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RESOLUTION #5 OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN OF JANUARY 15, 2015 On Approving the Regulation on the Procedure of Liquidating Non-State-Owned, Not-for-Profit Enterprises

On Approving the Regulation on the Procedure of Liquidating Non- State-Owned, Not-for -Profit
Enterprises
26.01.2015
RESOLUTION #5 OF THE CABINET OF MINISTERS
OF THE REPUBLIC OF UZBEKISTAN OF JANUARY 15, 2015

In accordance with D ecree #PP -2085 of the President of the Republic of Uzbekistan On Additional
Measures on Rendering Assistance to the Development of Institutions of Civil Society of December 12,
2013, the Cabinet of Ministers hereby resolves:

1. To approve th is Regulation on the Procedur e of Liquidating Non-State, Not-for- Profit Enterprises
according to th e Addendum herein below.
2. The Ministry of Justice of the Republic of Uzbekistan , jointly with ministries and departments
concerned, is hereby instructed to implement a set of measures aimed at a broad explanation of the
procedure of liquidation of non-state, not-for- profit organizations .
3. Control over the execution of this resolution is hereby vested in A. Ikramov , Deputy Prime Minister of
the Republic of Uzbekistan , and N. T. Yuldashev , the Minister of Justice of the Republic of Uzbekistan.

Prime Minister of the Republic of Uzbekistan SH. MIRZIYOYEV
ADDENDUM
to Resolution #5 of the Cabinet of Ministers of the Republic of Uzbekistan of January 15, 2015

REGULATION
on the Procedure of Liquidating Non- State, Not-for -Profit Organizations

I. General Provisions
1. This regulation defines the procedure for voluntary and compulsory liquidation of non -state, not- for-
profit organizations, their separate subdivisions that a re legal entities, representations and branches of
international and foreign non -state not -for- profit organizations (hereinafter, NGOs), and the procedure
of closing separate subdivisions of the NGOs that are not legal entities.
The rules of the present Re gulation shall not apply in the liquidation of NGOs that show signs of
bankruptcy provided for by applicable legislation.

2. Voluntary liquidation of an NGO is carried out based on a decision of its supreme body, and forced
liquidation based on a court decision.
Voluntary liquidation of public funds is carried out by court decision based on the application of an
interested person, in the manner and within the time limits specified in the relevant paragraphs of
S ection II hereof.
3. For individual NGOs , a pplicable legislation may establish other characteristics and conditions for their
liquidation than those herein specified.
II. Voluntary Liquidation of NGOs
4. Voluntary liquidation of NGOs is carried out according to the procedure provided for by A ddendum #1
hereto.
5. The decision on voluntary liquidation of an NGO is adopted by the supreme body duly authorized for
that purpose in accordance with the constituent documents. The decision shall state:
the composition of the liquidation c ommittee (if the liquidation commission is appointed by the
founders (participants) of the NGO, this fact has to be stated in the decision);
the list of existing separate subdivisions of the NGO (with a separate indication of the units that are legal
entities and are no t legal entities);
an in struction regarding the opening of cases on the termination of activit y and the liquidation of
separate subdivisions , if in accordance with the constituent documents the ir liquidation is vested in their
governing bodies;
the planned liquidation date ; and
the destiny of the assets remaining after the satisfaction of creditors’ claims (information about how to
use it for the NGO’s basic statutory purposes and objectives and (or) about the recipients of this
property as a charitable don ation).
The composition of an NGO liquidation commission usually include s persons with appropriate legal and
(or) economic education and (or) practical experience in accounting.
W ith the consent of relevant state agencies , the composition of the liquidatio n commission may also
include their specialists.
6. Information about the composition of the liquidation c ommission (full name, place of residence, main
place of work and title , and telephone numbers of the member s), as well as the decision to liquidat e th e
NGO adopted by its supreme body shall be submitted to the legal authority that registered the NGO
( hereinafter, the registering body) within three business days.
If its constituent documents do not require the establishment of a separate liquidation commission for
the liquidation of a separate subdivision, information about the joint liquidation commission appointed
by the parent organization shall be submitted to the registering body which registered that separate
subdivision after the approval of its composition in the manner specified in Paragraph 7 hereof.

The decision to liquidat e representative offices and branches of international and foreign NGOs ,
adopted by the c entral authority of the parent organization, shall be submitted to the registering body
within 15 days from the day it was le galized or apostill ed in accordance with the established procedure.
7. Within two business days from the receipt of information about the composition of the liquidation
commission, the registering body, if it has n o objections to the composition, makes an entry in the single
state register of legal entities and informs the state tax and statistics authorities , as well as the
appropriate district (city) division of the Department for the Enforcement of Court Decisions and the
M aterial and F inancial Provision of the A ctivity of Courts under the Ministry of J ustice of the Republic of
Uzbekistan ( hereinafter, the Judicial Department) at the place of the NGO’s state registration that the
NGO is in the process of elimination.
Should it have objections to the composition of the liquidation c ommission, the registering body notifies
the NGO’s supreme body about its reason ed objections and suggestions in writing and within the time
limits provided for in the first subparagrap h of this paragraph. If it makes no objections and suggestions
within those time limits, the composition of the liquidation commission shall be deemed approved.
From the moment the composition of the liquidation commission is approved by the registering body,
the commission assumes all powers for the management of the NGO. Within three business days its
founders (participants) and (or) the members of its governing body are required to pass an inventory of
all document s related to the NGO’s activity, its seals and stamps, as well as other property to the
liquidation commission.
8. The liquidation c ommission:
a) carries out the liquidation procedure and ensures that the interests of the NGO’s creditors, founders
(participants), and members of gov erning bodies or other employees are taken care of ;
b) ensures, within the framework of the liquidation procedure, that the writs of execution which involve
the NGO as a debtor are duly enforced ;
c ) represents the NGO and signs its financial, payment and o ther documents without a power of
attorney ;
d ) issue s orders and other acts that are obligatory for execution by all employees of NGOs; and
e) decides on issues within its competence in accordance with this Regulation .
9. The meetings of the liquidation committee are organized by its chairman. At the meeting , all issues
are resolved by voting and adopted by a simple majority of votes of the members of the commission. In
the case of a split vote, the chairman has the decisive vote.
10. The powers of the liq uidation commission shall cease in the following cases:
(a) upon the completion of the liquidation procedure – when the registering body mak es the
appropriate entry on the liquidation of the NGO in the single state register of legal entities;
b) after the NGO resume s its activit y – upon the completion of the liquidation pro cedure and the
adoption of the decision to resume activity;
c ) after the NGO is declared bankrupt – when the court decides to declar e the NGO bankrupt and
initiat e a liquidation procedure; and

d) after a new liquidation c ommission is appointed – when making the deci sion on the appointment of a
new liquidation commission . In these cases, all document s, seals, stamps and other property of the NGO
are passed to the newly appointed liquidation commission within two days .
11. Within three business day s, the liquidation commission, upon approving its composition with the
registering body, submit s:
(a) a copy of the decision on voluntary liquidation and a specimen signature of the c hairman of the
liquidation commission ;
b) a request to close bank accounts and transfer available balances to the NGO’s main account in
national currency – to banks serving the NGO’s secondary deposit account s, savings deposit accounts
and term d eposit accounts in national currency and the deposit accounts of separate subdivisions that
are not legal persons;
c ) a request to close bank accounts and transfer available balances to the NGO’s on-demand d eposit
account in foreign currency with the bank of its main account in national currency or an on -demand
d eposit account in foreign currency in another authorized B ank if the b ank serving the NGO’s main
account is not an authorized bank – to banks in which it has on -demand, savings, and term deposit
accounts in foreign currency.
12. Sufficient c onfirmation of receipt of these documents is a mark made by the bank about the date of
receiving the documents, or a written or electronic message from the bank to the liquidation
commission , or a postal receipt of sending the documents to the bank, and the like .
13. The decision to liquidat e the NGO:
(a) from the date of notification of the registering body:
suspends the activity of the NGO and its separate subdivisions that are not legal entities;
cancels all previously taken measures to secur e creditors ’ claims;
prohibits any amendments and additions to the NGO’s constituent documents;
allows no transactions concerning alienation of property or entailing the transfer of property to third
persons other than in the manner p rescribed by this Regulation; and
deem s the deadline for the performance of all obligations and deferred obligatory payments to have
occurred ;
b) from the date of notification of the banks serving the NGO:
permits to withdraw funds from the accounts of NGOs in national and foreign currency only on behalf of
the liquidation commission in the order established by applicable legislation;
suspends the operation of Credit History File # 2;
close s the NGO’s secondary deposit account s, savings deposit accounts and term deposit accounts in
national currency, the deposit accounts of separate subdivisions that are not legal entities – by banks

serving those accounts, and transfers the remaining funds to the NGO’s main account on the basis of a
payment order;
close s the secondary deposit account, savings and term deposit accounts in foreign currency – by banks
serving those accounts based on a request of the liquidation commission, and transfers the remaining
funds to an on -demand deposit account in foreign currency opened with the bank of its main account in
the national currency, or to a n on -demand deposit account in foreign currency in another authorized
B ank if the b ank serving the NGO’s main account is not a n authorized bank.
14. The liquidation commission (after approv ing its composition with the registering body):
(a) takes , in accordance with the procedure established by applicable legislation, measures to terminat e
labor relations with the NGO’s employees and clos e the separate subdivisions that are not legal entities;
b) makes an inventory of the NGO’s assets and liabilities in the manner prescribed by law, including a
registry of the writs of execution which involve the NGO as a debtor;
c ) prepare s calculations for all ty pes of taxes and other obligatory payments paid by the NGO for the
period from the beginning of the year till to the date of notification by the registering body about the
liquidation of the NGO ;
d ) take s measures to recover the NGO’s receivables and ident ify and inform creditors in writing about
the liquidation of the NGO with a receipt confirmation ( stamp with the receipt date, a postal receipt, a
written or electronic message, and the like);
e ) arrange s for the publication of a notice about the liquidation of the NGO in one or more periodicals,
stating:
the full and abbreviated name s of the NGO (includ ing all full and abbreviated names that were changed
in the year preceding liquidation);
the NGO’s location (postal address) and taxpayer ’s identification number;
information about the date of registration and the registering body (name and address);
information about the decision to liquidate the NGO (date, number); and
the deadline for creditors ’ claims. This term should not be less than tw o months from the date of
publication of the notice .
15. Not later than ten days from the date of receipt of notification of the registering body, the d istrict
(city) division of the Judicial Department inquires, in the prescribed manner, whether the writ of
execution which involve s the NGOs under liquidation as a debtor is being processed . If it is, the bailiff
completes the relevant court procedure in accordance with the law and sends the writ of execution to
the liquidation commission for execution in th e procedure of liquidation .
16. Within three business day s from the date of receipt of the notification from the registering body in
the prescribed manner , the state tax authority at the place of the NGO’s state registration proceed s to
examine (audit) its activities, but not for longer than thirty calendar days.

17. At the end of the period for filing creditors’ claims and subject to the results of the state tax
authority ’s audit, and also taking into account the data of the register of writs of execution , the
liquidation commission dra fts an interim liquidation balance sheet .
The interim liquidation balance sheet is approved by the NGO’s supreme body.
18. Within five business day s after approval of the interim liquidation balance , the liquidation
commissi on notif ies each creditor, with receipt confirmation ( stamp with the receipt date, a postal
receipt, a written or electronic message, and the like), about the acceptance or rejection of his claims
and the recognized claim amount .
19. In accordance with the interim liquidation balance sheet, starting from the day of its approval, the
liquidation commission makes payment s to the creditors in the following order:
in the first place , the claims of individuals arising from an employment relationship or the payme nt of
alimony or remuneration under copyright agreements, as well as the claims of individuals the NGO is
liable to for causing harm to their life and health, by adding corresponding time payments;
in the second place , payments to the State B udget of the Republic of Uzbekistan and state trust funds;
and
in the third place , the claims of other creditors (in calendar order).
20. Satisfaction of claims of creditors secured by a collateral (mortgage) shall be at the expense of the
NGO ’s funds (with the exception of its public funds) received after the sale in the prescribed manner of
the mortgaged property (the collateral). The balance of these funds is intended to satisfy the claims of
creditors in the order of priority defined in Paragraph 19 hereof.
If the amount received from the sale of the collateral (mortgaged property) is not sufficient to satisfy the
claims of creditors secured by the collateral (mortgage d property), the remaining part of the claims shall
be satisfied in the order of priority defined in Paragraph 19 hereof.
21. I f monetary funds are insufficient for settlements with creditors , the liquidation commission invites
an appraisal organization to determine the market value of the NGO’s assets and arranges for their sale
at a pub lic auction.
The realization of limited liquidity assets is through a closed auction , with the participation of persons
eligible to having the said assets on the basis of property law or other right in rem .
Any property that is not r ealized within two months from the date of at the auction the property shall
be offered to creditors on the basis of its appraised value, observing the order of priority specified in
P aragraph 19 hereof.
22. Creditors ’ claims may be satisfied at the expense of funds directed by the founders (participants)
and other persons to the b ank accounts of the liquidated NGO.
23. If the creditors ’ claims are proved impossible to satisfy in full, the liquidation commission shall apply
to the economic court for the NGO to be recognized ba nkrupt. From the recognition of the NGO
bankrupt, voluntary liquidation is terminated and the further procedure is performed in accordance
with bankruptcy law .

24. If there remains some NGO property after the full satisfaction of claims of creditors, the l iquidation
commission uses it in ways and for purposes indicated in the supreme body’s decision on the
elimination of the NGO, and (or) gives it for charitable donations.
If it is im possible to use the remaining property for the purpose s of the NGO, it may be transferred to
the ownership of no t-for -profit organizations operating in spheres similar to that of the NGO’s basic
activity.
In all cases, the dispos ition of property is documented .
It is n ot allowed to distribute the remaining property between the f ounders (participants), members of
the governing body , or other employees of the NGO.
25. The liquidation commission shall draft the liquidation balance sheet after:
the completion of settlements with creditors and the actual e nforcement of issued writs of execution
involving the NGO as a debtor;
the payment of taxes and other obligatory payments, financial penalties, including based on the results
of the audit; and
disposition of property in the prescribed manner, after full satisfaction of credito rs’ claims .
26. The liquidation balance sheet is approved by the NGO’s superior organization and submitted to the
state tax authority. Concurrently, the liquidation commission shall send an inquiry to th e territorial
administration of the Judicial Departme nt as to whether any outstanding writs of execution in which the
liquidated NGOs is involved as a debtor are being processed by any bodies of the Judicial Department.
After it admits the liquidation balance sheet , the state tax authority body , provided that the NGO is not
in arrears on taxes and other obligatory payments , is required to issue an appropriate conclusion to the
liquidation commission within one business day. If it is not processing any writ of execution in volving the
NGO as a debtor, the appropriate t erritorial administration of the Judicial Department is obliged within
three business day s to send a written re ply to the liquidation commission .
27. After obtaining the report of the state tax authority to the effect that there are no ar rears on taxes
and other obligatory payments, and a written re ply from the territorial administration of the Judicial
Department stating that there is no outstanding writ of execution, the liquidation commission requests
the bank of the NGO ’s main account to close the account. W ithin one business day, the bank closes the
NGO’s account and gives the liquidator its report on the closure of the main account.
28. To make entries in the register about the liquidation of separate subdivisions that are not legal
p ersons , if any, the liquidation commission sends letters to the relevant authorities of justice within
three business day s after the closure of the main account .
The letter in cludes the guarantee that the separate subdivision has no liabilities to third pa rties as well
as the original of the certificate o f registration of a separate subdivision of a non -state non -commercial
organization.
W ithin three days , the Ministry of Justice organization which receives the letter makes an entry about
the liquidation of a separate subdivision in the Register of separate subdivisions without the legal entity
status and notifies the liquidation commission about it in writing within two days.

29. Within three business day s after the c losure of the main account, and i f the NGO has any separate
sub divisions that are not legal entities, after the receipt of notification s from the relevant justice
authorities to the effect that those separate subdivisions have been struck from the register, the
liquidation commission submit s all accounting and other documents provided for by the legislation to
the state archive, and seals and stamps to the appropriate internal affairs bodies for their elimination .
The NGO has separate sub divisions that are legal entities, all relevant documents shall be submitted to
the state archives, and seals and stamps to the internal affairs bodies within three business day s after
the termination of the liquidation procedure and the recei pt from justice authorities of a notice about
the exclusion from the register of separate subdivisions in the order stipulated in Paragraph 32 hereof.
30. To make an entry on the liquidation of the NGO in the single state register of legal entities, the
liquidation commission submit s the following documents to the registering body :
a certificate of registration of the liquidation of the NGO in the state register;
a notice of the liquidation published in one or more periodicals;
the original certificate o f state regis tration of a non -state non commercial organization and its c harter
( by -laws );
the liquidation balance sheet approved in the prescribed manner;
statements from banks about the closure of all accounts of the NGO;
the statements from judicial bodies about the exclusion of all separate subdivisions of the NGO , if any,
from respective registers;
documents certifying the dispos ition of the remaining property after full satisfaction of creditors ’ claims;
a statement from the internal affairs bodies about the elimination of the NGO’s seals and stamps;
all original licenses and permits, and certificates of state registration of the NGO’s emblems, if any ;
the report of the state tax service that there are no arrears on taxes and other obligatory payments;
a writt en reply from the territorial administration of the Judicial Department to the effect that there is
no outstanding writ of execution that involves the NGOs as debtor; and
the certificate of receipt of the NGO’s documents by the state archive.
31. Within five business days from the receipt of all documents referred to in Paragraph 30 hereof, the
registering body mak es an entry about the liquidation of the NGO in the state register.
Making an entry in the state register may be denied if the complete list of d ocuments is not submitted
or they are not executed in due manner, or if it has been found that the documents submitted contain
intentionally false information or violated the statutory procedure for the liquidation of NGOs.
I f the making of an entry in the state register is denied, the registering body shall send the liquidation
commission a letter stating the specific reasons for the denial and return all the documents received.
The decision on making an entry in the state register shall be issued in the form of an order of the head
of the registering body .

32. Within two business day s from the making of the liquidation entry in the state register , the
registering body :
inform s the liquidat ion commission and the state tax and statistics authorities about the liquidation of
the NGO; and
transfers the NGO’s licenses and permits , if any, to the authorities which issued them .

III. Forced Liquidation of Non- state
No t-for -Profit Organizations
33. Forced liquidation of NGOs is carried out according to the procedure provided for by Addendum # 2
hereto.
34. The decision on the compulsory liquidation of an NGO is a dopted by court on grounds provided for
by law.
In accordance with A rticle 54 of the Civil Code of the Republic of Uzbekistan, the liquidation commission
is appointed by court in consultation with the registering body.
35. Within three business day s from receiving the decision of the court , the liquidation commission
submits its copy of the registering body.
W ithin two business day s from the receipt of the copy of the court decision , the registering body makes
an entry in the single state register of legal entities to the effect that the NGO is in the process of
liquidation , and notifies the state tax and statistics authorities, as well as a district (city) division of the
Judicial Department at the place of the NGO’s state registration.
36. From the moment the court decision takes effect, the liquidation commission assumes all powers for
the management of the NGO. Within three business days, its founders (participants) and (or) the
members of its governing body are required to submit all document s related to the NGO’s activity, its
seals and stamps, as well as other property to the liquidation c ommission, listing it in a list .
37. The l iquidation procedure is carried out in the manner and within the time limits provided for in
paragraphs 8 to 22 of this Regulation.
The inter im liquidation balance sheet is approved by the liquidation commission after consultation with
the registering body which registered the NGO. If within one week from the receipt of the interim
liquidation balance sheet the registering body does not submit its objections in writing , the interim
liquidation balance sheet shall be deemed approved.
38. I f there remains any NGO property after full satisfaction of creditors ’ claims, the liquidation
commission shall use it for purposes indicated in the court decision to liquidat e the NGO. Documents
certifying the dispos ition of the property are made out in the process .
If the court decision to liquidate the NGO does not decide the destiny of the property, the liquidation
commission , within five business days after full satisfaction of creditors ’ claims, request s the court to
decid e t he destiny of the remaining property.

39. The liquidation commission shall draft the liquidation balance after:
the completion of settlements with creditors, as well as actual e nforcement of all issued writs of
execution which involve the NGO as a debtor;
the payment of taxes and other obligatory payments and financial penalties, including based on the
results of the audit; and
the disposition of remaining property for purposes indicated in the court decision – after full satisfaction
of editors’ claims.
The l iquidation balance sheet is approved by the liquidation commission after consultation with the
registering authority which registered the NGO. If within one week from the receipt of the liquidation
balance sheet the registering body does not submit it s objections in writing , the liquidation balance
sheet shall be deemed approved.
40. After its approval the liquidation balance is submitted to the state tax authority. Concurrently, the
liquidation commission sends an inquiry to th e territorial administra tion of the Judicial Department as to
whether any outstanding writs of execution in which the liquidated NGO is involved as a debtor are
being processed .
W ithin one business day a fter the adoption of the liquidation balance sheet , the state tax authority s hall
issue the liquidation commission with a report stating that there are no arrears on taxes and other
obligatory payments , provided there are none . W ithin three business day s, the territorial administration
of the Judicial Department shall give the liquidation commission a written reply stating that there are no
outstanding writs of execution being processed, provided there are none .
41. All further liquidation procedures and the making of an entry on the liquidation of the NGO in the
single state regist er of legal entities shall take place in the manner and within the time limits provided
for in paragraphs 27 to 32 hereof.

IV. Final P rovisions
42. At any stage of a voluntary liquidation b efore making an entr y on the liquidation of the NGO in the
single state register of legal entities , a person duly authorized by the NGO’s supreme body may decide
to resume the organization’s activity and terminat e the liquidation process.
43. The total period of the voluntary liquidation of an NGO may not exceed seven mo nths from the date
of notification about the decision of the registering body about the voluntary liquidation.
If within the specified period the documents referred to in Paragraph 30 hereof are not submitted to the
registering body , or it is not notified about the authorized person’s decision to resume the
organization’s activity and terminate the liquidation process , the registering body sends its inquiry to
the liquidation commission .
If the shortcomings identified in the inquiry are not removed , the registering body shall bring pressure
to bear upon the responsible persons and consider measures for the compulsory liquidation of the NGO.

44. The founders (participants) of NGOs, members of the governing body or other employees and
members of the liquidation commission are responsible for the accuracy of the documents prepared by
them and their compliance with the legislation.
45. Persons guilty of violation of the requirements hereof, including damage caused to creditors,
founders (participants), members of the governing body or third parties as a result of nonperformance
or improper performance of their duties, shall be liable in accordance with applicable legislation.

The Collection of L egislation of the Republic of Uzbekistan,
January 26, 2015 , # 3, p. 29

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