4.1 Entrepreneurship and Property
4.1.3 From the Creation of Joint Stock
Companies right up to
the Alienation of Property Rights
The essence
of the proposals
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Despite the importance and necessity of
rapid changes in the
status of enterprises and their adaptation to a market
environment, the very idea risks being discredited. A number
of
mechanisms have been proposed in Nizhni Novgorod oblast
to
alleviate the af ormentioned adverse consequences.
Firstly, a certain period of time should
separate a large
enterprise's joint stockholding from its final privatisation.
Time is needed to find potential investors, accurately appraise
the value of the enterprise, draw up plans for its
reorganisation (divi sion into departments and production
units), change the management system (switch from control
over
technical processes to control of finances and capital),
and
prepare a plan for staff cutbacks, alleviating as much as
possible the consequences of mass r edundancies.
Secondly, the work collective and administration
should be
given sufficient time to choose the optimal method (from
the
three proposed scenarios) of privatization for their
enterprise. A situation could (and is likely to) arise,
where
the work collective, acting in its own interests, wil have
to
forgo some of its shares in order to attract an investor,
who
wants to acquire a controlling block of shares (2/3 or 3/4
of
the total), as an investment guarantee.
According to existing legislation, the vouchers
are only valid until the end of 1993. Consequently, the
enterprises have little more than a year left to consider
their options. However, this timeframe could prove insufficient,
especially for large enterpr ises, and it might therefore
prove necessary to extend the voucher deadline. To prevent
production management destabilization during the transition
stage, it might prove worthwhile retain the existing administrative
apparatus and give it new rights and obligations. In this
case, the statuory capital of the new joint stock companie
s s not distributed among the owners at the first stage.
Instead, common (joint) statutory capital is created. At
the second stage, the common (joint) statutory capital is
distributed among the owners in accordance with the legislation
on privatisation. Here we recommend that the property committee
and fund -- if the work collective opts for one of the privatization
scenarios without determining a potential investor -- not
sell its package of shares in small lots (up to 5-10%) until
the controlling block has been sold to the potential investor.
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