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Law No. 28-II “On enterprises.”

País/Territorio
Turkmenistán
Tipo de documento
Legislación
Fecha
2000 (2021)
Fuente
FAO, FAOLEX
Materia
General
Palabra clave
Negocios/industria/corporaciones Cooperativa/organización de productores Registro Salud pública Certificación Acceso-a-la-información
Área geográphica
Asia, Mar Caspio, Asia Central, CEI (Comunidad de Estados Independientes), Europa y Central Asia, Naciones en desarrollo sin litoral, Asia del Norte
Entry into force notes
This Law enters into force on the date of its official publication.
Resumen

This Law determines legal, economic and organizational grounds for constitution, functioning and termination of enterprises in Turkmenistan. An enterprise is an independent subject of economic activities created in accordance with this Law for manufacturing of products, sale of goods, performance of work and provision of services in order to meet the needs of society and make a profit. The legal status of an enterprise is a system of the legislative order of the rights and obligations of the enterprise as a subject of rights. An enterprise becomes a subject of law from the moment of its state registration. The enterprise, on its own behalf, acquires and exercises the rights, assumes responsibilities. The state guarantees the observance of rights and legitimate interests of enterprises, provides them with equal opportunities for access to material, financial, labor and other resources, contributes to the development of free competition. An enterprise is created without limiting the period of activity if legislation of Turkmenistan or constituent documents of the enterprise have not established other terms of activity. An enterprise is created by decision of its founder (s). The founders of the enterprise may be capable physical and legal entities, including foreign states. An enterprise can be created on the basis of a spin-off from the enterprise of one or more new enterprises, as well as as a result of its separation. The basis for the creation and operation of the enterprise is foundation agreement, which is concluded by the founders of the enterprise. Foundation agreement is a constituent document concluded by the founders of an enterprise. Foundation agreement is not concluded when creating a state enterprise, as well as if the enterprise is created by one founder. The company's charter is a document that defines the legal the status of the enterprise as a legal entity. The company's charter is the constituent document of the enterprise. certification of the establishment of an enterprise in Turkmenistan, as well as its reorganization or liquidation; maintaining a unified accounting of enterprises constituted in Turkmenistan, and also subject to reorganization or liquidation; providing legal entities and natural persons with appropriate information about constituted, reorganized or liquidated enterprises on the territory of Turkmenistan. State registration of enterprises is carried out by the Ministry of Finance and Economy of Turkmenistan on the basis of conclusions issued by its regional divisions and in the city of Ashgabat. An enterprise that has passed state registration is issued certificate of state registration. Enterprises operate in the following organizational legal forms: state enterprise; individual enterprise; cooperative enterprise; joint venture; an enterprise of a public organization; business entity; joint-stock company. The scope of the enterprise is not limited if the activities carried out, the methods used and funds do not belong to those prohibited by the legislation of Turkmenistan. The company is liable for damage (harm) caused to life and health of the employee, in the manner prescribed by law of Turkmenistan. This Law consists of XI Chapters divided into 63 Articles. Chapter I lays down general provisions. Chapter II regards constitution of enterprises. Chapter III regards state registration of enterprises. Chapter IV establishes organizational and legal forms of enterprises. Chapter V regards subsidiaries, branches and representative offices of enterprises. Chapter VI regards joint activities and association of enterprises. Chapter VII establishes fundamentals of the economic activity of enterprises. Chapter VIII regards property of enterprises and the authorized capital of enterprises. Chapter IX regards reorganization of enterprises. Chapter X regards suspension, termination of activities and liquidation of enterprises. Chapter XI establishes liability for violation of the Law of Turkmenistan “On enterprises” and regulates dispute settlement.

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