On basis of Art. 20.of the Law on Opening Balance Sheet of enterprises and banks ("Official Gazette of the Federation BiH," No. 12/98), Art. 31. of the Law on privatization of enterprises ("Official Gazette of the Federation BiH", Nos. 27/97, 8/99, 32/00, 45/00, 54/00, 61/01, 27/02, 33/02, 28/04 and 44/04), related to Art. 12. of the Law on Agency for privatization ("Official Gazette of the Federation BiH," Nos. 18/96 and 2/02), the Management Board of Agency for privatization in the Federation of Bosnia and Herzegovina, announces
BOOK OF RULES
ON PASSIVE SUB BALANCE SHEET
Article 1.
This Book of Rules determines : a way of acting, authority, responsibility of agencies and enterprises for subjects from Art.2.of this Book of Rules, as well as transfer of ownership, obligation for protecting and forming Registry of authorized agencies and Central Registry.
Article 2.
Subjct sof this Book of Rules are:
1) assets and rights with belonging capital of enterprises from Art. 1.of the Law on privatization of enterprises and priavtized enterprises, not controlled and not included into Sub Balance Sheet on the terittory of the states after ex- Socialistic Federal Republic of Yugoslavia (SFRY),
2) claims and liabilities till 31.03.1992. towards legal entities from states from ex -SFRY.
Article 3.
Subject from Art. 2. of this Book of Rules are transferred to authorized agencies for privatization with:
1) totally privatized enterprises, by a day bringing the Decision on conducted privatization and
2) partly privatized enterprises, which total capital comprises a stake of private capital over 50%, plus one share, by a day of issuing a Decision on conducted privatization.
Article 4.
Authorized privatization agency togetehr with other authorized bodies, initiate actvities according to positive legal rules, bacause of legal protection of subjects from Art. 2. of this Book of Rules.
Article 5.
Authorized Agency is eligible for: evidence, updating, research and collecting of documentation for subjects from Art. 2. of this Book of Rules.
Organizational unit/sector for Passiv Sub Balance of authorized agency for privatization is due to ensure necessary documentation for subjects from Art. 2. of this Book of Rules, to bring suits at authorized ministries/bodies, having/had authority of the capital management, in order to charge claims, transfer and booking of the ownership over real-estate and realize other aspects of protection.
Pursuant to Sect. 1. of this Art, authorized agency is due to do analysis of the Passive Sub Balance and other necessary documentation of each enterprise from Art 1. of the Law on privatization of enterprises, as well as privatized enterprises, and if necessary to nominate working Bodies for additional research, to collect data for subjects from Art. 2. of this Book of Rules.
In order to prevent overdue claims from the Passive Sub Balance, the evidence of installments and payment is to be kept.
Authorized agency is due to make a Registry of subjects from Art. 2. of this Book of Rules.
Article 6.
Enterprise and entities which certified/signed the Privatization Program and Opening Balance for privatization, are responsible for non stated subjects from Art. 2.of this Book of Rules, disclosed later as subjects which had to be stated.
Enterprises are due to make available authorized agencies with all data and documentation regarding to subjects from Art. 2. of this Book of Rules.
If it is determined that conditions from Section 1. of this Article are not obeyed according to Section 2. of this Art., authorized agency together with Public Attorney of the Federation BiH / Canton will start a process of responsibility against legal entities and those who signed the Privatization Program and Opening Balance Sheet.
Article 7.
Authorized ministry/body acting/acted the authority of capital management, together with authorized agency are obliged to make a Decision on ownership transfer, according to legal rules from this area, for subjects from Art. 2. of this Book of Rules for enterprises from Art. 3. of this Book of Rules, to the Federation or Canton, depending on capital management of these enterprises.
Acts from Section 1. of this Art. are the base to register ownership of these subjects from Art. 2. of this Book of Rules to authorized bodies and national institutions created after the break of SFRY.
Article 8.
This Book of Rules determines obligations of the Agency for privatization in the Federation BiH (Agency), within its authority to:
1) control, supervise and coordinate the implementation of regulations of this Book of Rules, giving advisory help,
2) make and keep Central Registry of the Federation BiH for subjects of Art.2.of this Book of Rules,
3) determine form and shape of Central Registry.
Cantonal agencies for privatization are obliged to submit to agency data which are ingredient part of the Central Registry, in electronic and written form,
Article 9.
This Book of Rules comes to force next day, since publishing in "Official Gazette of the Federation BiH"
No. 02-05-4932/04
Sarajevo; November, 30. 2004.
President of the Management Board of
Agency for privatization in FBiH
Božidar Matić.