and liquidation of the municipal Enterprise.
The property of the liquidated Enterprise remaining after satisfaction of creditors ' claims is redistributed by the local executive body.
The money of the liquidated Enterprise, including the funds received as a result of the sale of the Enterprise's property, remaining after the satisfaction of creditors ' claims, is credited to the income of the regional budget.
Procedure for making amendments and additions to the Charter
Changes and additions to the Charter of the Enterprise are made by the resolution of the Akimat of the Kostanay region.
Director ________________________ __________
Full name signature