Ministry of Treasury Department of Ownership Transformations - Organisational structure -

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Organisational structure

Department of Ownership Transformations

Director Andrzej Leszczyński
Deputy Anna Miazek
Email dpw@msp.gov.pl
Telephone /+48 22/ 695 87 22
Fax /+48 22/ 695 88 18

Tasks

  1. The department performs tasks in the scope of privatisation:

    1. in the scope of direct privatisation:

      1. conducts direct privatisation processes of state-owned enterprises for which the Minister is the founding body,

      2. prepares motions to the Council of Ministers for issuance of the permission for direct privatisation of state-owned enterprises / research and development entities in relation to which the Minister fulfils the function of the founding body / supervisory authority,

      3. implements tasks associated with the approval of sales of an enterprise or a research and development entity pursuant to Article 41 item 2 and Article 48 of the Act of 30 August 1996 on commercialisation and privatisation,

      4. implements tasks associated with the approval of contribution of an enterprise to the company pursuant to Article 41 item 2 and Article 49 item 1 and Article 50 item 1 of the Act of 30 August 1996 on commercialisation and privatisation,

      5. prepares motions to the Council of Ministers for issuance of the permission for direct privatisation of state-owned enterprises which do not fulfil the statutory criteria in privatisation processes implemented by governors of provinces;

    2. in the scope of indirect privatisation:

      1. prepares proposals of privatisation plans and defines planned revenues from privatisation for the following years,

      2. submits a recommendation concerning the commencement and conducting of the privatisation process to the competent member of the Ministry’s Management,

      3. cooperates with the organisational unit of the Ministry competent for issues related to public procurement while conducting the proceedings related to the selection of a privatisation advisor and with the organisational unit competent for issues associated with the acceptance of analyses prepared by the advisor,

      4. performs privatisation activities pursuant to the procedures envisaged in the Act on commercialisation and privatisation and submits the recommendation in the scope of activities undertaken to the competent member of the Ministry’s Management, in particular, in relation to the selection of the purchaser of stocks / shares,

      5. prepares draft privatisation agreements,

      6. performs activities aimed at concluding of the privatisation agreements,

      7. prepares amendments to the terms and conditions of the privatisation agreements,

      8. applies to the Department of State Treasury Property, on a mandatory basis, for expressing the opinion concerning re-privatisation claims referred to in Article 56 item 1(1) of the Act of 30 August 1996 on commercialisation and privatisation,

      9. applies to the Department of State Treasury Property, on a mandatory basis, for expressing the opinion concerning complimentary sharing of stocks / shares remaining after the termination of the process of complimentary sharing of stocks / shares in individual companies.

  2. The department examines and implements requests of governing bodies of local government entities and requests of governing bodies of associations of local government entities, concerning the free disposal of a part or all stocks held by the State Treasury, or shares of a company fulfilling the statutory premises of municipalisation

  3. The department implements tasks of the Minister of Treasury arising from Article 50 of the Act of 5 June 1998 on the local government of a province (Journal of Laws of 2015 items 1392 and 1890), consisting in submission of a part or all stocks or shares of companies held by the State Treasury.

  4. The department maintains databases related to the implemented privatisation and municipalisation projects.

  5. The department supervises the execution of non-price commitments resulting from privatisation agreements, municipalisation agreements and other agreements from which commitments generating potential financial effects for the State Treasury arise.

  6. The department submits information to the Department of Budget and Finance concerning the level of contractual penalties in case of finding the failure to perform or undue performance of the commitment referred to in item 1, in order to issue the request for payment, recognise it in the books and continue debt collection proceedings. The department prepares draft statements of the Minister concerning the failure to perform or undue performance of the commitment.

  7. The department keeps the register of non-price commitments referred to in item 5 and the register of investors failing to fulfil such commitments.

  8. The department exercises rights and obligations arising from agreements on releasing of an enterprise for free use and agreements for sales of an enterprise, concluded within the process of liquidation of state-owned enterprises and in the process of direct privatisation of state-owned enterprises, including the discharge of payment of additional fees up to the level of 2/3 of fees payable in the period of first eight quarters of effectiveness of the agreement on releasing of an enterprise for free use, and decrease of the enterprise value defined in the agreement on releasing of an enterprise for free use and the price defined in the sales agreement.

  9. The department deals with issues associated with the agreements on the transfer of an enterprise ownership, concluded as a result of implementation of agreements on releasing of an enterprise for free use within the process of direct privatisation or in the process of liquidation of a state-owned enterprise for the purpose of privatisation.

  10. The department prepares decisions concerning the discharge of mortgage, cancellation of pledges established to secure the State Treasury claims, or discharging other collaterals arising from direct privatisation.

  11. The department exercises State Treasury rights and obligations arising from participation in commercial law companies against companies in which the State Treasury interest in the share capital does not exceed 15%, excluding companies:

    1. in relation to which the rights and obligations arising from participation in commercial law companies, pursuant to separate regulations of the Minister, are exercised by the Department of Ownership Supervision, Department of Strategic Companies and Department of Restructuring and Public Aid;

    2. which are included in capital groups and in which the State Treasury holds only stocks or shares to be made available to employees, and the parent company in the group is supervised by the Department of Ownership Supervision, Department of Strategic Companies and Department of Restructuring and Public Aid - until the expiry of employees’ rights to purchase shares or stocks free of charge.

    3. being at the stage of liquidation, bankruptcy proceedings or not conducting the economic activity.

Medatdane

Published by: Justyna Kania
Author: Public Relations Office
Last change: 09.02.2016 , 06.04.2016 Piotr Krupa
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