The Charter of the Association of ďEuropean Union of Ukrainian Transport CompaniesĒ

 

General Statements

Purpose and Scope of Activity

Activity of the EAUTC and its Rights

Structure of the EAUTC

Founders, Members of the EAUTC

Money and Property

Accountability and Accountancy

Procedure of Introduction of Amendments and Supplements to the Charter

Liquidation and Reorganization of the EAUTC

 

Part I. General Statements 

1.1. ďEuropean Union of Ukrainian Transport CompaniesĒ (hereafter the EAUTC) is a professional association of Ukrainian transport companies which is a voluntary, private, nonprofit, unprofitable union established on the bases of equality of rights, free will and common interests of its members, created with the purpose of meeting non-economic requirements of enterprises of different forms of property, providing transport-forwarding services on transportation of cargoes and passengers.

1.2. The EAUTC performs its activity in correspondence with the current legislation of Ukraine and the Charter documents.

As to its organizational structure, the EAUTC is an association.

1.3. The EAUTC is a nonprofit organization in correspondence with art. 5 of the Law of Ukraine  ďAbout transport-forwarding activityĒ of July 1, 2004  N 1955-IV.

1.4. The EAUTC is a legal person that according to Ukrainian legislation has the right to possess separate property, to acquire property and non-property rights on its own behalf, to take on obligations, to appear as a complainant or a respondent in the court, in the economic court or the court of arbitration, has its own name, an independent balance, seals and stamps with its name, its logotype, other necessary essential elements registered according to the established procedure. The EAUTC has the right to establish and open its representative offices and affiliated branches in Ukraine and abroad. The EAUTC has its own accounts for the national and foreign currency in banking establishments. The EAUTC is not responsible for its membersí liabilities and members of the EAUTC are not responsible for the liabilities of the EAUTC.

The EAUTC shall not be liable for the stateís, its bodiesí and organizationsí obligations, and the state, its bodies and organizations shall not be liable for the  EAUTCís liabilities.

The EUTAU has no right to interfere into the economic activity of its members.

1.5. The full name of the EAUTC - ™—“” in the Ukrainian language is ūÓÔŚťŮŁÍŗ ŮÔ≥ŽÍŗ ÚūŗŪŮÔÓūÚŪŤÍ≥‚ ”ÍūŗŅŪŤĒ.

The abbreviated name of the union in the Ukrainian language is the ď™—“”Ē.

The full name of the EAUTC in the Russian language is ďŇ‚ūÓÔŚťŮÍŤť ŮÓĢÁ ÚūŗŪŮÔÓūÚŪŤÍÓ‚ ”ÍūŗŤŪŻĒ.

The abbreviated name of the union in the Russian language is the ď™—“”Ē.

The full name of the EAUTC in the English language is the ďEuropean Union of Ukrainian Transport Companies.

The abbreviated name of the union in the English language is the EAUTC.

1.6. The legal address of the EAUTC is as follows: Ukraine,79000, Lviv, Stefanyk Str. 17/2

1.7. The EAUTC is a nonprofit organization maintained at the expense of its foundersí, membersí investments, and other legal entries for nonprofit organizations.

Part II. The Purpose and  the Scope of the EAUTCí Activity

2.1. The purpose of the EAUTCís activity is:

2.1.2. To work out and to take measures for increase of the level of competitive ability by means of increase of professional grounding and quality of services provided by enterprises for the union;

2.1.3. To participate in the development of legislation drafts and other standard acts in the sphere of transport-forwarding activity;

2.1.4. To work out measures for protection of the unionís membersí interests;

2.1.5. To participate in the process of development of conditions of export-import, transit and inner cargo transportation which are of strategic importance for Ukraine. 

2.1.6. To integrate into European and the world market of transport-forwarding services;

2.1.7. To participate in work of European and international transport organizations, transport-forwarding organizations, etc.;

2.1.8. To work out and to confirm acts predetermined by their by-law documents;

2.1.9.To represent to the state authorities its propositions as regards realization of recommendations of international organizations in the sphere of transport-forwarding activity in Ukraine;

2.1.10. Information, methodic and technical support of the EAUTCís members.

2.1.11. Activity of the EAUTC can not be of an agreed anti-competitors character and/Ór to be aimed at or to have as a consequence coordination of competitive behaviour between the EAUTCís members.

2.2. For the realization of the purpose of the unionís activity, the EAUTC performs the following types of activity:

2.2.1. Works out and introduces unified technological standards, norms, requirements, rules and procedures, which are obligatory or recommended for the EAUTCís members, ŗs well as introduces codes and rules of ethical and professional behaviour in the sphere of transport-forwarding activity.

2.2.2. Represents and protects rights of the EAUTCís members on their instructions in the state bodies and other establishments, including courts, participates in working out of legislation drafts  and drafts of other normative acts,

2.2.3.Informs the members of the EAUTC about the current legislation in the sphere of transport-forwarding activity as well as about its current changes, and about its own activity.

2.2.4. Maintains contacts with the means of mass communication, extends educational information about transport-forwarding activity through them, delivers public declarations and effects the public opinion.

2.2.5. Collects, generalizes and analyzes available statistic information about professional activity of transport. Works out recommended standards of information exchange between subjects of this branch.

2.2.6. Provides consultations to the EAUTCís members and distributes methodical materials and recommendations on forwarding activity between the EAUTCís members.

2.2.7. Renders help in overcoming consequences impairing temporarily the state of performance of the professional activity by a member (members) of the EAUTC.

2.2.8. Examines and makes its members acquainted with advanced experience of national and foreign companies in the sphere of forwarding activity.

2.2.9. Is engaged in enlightening activity, arranges seminars for the members of the EAUTC, participates in conferences, seminars and other activities on issues of the development of transport-forwarding activity, issues and distributes materials of a professional, enlightening and information-reference character.

2.2.10. Cooperates and conducts coordination work with other organizations and unions which carry out their activity at the transport market, including foreign companies.

2.2.11. Establishes regional representative bodies of the EAUTC with the aim of providing of closer bonds within members of the EAUTC as well as with other subjects of transport-forwarding activity.

2.2.12. Arranges reception, exhibitions, presentations, meetings and protocol meetings with participants of the transport process.

2.2.13. Holds scientific researches in the sphere of  transport-forwarding activity.

2.14. Works out and introduces a system of mediation for friendly resolution of disputes, that may arise in between members of the EAUTC or between members of the EAUTC and the third parties, in correspondence to ethical principles of the current legislation of Ukraine;

2.2.15. For realization of the purpose of its activity the EAUTC has the right to act as a founder of other objects of economic activity in correspondence with the procedure established by the legislation.

Part III. Activity of the EAUTC and its rights.

3.1. The material reason for the EAUTCís functioning is represented by inpayments of members of the EAUTC appurtenant to the Union on the basis of the property right, other earnings legally permitted for non-profitable organizations. The EAUTC as a non-profitable company shall not be engaged in business activity.

3.2. The EAUTC as a non-profitable company covers costs at the expense of above mentioned sources of income. Sums of income exceeding expenses shall be transferred to the surplus fund and other funds and may be used according to the procedure established for non-profitable organizations.

3.3. The EAUTC independently works out and confirms a program of its activity.

3.4. For achievement its purpose the EAUTC is enabled to:

3.4.1. Acquire buildings, constructions, lodgments, equipment, transport means and other property, to use its own property and the property given to the Union on a temporary basis for possession or use according to its intentional assignment, ŗs well as to present its own property free of cost into temporary use to other legal or physical persons.

3.4.2. On its own behalf, conclude any treaties and contracts permitted by the legislation, to involve legal persons as well as physical persons to cooperation in its sphere of activity   on the basis of a contractorís agreement or on the civil-legal basis with the aim of achievement of defined purposes.

3.4.3. Prepare free of charge and issue guidance handbooks, advertising materials, various reference and scientific-technical documentation, to organize issue of scientific works, lectures, to organize trainings in various aspects of its activity.

3.4.4. Define the structure, the quantity of officials and the staff list of the EAUTC, to agree the procedure of  salary payments, additional payment and bonuses, amounts and terms of paying out of bonuses to the EAUTCís members.

3.4.5. Be a member of international associations, unions and organizations, engaged in the market of transport-forwarding services.

3.5. The EAUTC is created for an undetermined term and is enabled to make use of all the other rights given to legal persons in correspondence with the current law of Ukraine.

Part IV. Structure of the EAUTC

4.1. The higher body of the EAUTC is the General Meeting of its members. The General Meeting held with participation of the EAUTCís members are convoked not less than once a year. In case of necessity, on the basis of the Boardís decision, the General Meeting may be held by in the way of  a written polling, with an exception of matters on confirmation of annual reports of the EAUTC and assignment of the Board.

On the EAUTC Boardís decision, as well as on the requirement of at least 1/4 of the total amount of its members, with an explanation of reasons of the calling and elucidation of the subject of discussion, there may be arranged a special session of the General Meeting.

The President of the EAUTC shall inform all the members of the EAUTC about the General Meeting by a post-message. Such a message shall be made two weeks before the General Meeting at latest. A message shall include: the agenda of the Meeting, their place and time, the initiator of the calling, the procedure of acquaintance with documents to be discussed. The EAUTCís representative shall be authorized for the Meeting by its order, with an exception of the cases when officials of a member of the EAUTC are enabled to act without an order in accordance with constituent documents of the member. Information about aforementioned officials shall be supplied to the EAUTC before the General Meeting.

4.2. The General Meeting:

4.2.1. takes a decision about the establishment, reorganization and liquidation of the EAUTC.

4.2.2. Ratifies the EAUTCís charter, introduces amendments and additions to it in the procedure established in Part VIII of this Charter.

4.2.3. Confirms perspective programs of the EAUTCís activity.

4.2.4. Accepts or confirms inner normative documents regulating the strategic activity of the EAUTC.

4.2.5. Confirms the amount and the procedure of admittance and membersí inpayments to the EAUTC.

4.2.6. Elects the Board.

4.2.7. Confirms the candidature of the President of the EAUTC assigned by the Board.

4.2.8. Candidatures of the committeesí heads assigned by the Board.

4.2.9. Hears and approves reports of the Board, of the EAUTCís President, of workgroupsí and commissionsí leaders on works performed.

4.2.10. Confirms the budget and the EAUTCís financial account.

4.2.11. Is enabled to cancel any resolution of the Board and the President of the EAUTC, with an exception of resolutions concerning contract and labour legal relationships.

4.2.12. Establishes the procedure of admittance to the EAUTCís members.

4.2.13. Takes decisions on elimination of the EAUTCís members in cases determined  by the Charter.

4.2.14. Takes a decision on an anticipatory termination of authority of the EAUTC Boardís members or of the President in case of their violation of the current legislation of Ukraine, of the Charter and inner regulations of the EAUTC.

4.2.15. Can delegate their certain plenary powers to the Board of EAUTC.

4.3. The General Meeting is considered to be law competent if not less than 50 per cent of the EAUTCís members take part in it.

The resolution of the General Meeting on amendments and additions to the Charter, reorganization or liquidation of the EAUTC, anticipatory termination of the Board membersí or the EAUTCís Presidentís powers requires agreement of at least 2/3 members of the EAUTC, participating in the Meeting. Resolutions on other matters shall be taken by the simple  majority of votes of the EAUTC members present at the General Meeting. Every member of the EAUTC possesses one  deciding voice.

Voting on matters submitted can be either open or secret.

On matters concerning election (formation) of the EAUTCís bodies the General Meeting shall vote according to the procedure determined in the documents about such bodies.

4.4. During the period between sessions of the General Meeting the role of the administrating body of the EAUTC belongs to the Board that holds meetings as required, but not less than once a month. The Boardís resolutions are obligatory for fulfillment by all the rest bodies of the EAUTC.

The agenda of the Boardís meetings, their place and time shall be informed to members of the Board by the President on behalf of co-chairmen of the Board a week before a meeting at latest (with an exclusion of special sessions).

The Board shall be elected by the General Meeting for the term of five years in the quantity of two co-chairmen and an odd quantity of members of the Board. A representative of the EAUTCís member may become a member of the Board.

Co-chairmen of the Board organize and keep under control fulfilment of resolutions of the EAUTCs Board. Co-chairmen within their powers shall organize activity on achievement of the Charter purposes, realization of perspective plans of the EAUTC, represent interests of the EAUTC in relations with other organizations and state bodies.

A meeting of the Board is law competent if both co-chairmen are present, as well as the major part of the Board members elected by the General Meeting.

The Boardís resolutions are taken by the simple majority of votes. In case of unanimity, the votes of the co-chairmen are decisive.

The member of the Board who has not participated in the Boardís meetings during three months or has not been present at the larger part of the Boardís meetings during six months can be eliminated out of the EAUTCís Board on the Boardís decision.

In case of violation of the current legislation of Ukraine, of the Charter and inner regulations of the EAUTC, authorities of a the Boardís member (as well as its co-chairman) may be terminated ahead of time in accordance with the procedure established by the General Meeting of the EAUTC. 

The President is a member of the Board with the right of the deliberative vote.

4.5. The Board of the EAUTC:

4.5.1. Convenes regular and special General Meetings, determines the agenda, the place and time of the Meeting, coordinates their preparation and checks fulfillment of made resolutions.

4.5.2. The Board makes a resolution on elimination of a member of the EAUTC in cases predetermined by the Charter.

4.5.3. Establishes, adds to and changes inner regulations of the EAUTC.

When it is necessary to introduce changes to the Charter of the EAUTC due to its correlation with the current legislation of Ukraine, the Board shall take a decision about the necessity of introduction of such changes to the Charter and inform all the Unionís members about this  within a monthís term.

Such a resolution is considered to be taken if not less then 3/4 of the general amount of the Board members have voted for it.

4.5.4. Admits new members to the EAUTC in correspondence with conditions and the procedure approved by the General Meeting. Refusal in giving the membership shall be motivated.

4.5.5. Assigns the EAUTCís President, with the future obligatory approval at the General Meeting.

4.5.6. Monitors the EAUTCís Presidentís and other officialsí activity.

4.5.7. Accepts a budget of the EAUTC before the beginning of a financial year, with its following approval at the General Meeting.

4.5.8. Approves annual programs of activity of the EAUTC.

4.5.9. Resolves issues on representation of the EAUTC in national and international organizations and unions.

4.5.10. On a quarterly basis hears to the EAUTCís Presidentís report on fulfillment of the budget. In case of necessity approves amendments to the EAUTCís budget for the next quarter within the limits of the Unionís budget.

4.5.11. Takes a decision on establishment, reorganization and liquidation of affiliates and representative offices, approval of Statements (Charters) on them with the future obligatory informing on these resolutions at the nearest General Meeting.

4.5.12. Assigns managers of affiliates and representative offices,  heads and the staff of committees, while the heads of committees shall be approved at the nearest General Meeting.

4.5.13. After the EAUTC Presidentís submission approves the staff table of the EAUTC necessary for a normal functioning of the EAUTC, concludes a labour agreement with the EAUTCís President, approves salary payment terms for officials of the EAUTC, its affiliates and representative offices.

4.5.14. Approves resolutions about bringing of the EAUTCís officials to a material liability.

4.5.15. Takes resolutions about replacement of certain of its authorities to the EAUTCís officials. Such a resolution is considered to be approved in case if not less than 3/4 of the total amount of the Board members have voted for it.

4.5.16. Accomplishes other functions in correspondence to the Charter.

4.6. The President of the EAUTC arranges, within the Presidentís authorities, the activity  on aimed at achievement of the Charter purposes, realization of current and perspective palns of the EAUTC, in correspondence with resolutions of the General Meeting and the Board of the EAUTC. The procedure of the Presidentís activity is defined by the Charter of the EAUTC and by the Regulations about the President of the EAUTC approved by the General Meeting.

The President acts on behalf of the EAUTC without a proxy, representing the Union both on the territory of Ukraine and abroad. The President concludes agreements, including labour contracts, disposes of property and commands finances of the EAUTC in banks within the limits of the EAUTCís budget, organizes the staff of permanent employees of the EAUTC, defines rates and amounts of payments according to contracts, accomplishes other functions against this Charter, resolutions of the General Meeting and the Board of the EAUTC.

The President issues orders and directions obligatory for all officials of the EAUTC.

The President works out a staff list and payment terms for employees of the Union as well as submits them for the EAUTC Boardís confirmation.

In case of dismissal of officials having been in labour relations with the EAUTC, the President submits the matter to the next session of the Board.

On a quarterly basis the President reports to the Board on the estimate of the previous quarter and submits a draft of the estimate for the next quarter. The President accounts to the General Meeting and on a quarterly basis to the Board of the EAUTC.

4.7. In case of violation of the current legislation of Ukraine, of the Charter and inner regulations of the EAUTC, the Board or the General Meeting of the EAUTC may bring the Presidentís authorities to stop.

4.8. The co-chairmen of the Board will be the persons acting instead of the President if the latter is not able to fulfill the duties. At the same time they will acquire all the Presidentís powers authorities.

4.9. The EAUTC may have permanent and special committees, their staff and functioning is determined by the Regulations on Committees approved by the Board.

Committees may consider any matters on professional activity of the EAUTCís members, work out technological standards, methodical recommendations and instructions within their powers.

Committees may involve experts from other organizations to their work.

4.10. Managers of regional subdivisions (affiliates and representative offices) are enabled to participate in sessions of the Board of the EAUTC with the right of  the deliberative vote.

–art V.  Founders of the EAUTC.  Membership in  the EAUTC

5.1. The founders of the EAUTC are the following:

1.Limited Liability Transport-Forwarding Company ĄHaltransĒ.

2. Limited Liability Transport-Forwarding Company ĄRailtransĒ.

3. Limited Liability Company ĄVariant-LogisticĒ.

The founders of the EAUTC are its members.

Non-fulfilment by the founder of the EAUTC of his official liabilities leads to elimination of the founder out of the Union on the terms of elimination of the EAUTCí member predetermined by the Charter.

5.2. Members of the EAUTC may include juridical persons, defined as an economic subject by the current legislation of Ukraine, who on a customerís instruction and at his expense perform or arrange fulfillment of transport-forwarding services, stipulated by a certain agreement, which, in case of necessity, according to an established procedure have received a corresponding permission (license) for the right of realization of such an activity; owners of vehicles, as well as  other juridical persons who, according to a legal procedure, provide services on transportation and forwarding of cargoes and passengers and have applied for the membership in the EAUTC. The procedure of admission to and elimination out of the EAUTC is determined by the General Meeting.

5.3. The EAUTCí members have their rights and liabilities, the amount and the realization of which is predetermined by the Regulations on membership in the EAUTC.

In particular, members of the EAUTC can have the right:

5.3.1. to participate in the EAUTCís General Meeting;

5.3.2. to walkout the EAUTC at any time;

5.3.3. to receive information about the Unionís activity, consultations on professional matters,  working out of methodical materials, standards, etc.;

5.3.4. to send its representative or make references for an external expert for work in the EAUTCís bodies, and if it is predetermined by the Regulations of the EAUTC to establish such bodies and election (approval) of its members according to a special procedure, the EAUTCís member is enabled to nominate its representative or an external expert for the election (approval) on the terms predetermined by the regulations on corresponding bodies;

5.3.5. to make proposals for the EAUTC as regards drafts of documents for their approval, introduce remarks to documents that are in action or have to be approved;

5.3.6. to make a check-up (examination) of its professional activity on a corresponding request not more than two times a year;

5.3.7. to receive a certificate of a standard pattern for confirmation of its membership in the EAUTC;

5.3.8. to spread out general information about themselves and the Union;

5.3.9. to accept assistance from the Union in order to overcome conditions temporarily aggravating fulfillment of the professional activity by the member of the EAUTC;

5.3.10. for the EAUTCís representation of the memberís interests;

5.3.11. to participate in programs and actions held by the EAUTC;

5.3.12. to demand change of administration or participants of the EAUTCís bodies, its officials in case of detection of their violation of the EAUTCís rules;

5.3.13. to use the logotype of the EAUTC in their own activity;

5.4. The EAUTCís member is obliged to:

5.4.1. follow steadily the requirements of the current legislation of Ukraine, of the Charter of the EAUTC, inner regulations, standards and rules of the EAUTC;

5.4.2. allow the EAUTCís authorized persons to perform a check-up of the professional  adequacy of the member to the standards of the current legislation of Ukraine and to the EAUTCís regulations according to the procedure established by the EAUTCís regulations and within the scope allowed by the current legislation;

5.4.3. to inform the EAUTC about cases of the law violation or breakage of the EAUTCís rules by a member or a candidate for membership in the EAUTC, that are considered as inadequate to the professional activity of the EAUTC;

5.4.4. to possess enough money for realization of their professional activity. The amount of money (the statute fund or assets) of the EAUTCís member shall not be smaller that the amount predetermined by the current legislation;

5.4.5. to pay off membership dues in the amount and according to the procedure established by the Board;

5.4.6. to inform the EAUTCís bodies about:

- a change of their name, location, telephone numbers, other data necessary for keeping in contact with them;

- imposing of sanctions on them for violation of their professional activity in the sphere of the transport-forwarding activity;

- the hearings in courts, in which the member took part as a suer  or as a defendant, if such a court consideration is connected with the kinds of the professional activity of the EAUTCís member at the market of transport-forwarding services;

- opening of affiliates engaged in the professional activity (at the beginning of realization of the professional activity by affiliates);

- other information about in correspondence with the EAUTCís Regulations;

5.4.7. to restrain from spreading out of unfair information about other members of the EAUTC;

5.4.8. to steadily maintain contacts with the EAUTC and its regional representative offices;

5.4.9. Non-fulfilment of duties predetermined by the EAUTCís Charter and Regulations by a member of the EAUTC may be a reason for restriction of the memberís rights or for elimination of the member out of the EAUTC according to the procedure established by the Regulations on membership in the EAUTC.

5.5. General Meeting of the EAUTC may exclude any member of its membership in case if:

5.5.1. the EAUTCís member roughly or constantly violates the current legislation of Ukraine;

5.5.2. the EAUTCís member does not pay in members dues during the period of three months;

5.5.3. the EAUTCís member systematically does not fulfils requirements of the Charter and the inner regulations of the EAUTC;

5.5.4. professional activity of the EAUTCís member contradicts the current legislation of Ukraine, the rules and standards established by the EAUTC;

5.5.5. on the other reasons defined in the EAUTCís Regulations. 

5.5.6 In case of non-payment by a member of the EAUTC of membership dues for two quarters, the Board shall make a resolution on excluding the member out of the EAUTC. The resolution has to be approved by 2/3 of votes of the Board with the following information of the General Meeting. In case of the Boardís rejection of the resolution on exclusion of a certain member, the matter shall be submitted to the next General Meeting of the EAUTC.

Part VI. Money and Property of the EAUTC

6.1. Money in the national and foreign currency and any other propert of the EAUTC include:

6.1.1. admission fees and membership dues of the EAUTCís members;

6.1.2. permitted by the Law of Ukraine at the moment of receipt of unfavourable incomes.

6.2. Money of the EAUTC shall be spent only in order of achievement of the purposes defined by the Charter and can not be distributed between the EAUTCís members and other persons.

6.3. Money of the EAUTC shall be spent according to the budget (budgetary estimate) approved before a new financial year by the Board of the EAUTC with the following confirmation by the General Meeting of the EAUTC (the budget approved by the Board comes into action according to the procedure established by the Board). The General Meeting can modify the budget approved by the Board.

The EAUTC may establish finds, the establishment of which shall take place during approval of the budget (budgetary estimate), as well as on the terms defined by the Charter.

6.4. Money and property forwarded to the EAUTC for purposeful usage shall be spent only for the purpose.

Part VII. Accountancy and accounts

7.1. The EAUTC keeps book-keeping, management records and statistic account and accountancy according to the procedure established by the current legislation of Ukraine.

7.2. Financial (tax) bodies at the place of location of the EAUTC perform monitoring on following the established procedure of realization of the financial activity.

7.3. The EAUTC shall not be responsible for retention of documents (management, financial-economic, those on the personnel, etc.).

7.4. Management-economic year of the EAUTC is the year since the 1-st January till the 31-st December of a calendar year.

Part VIII. Procedure of Introduction of Amendments and Additions to Charter

8.1. Resolution on introduction of amendments and additions to the Charter of the EAUTC shall be made at the General Meeting and requires 2/3 votes of the EAUTCís members present at the meeting.

Amendments and additions to the Charter make up its integral part.

8.2. In case of necessity of introduction of amendments and additions to the Charter and other EAUTCís documents, being approved by the General Meeting, due to their adjustment in correspondence with the current legislation of Ukraine, a resolution about introduction of such amendments can be made by the Board which has to inform the Unionís members about it within a monthís period. Such a resolution is considered to be approved if it has been supported by not less than 3/4 of votes out of the total amount of members of the Board.

Part IX. Liquidation and reorganization of the EAUTC

9.1. Reorganization (amalgamation, joining, division, separation, reformation) and liquidation of the EAUTC shall be realized on a resolution of the General Meeting of the EAUTCís members, or on findings of a corresponding court.

9.2. In case of reorganization of the EAUTC all the Unionís rights shall either pass to assignees (other non-profitable organizations) or shall be included to the budget, or shall be used in some other way corresponding to requirements predetermined by the current legislation for the moment of reorganization.

9.3. All documents of the EAUTC (administrative, financial-economic, concerning the personnel etc.) shall pass to an organization-assignee in correspondence with the established procedure, ŗnd if there is no such organization ó for the state reservation.

9.4. Liquidation of the EAUTC shall be realized by a liquidating committee established by the General Meeting, which defines the procedure and terms of liquidation. The liquidating committee shall estimate the EAUTCís property, shall settle accounts with creditors and debtors, shall draw up a liquidation balance and submit it for approval at the General Meeting of the EAUTC. Liquidation of the EAUTC leads to prohibition of distribution of its property or money gained from its realization among its members. The money and property remained shall be transferred to the state budget, or, on the General Meetingís resolution, will be used in accordance with the current legislation that is in action at the moment of the liquidation.

9.5. The EAUTC may also be liquidated in the following cases:

ŗ) declaring it bankrupt;

Š) on a resolution about prohibition of the EAUTCís activity due to its non-fulfilment of the terms defined by the legislation and if the terms has not been fulfilled in a predetermined term or if the kind of the activity has not been changed;

) if the court finds out the statute documents and the resolution on establishment of the EAUTC void;

) due to other reasons predetermined by the law acts of Ukraine.

Legal Addresses of Founders:

1. Limited Liability Transport-Forwarding Company ĄHaltransĒ, 79000, Lviv, Stefanyk Str.17/2, identification code 23959225, in the person of General Director Khromchak Ivan Dmytrovych, acting on the basis of the statute.

2. Limited Liability Transport-Forwarding Company ĄRailtransĒ, 79000, Lviv, Stefanyk Str. 17/2, identification code 31805333, in the person of General Director Kaspryak Vasyl Ivanovych, acting on the basis of the statute.

3. Limited Liability Company ĄVariant-LogisticĒ, 89502, Transcarpathian Region, Uzhgorod District, Chop, Uzhgorodska Str.5ŗ, identification code 31351663, in the person of Lev Roman Olexandrovych, acting on the basis of the proxy.                                                   

 

European Association of Ukrainian Transport Companies© 2006