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Investment Projects
Construction of a complex of apartment houses with attached premises of social and cultural life, underground parking garages in Tyumen, 25th of October-Ordzhonikidze-Osipenko
Industry Economics: Construction Materials
Place project: Tyumen, 25th of October-Ordzhonikidze-Osipenko.
The volume of investments: 1500 million rubles

Home / Investments in the Tyumen region / Legislation in support of investment activity

Legislation in support of investment activity

About realisation of law «About the state support of investment activity in the Tyumen region»
ADMINISTRATION OF THE TYUMEN REGION
THE DECISION
From January, 17th, 2005 N 2-pk

ABOUT REALIZATION OF LAW «ABOUT THE STATE SUPPORT
INVESTMENT ACTIVITY IN THE TYUMEN REGION»

(In ed. of orders of the government of the Tyumen region from 13.06.2005 N 80-p, from 06.02.2006 N 21-p, from 16.07.2007 N 159-p, from 15.10.2007 N 247-p, from 12.11.2007 N 276-p)

With a view of development of investment activity in the Tyumen region and realisation of its state support in frameworks of the Law of the Tyumen region from 08.07.2003 N 159 (in ed. from 10.12.2004) «About the state support of investment activity in the Tyumen region»:
1. To appoint the authorized organ on realisation of the Law of the Tyumen region from 08.07.2003 N 159 «About the state support of investment activity in the Tyumen region» department of investment policy and the state support of business of the Tyumen region (Shumkov V. M).
(Item 1 in ed. of orders of the government of the Tyumen region from 15.10.2007 N 247-p)
2. To confirm:
Regulations about investment council according to attachment N 1;
Regulations about examination of investment projects according to attachment N 2.
3. Organizational maintenance of activity of investment council to assign to department of investment policy and the state support of business of the Tyumen region.
(In ed. of orders of the government of the Tyumen region from 13.06.2005 N 80-p, from 15.10.2007 N 247-p)
4. To publish the decision in mass media by the department of information policy of the Tyumen region (Novopashin A.P.)
(In ed. of orders of the government of the Tyumen region from 13.06.2005 N 80-p)
5. To recognise as invalid clause:
The decision of the Governor of the region from 24.12.2003 N 413 «About measures on development of investment activity in the Tyumen region»;
The decision of the Governor of the region from 09.03.2004 N 69 «About modification of the decision from 24.12.2003 N 413».
6. The control over decision execution to assign to Moor A.V., deputy the Governor of the region.
(Item 6 in ed. of orders of the government of the Tyumen region from 06.02.2006 N 21-p)

The governor of the region
S.S.SOBYANIN

Attachment N 1
To the decision of
Administrations of the Tyumen region
From January, 17th, 2005 N 2-pk

REGULATION
ABOUT INVESTMENT COUNCIL
(In ed. of orders of the government of the Tyumen region from 13.06.2005 N 80-p, from 06.02.2006 N 21-p, from 12.11.2007 N 276-p)

I. General provisions

1.1. The investment council (further - Council) is formed with a view of consideration of investment projects, and also for development of recommendations about expediency of rendering of the state support of investment activity in the forms provided by the Law of the Tyumen region from 08.07.2003 N 159 (ed. from 10.12.2004) «About the state support of investment activity in the Tyumen region» (further - the Law).
1.2. Council is constantly joint organ.
1.3. Council is guided by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, the orders of the Government of the Russian Federation, the Charter and laws of the Tyumen region, decisions and orders of the Governor of the region and the Government of the Tyumen region, the present Position in the activity.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)

II. Formation and structure of Council

2.1. Council is formed of representatives of the Tyumen regional Duma and area enforcement authorities of the Tyumen region on an equal footing of 10 persons: the chairman of the Council, the vice-president of Council, councillors, the secretary of Council.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
2.2. The personal structure of Council affirms by the order of the Government of region.
(In ed. of order of the government of the Tyumen region from 06.02.2006 N 21-p)
The personal structure of the councillors who are representatives from the Tyumen regional Duma, affirms by the Governor of the region on the basis of the order of the chairman of the Tyumen regional Duma.
2.3. The chairman of the Council:
Supervises over Council work, plans its activity, and controls performance of decisions of Council;
Signs reports of sessions of Council;
Convokes Council sessions;
Gives commissions to councillors within the powers;
Co-operates with interested organs on consideration of references of the Russian and foreign investors, organizes preparation of corresponding decisions within the limits of priority directions of investment policy of the Tyumen region.
2.4. For lack of the chairman of the Council of its function the vice-president of Council executes.

III. The Council Competence

3.1. The Council competence is concerned:
- Preparation of offers by definition of priority directions of investment policy of the Tyumen region;
- Consideration of investment projects and preparation of recommendations about rendering of the state support of investment activity to holders of investment projects, forms and conditions of its granting;
- Preparation of recommendations about change of conditions on the agreements concluded earlier with holders of investment projects of the Tyumen region, including on change of forms of the state support;
- Preparation of recommendations about the termination and preschedule return of investment means, cancellation of investment agreements.

IV. The operating procedure of Council

4.1. Council sessions are spent as required, but is not more rare than an once in a half-year, are convoked by the chairman of the Council under its own initiative, the initiative of the vice-president of Council, on request of not less than three councillors.
(Item 4.1 in ed. of order of government of the Tyumen region from 12.11.2007 N 276-p)
4.2. The secretary of Council notifies councillors and invited both about time and a place of carrying out of session of Council in coordination with the chairman of the Council not less than 3 days prior to session. The materials prepared for session of Council simultaneously are sent.
4.3. The materials prepared for session of Council, the vice-president of Council represents in his absence - one of councillors on the instructions of the chairman of the council.
4.4. Council session is considered competent with the assistance of not less than six (6) councillors. Council considers questions at session according to the prepared agenda. The chairman of the Council, the vice-president of Council, councillors have the right to make additions to the session summons at a consensus. The session summons is accepted at Council session.
4.5. Council decisions are considered accepted if for them has voted more than half of councillors present at session. Each councillor has one voice. In case of equality of voices the voice of the chairman of the council is solving.
4.6. By consideration of the investment projects requiring reception of the state support, Council can be guided by following criteria:
- A place of registration of the subject of investment activity;
- Conformity of the investment project to priority directions of investment policy of the Tyumen region;
- A financial condition of the subject of investment activity;
- Volume of own (involved) investments put by the holder of the investment project in realisation of the investment project;
- The demanded volume of the state support;
- Creation and preservation of workplaces;
- Others.
4.7. The Council decision is made out by the report which subscribes the chairman and the secretary.
The decision of Council about expediency of rendering of the state support of investment activity should define conditions of realisation of the investment project: the form of the state support, its volume (if it is expressed), term on which the state support is given, the maintenance form (in case the certain form of the state support demands that), other conditions of realisation of the project.
The chairman of the Council, the vice-president of Council, councillors have the right to state the separate opinion which the secretary is obliged to put to the report, the corresponding mark in the report is became.
4.8. The secretary of Council prepares the conclusion on the basis of the made decision which is subscribed by the chairman of the Council:
About expediency of rendering of the state support of investment activity (with instructions of forms, volumes and terms of rendering of the state support);
About inexpediency of rendering of the state support of investment activity;
About necessity of completion of the investment project with its subsequent repeated direction on consideration by Council;
About expediency of the termination of the state support of investment activity.
The conclusion of Council with applied on it the report, the investment project and documents to it, including with the conclusions of the authorized organ and structural divisions, is went to the authorized organ for:
Preparations of the project of the order of the Government of region about the statement of the investment project;
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
Return of the presented documents to the holder of the investment project (except presentation of the investment project);
Notices of the holder of the investment project on necessity of completion of the investment project;
Preparations of the project of the order of the Government of region about the termination of the state support of investment activity.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
4.9. Depending on subjects of the investment project in case of need on the instructions of the chairman of the Council by the authorized organ representatives of other interested organisations can be invited to Council sessions as independent experts.

V. Final provisions

5.1. Work in Council is carried out on public principles.




Attachment N 2
To the decision of
Administrations of the Tyumen region
From January, 17th, 2005 N 2-pk

REGULATION
ABOUT EXAMINATION OF INVESTMENT PROJECTS

(In ed. of orders of the government of the Tyumen region
From 13.06.2005 N 80-p, from 16.07.2007 N 159-p)

The present Regulation defines conditions and an order of carrying out of examination of investment projects.

I. Conditions of carrying out of examination

Necessary condition for start of consideration of the investment project is representation by the holder of the investment project to the authorized organ of following documents:
1.1. The written reference in the form of the investment demand for rendering of the state support. The short description of the investment project is an integral part of the investment demand. The description should contain the information about the sizes and terms of investments, forms of the state support of investment activity, an order of use of the means given in the form of the state support, expected economic and (or) other effect useful to the Tyumen region from realisation of the investment project. The description volume should not exceed 5 sheets.
(In ed. of orders of the government of the Tyumen region from 16.07.2007 N 159-p)
The indicators characterising reception economic and (or) other effect useful to the Tyumen region from realisation of the investment project, are:
(The paragraph is entered by the governmental order of the Tyumen region from 16.07.2007 N 159-p)
- Volume of made production;
(The paragraph is entered by the governmental order of the Tyumen region from 16.07.2007 N 159-p)
- Receipt of taxes and other obligatory payments in the budget of the Tyumen region;
(The paragraph is entered by the governmental order of the Tyumen region from 16.07.2007 N 159-p)
- Number of workers of list structure;
(The paragraph is entered by the governmental order of the Tyumen region from 16.07.2007 N 159-p)
- Volume of capital investments.
(The paragraph is entered by the governmental order of the Tyumen region from 16.07.2007 N 159-p)
The list of indicators can be added taking into account specificity of the investment project.
(The paragraph is entered by the governmental order of the Tyumen region from 16.07.2007 N 159-p)
1.2. The presentation of the investment project executed in program Microsoft Power Point, with short reflexion of essential conditions of the investment project.
1.3. The investment project (including the business plan), confirmed by the head of the holder of the investment project. The version on the magnetic carrier (executed in program Project Expert 7.0) is represented in addition.
1.4. The decision of meeting of shareholders or board of directors about the statement of the investment project (including the business plan).
1.5. Copies of constituent documents of the organisation, change and addition to it, which is registered for date of giving of the investment demand, and is assured notarially or in the organ carrying out the state registration.
1.6. Copies of certificates on INT assignment, about statement on the account in tax department and about entering of record in the Uniform state register of legal bodies with marks of tax department.
1.7. Copies of licenses for the right of realisation of corresponding economic activities according to the legislation of the Russian Federation, assured notarially (it is given by the holder of the investment project in case of realisation of the activity demanding reception of the license).
1.8. Orders on appointment to the post of the head (with the appendix of corresponding extracts from the report) and the chief accountant.
1.9. Accounting balances of the organisation for last fiscal year and last three accounting periods of current year with appendices (forms N N 1 - 5) with a mark of tax department about reporting acceptance, the explanatory notes made according to requirements of the Ministry of Finance of the Russian Federation.
Demanded forms of the reporting are given for the smaller period (since the moment specified in the certificate on the state registration) if the organisation exists less than 1 year.
1.10. The inquiry of tax department on the location of the holder of the investment project about absence of debts under taxes and other obligatory payments in budgets of all levels and the state off-budget funds on the first date of application.
1.11. The forms of the statistical reporting confirming quantity of workplaces at the enterprise, the size of fund of a payment, with a mark of organ of the statistical reporting about acceptance (form N P-4 «Data about number, a wages and movement of workers»).
1.12. Documents on property, including decoding of the basic means (in case of registration as a deposit by the holder of the investment project of the basic means), offered in pledge or which can be a pledge subject.
Reception of the above-stated documents by the authorized organ is made out by the reception-transfer certificate.
The authorized organ has the right to request the additional documents necessary for specification or the decision of questions, arising at carrying out of examination of the investment project within 30 days after signing of the certificate of reception-transfer.
The investment project is registered after the above-stated term and in case of conformity of documents of the holder of the investment project to requirements of the authorized organ.
Registration in the authorized organ of the statements of holders of investment projects are not subject:
The documents which are presented an incomplete package;
Informed on itself doubtful data.
In case of revealing by the authorized organ in the course of acceptance of documents on registration at the holder of the investment project of presence of one of the bases set forth above the investment demand is not considered, and all accepted from the holder of the investment project documents are subject to return.
Registration of the investment project consists in entering of the data about this project in the register with assignment to it of identification number. The register is made as in electronic form and on the paper carrier and is provided with necessary protection against unapproved access.

II. Examination of the investment project

2.1. Within 3 days after registration of the investment project the authorized organ directs the investment project to enforcement authority of region depending on subjects of the investment project for the conclusion which prepares it within 20 days after receipt of a package of documents from the authorized organ.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
The conclusion includes check of the data about branch indicators of the investment project, the analysis of a financial condition of the holder of the investment project, an estimation of competitiveness of made production and/or services, conclusions of enforcement authority of region.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
Simultaneously the authorized organ directs a copy of the investment demand to Department of the finance of the Tyumen region for conclusion preparation about possibility of granting of measures of the state support at the expense of budget means. The conclusion should contain the information about presence of sources of financing of the state support or dropping out incomes of the budget as a result of rendering of the state support.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
The department of the finance of the Tyumen region within 7 days after receipt of documents makes out the conclusion and represents it to the authorized organ.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
2.2. In the course of carrying out of examination of the investment project the holder of the investment project is obliged on request of the authorized organ and the enforcement authorities of region which are carrying out of examination, to represent the additional information.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
2.3. After reception of the conclusions from regional enforcement authorities the authorized organ within 20 days makes examination of the investment project (research on conformity of the data containing in the investment project and parameters, including carried out investments specifying in efficiency, to the data and the parameters received by a settlement way).
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
Result of examination is the conclusion of the authorized organ.
The positive expert judgment of the authorized organ is the basis for a direction of the investment project on consideration in investment council.
The negative expert judgment of the authorized organ is the basis for:
- Return of the presented documents to the holder of the investment project (except the presentation of the investment project);
- Return of the investment project on completion to the holder of the investment project.
2.4. In case of a direction of the investment project on consideration in the investment council, the authorized organ notifies in writing by the holder of the investment project about the decision accepted at its session, within 5 working days.

III. Working out and signing of the investment agreement

3.1. The project of the order of the Government of region about the statement of the investment project directs by the authorized organ to the Government of region for its acceptance in an order provided by Regulations of the Government of the Tyumen region.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
Non acceptance of the project of the order of the Government of region in an order defined in the present point, is the basis for return of the presented documents to the holder of the investment project (except the presentation of the investment project).
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
Acceptance of the project of the order of the Government of region is the basis for the conclusion of the investment agreement.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
3.2. The authorized organ spends coordination with the holder of the investment project, and also necessary coordination according to Regulations of the Government of region by working out of the investment agreement to which depending on the form of the state support projects of contracts of the maintenance are put.
(In ed. of order of the government of the Tyumen region from 13.06.2005 N 80-p)
According to article 6 of the Law in the investment agreement the size and terms of investments, conditions and forms of the state support of investment activity, the right and a duty of the parties, a responsibility of the parties for infringement of conditions of the investment agreement, an order and the bases of its preschedule cancellation, an effective date of the investment agreement are defined.
3.3. The coordinated projects of the investment agreement, projects of contracts of maintenance are transferred by the authorized organ to the Governor of the region or other person authorized by it for signing.

IV. The order of modification of the investment agreement

Holders of the investment project of the Tyumen region direct to the authorized organ the notice with offered changes and a substantiation of necessity of their entering in case of occurrence of the circumstances demanding modification of already confirmed investment agreement. The authorized organ has the right to request additional documents in case of need.
Necessity of the decision on carrying out of repeated examination and representation of additional documents is accepted by the authorized organ.
The order and terms of consideration of modification of the investment project are defined in an order provided for consideration and the statement of the investment project in the present Regulation.
 

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