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YEAR OF FAMILY
August 14, 2012
Refining the Laws to Govern Family Business: Economic viability of families in the spotlight
The harmonious relation between state and society is developing even more intensively this year, named in Uzbekistan as the Year of Family, since our nation has always been paying great attention to the family and its welfare.
The national policy in this context is accompanied by a strong legislative framework. We should especially emphasize the adoption of the Law of the Republic of Uzbekistan on the Family Enterprise.
To implement the provisions of the abovementioned law, the legislature is gradually taking steps to optimize the regulatory framework. The government resolution dated July 19 this year, on amendments and addenda to some resolutions of the government of the Republic of Uzbekistan became an essential step in the realization of these goals.
The improvements in the government legal acts, affected by this resolution, are driven by the fact that the law mainly regulates the legal relations associated with the family business carried out in form of a legal entity.
The government resolution is aimed at improving the regulatory framework governing the activities of the family business and at creating a legal framework for family businesses without legal entity. In particular, the document introduces additions to the regulations on the procedure of liquidation of companies not engaged in financial and business operations and those that have not formed their authorized funds within the terms. Thus, according to a new rule base liquidation may be the fact, when the family business is the only participant.
The resolution also amended the procedure of state registration, registration of business entities and obtaining of registration permits in respect of the memorandum of association of family enterprise.
According to a new regulation, the memorandum of association include appropriate changes and additions, when the head of a family business is replaced, or the number of participants in a family business increases or decreases, or in case of divorce between spouses, or family member’s death resulting in a change in the list of their property passed to the balance of the family business. However, the state registration of amendments to the memorandum of association of family businesses is not required.
The government resolution is also noteworthy because it sets the average annual number of participants in a family business with a minimum of two people, which is included in the classification of enterprises and organizations related to small business entities, approved in 2003 by the Cabinet of Ministers. Moreover, the regulatory clarification was made in the content of the regulations on the implementation of the family business and the craft activity. Thus, in the name and the relevant paragraphs of the provision, the family business became known as a family enterprise without legal entity. No less remarkable in the changes is also the duties of the family businesses and artisans to pay the trainees applicable fees, which serves to strengthen social justice and respect for labor.
As is evident from the content of government regulations, support for the family business in the future will be one of the pillars of the national socioeconomic policies, whose main components are labor protection and social justice, protection of the poor and provision of real opportunities for self-realization in terms of market economy. (Source: Uzbekistan Today newspaper)
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