State Enterprises Zhanat Alimanov, assistant professor

Terms 1. Right of Business Management – право хозяйственного ведения 2. Right of Operational Management – право оперативного управления 3. Legal organizational form – организационно-правовая форма

Plan (state enterprises) I. Types of State Enterprises II. Peculiarities III. Why do we need these organizational form?

BY GOAL For profit Legal Entities State Enterprise Production Cooperative Business Partnerships Corporations Business Unions Non-profit Legal Entities Public Associations Public Funds Religious Associations Consumer Cooperatives Agencies/Учреждения

I. Types of State Enterprises What is State Enterprise? What types do we have? Let’s look at the Civil Code.

I. Types of State Enterprises 1. Based on the right of Business Management 2. Based on the right of Operational Management

II. Peculiarities

Example Andrei supplied 1,000 tons of gas (топливо) to State enterprise “Almaty transport” at the price of KZT 100,000 per ton. Total sum is KZT 100 mln. Almaty akimat is the founder of the company.

Example Let’s assume that Almaty transport experiences financial difficulties, and cannot pay back the debt. Is Almaty akimat liable?

Example Let’s assume that Almaty transport experiences financial difficulties, and cannot pay back the debt. Is Almaty akimat liable? Chapter 9 & 10

II. Peculiarities 1. Liability

Example 2 Let’s assume that Almaty Akimat would like to raise money, and sell part of state enterprise “Almaty transport.” Can it do it?

Example 2 Let’s assume that Almaty Akimat would like to raise money, and sell part of state enterprise “Almaty transport.” Can it do it? Art. 102

Example 2 Let’s assume that Cabinet of Ministers of KZ would like to raise money, and sell part of Samruk Kazyna. Can it do it?

Example 3 Let’s assume that Almaty Akimat would like to raise money, and Sell all state enterprise “Almaty transport.” Can it do it?

Example 2 Let’s assume that Cabinet of Ministers of KZ would like to raise money, and sell all shares of Samruk Kazyna. Can it do it?

II. Peculiarities 1. Liability 2. Control

Example 4 Let’s assume that Almaty Transport would like to raise money, and sell its office? Can it do it?

Business Management (chapter 9) Operational Management (chapter 10) Buy & sell any property except main assets Sell only its production

III. Why do we need these forms?

Question 1 What legal organizational form has Казахский научно-исследовательский институт экологии и климата?

Question 2 What does “научно-исследовательский Институт” mean from legal point?

Question 2 What does “научно-исследовательский Институт” mean from legal point? Nothing.

Question 1 Казахский научно-исследовательский институт экологии и климата

III. Why do we need these forms? What legal organizational form has КазГидромет?

III. Why do we need these forms? What legal organizational form has КазГидромет? Art. 104, p. 4

III. Why do we need these forms? What legal organizational form has Казспецэкспорт ?

III. Why do we need these forms? In what areas we have these enterprises? Why do we need this form?

III. Why do we need these forms? In what areas we have these enterprises? National Importance Why do we need this form? Control.

BY GOAL For profit Legal Entities State Enterprise Production Cooperative Business Partnerships Corporations Business Unions Non-profit Legal Entities Public Associations Public Funds Religious Associations Consumer Cooperatives Agencies/Учреждения