Metus Morawi, Prime Minister of the Republic of Poland / AFP
It is a draft to improve the law on the state-owned property management and some other acts adopted by the Council of Ministers. The project was prepared by the Chancellor Chief of the Prime Minister.
The new rules are to improve some of the laws of the December 16, 2016, and implement new rules on the actions taken in the amendments of the January 1, 2017, regarding the state-owned property management principles and the amendment of state-owned property management system.
The proposed changes will remove the doubts of interpretation arising out of the implementation of the law on the state's property management, clarify and supplement some provisions with new solutions, which will allow the project's organizers to improve efficiency and the functioning of governmental organizations. On January 1, 2017, more effective use of state-owned property management and provisions of the Act.
The most important solutions adopted in the project are related to strengthening, clarifying and supplying of the Prime Minister's efficiencies and functions in companies with State Treasury shareholding. According to the project, all the companies with the Treasury shareholding area have been expanded in the area of capabilities of the Prime Minister to coordinate the study of the rights of the Treasury in the state and equally determine the exercise of rights from the shares of state treasury.
CIR explained in the advertisement that the project expands the area of cases approved by the Prime Minister in voting instructions prepared by the authorized entity to use the rights of shares owned by state treasury or state legal entity – important companies for state economy.
There is a limited amount of space in the current catalog, because it only covers things mentioned in the art. Consent by the general consent of the arrangement of the management of the remuneration rules and management and the appointing of supervisory board members, to provide relevant provisions related to the articles or organization's articles of consent, disposal of sale and purchase of certain categories of assets fixed by the company, 17 of the law on state property management; . According to the draft, relevant issues should also be covered in the notice: increase the company's share capital, reduce – merger, division, transformation, dissolution of the company, purchase new issue shares, sell, lease or exclude the rights of its organized body.
CIR added that in the draft amendment, the powers of the Prime Minister are extended to explain the ability to use the same exercise rights from the stocks held by the State Treasury for all the companies having state treasury exercises and Treasury shareholding.
These rights, however, will not include performances by the government's Plenipotentiary for the Strategic Energy Infrastructure Rights from the share of state treasury shares in relation to the power transaction system operator and operator of the gas transmission system and PERN.
Draft reform – as reported by the CIR – also gives general ability to buy shares on behalf of the Treasury. Prime Minister will be able to request information about the activities of Treasury shareholding companies from all organizations or organizations using the powers of the State Treasury and the rights of Treasury shares.
CIR added that this draft state also improves the transfer of the right to use rights from the shares of the Treasury. "This transfer occurs in the regulation of the Prime Minister, in which it specifies the list of companies which include the names of other state council members, government representatives or state political persons, including the only shareholder companies in the State Treasury, the exercise powers of the State Treasury." .
The Government also announced that the draft reform provides for the creation of new State's Special Purpose Fund – Capital Investment Fund – which is to provide financing sources for the shares or subscribable subscribes and subscriptions. The project expects that the fund will be managed among others, 30% of any dividend is payable by the profit of a person's state Treasury companies, as well as advances for the expected dividend on shares held by the state treasury. According to the draft, these funds will become funded from January 2020.
CIR said in a communication that the draft changes the rules and regulations related to the Council for companies with the provisions related to the requirements of appointing an observer member as well as state treasury shareholding by the authorized person to use the rights of shares of the State Treasury. State legal persons "The persons selected in the observer organization by the farmers or the fishermen will be covered by the same needs of the persons elected by the employees as members of the inspector organization" – it was directed.
The draft state also provides for the change in the rules for disposal of shares owned by the state treasury or state legislatures. Drafting writers suggest that the rights to govern the ownership of the state treasury or state-owned legislatures should be divided, but it should be emphasized that the rights under shares or shares are issued, which have a characteristic characteristic of the market, that is, pre- Free right can be disposed of. . New exceptions were introduced from the requirement to get the cabinet approval for the sale of shares by the authorized entity to use the rights from the treasury shares of the state for the sale of shares in the state treasury. In the case of sale of a company's shares, the state treasury does not hold more than 20 percent. Share capital, however, the value of these shares exceeds PLN 10,000,000. This change is mainly due to the so called worries of SP's remaining remains.
In addition, the list of companies has been expanded by the project, in which shares and rights from treasury shares are not eligible for sale and an exception has been issued to sell those shares in a company whose sole shareholder is listed in the state treasury or other state legal entity or other company. Article 13, and after receiving the consent of the ministerial council. Currently, this list consists of 25 companies, whose shares owned by the Treasury can not be disposed of. According to the project, this list was expanded by four companies: PERN, Pozza Polska, Polesky Groupa Lottinna and Polski College Pentewova. All these companies are the only shareholder companies in the Treasury, due to their importance for the state's economy, the important functions of public works and the treasury interests, should be the only State Holders of the State Treasury.