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LAW OF GEORGIA ON THE GEORGIAN CHAMBER OF COMMERCE AND INDUSTRY

The present Law defines legal, economic and social basis of activity, principles and organizational and legal form of the Georgian Chamber of Commerce and Industry.

CHAPTER I

GENERAL PROVISIONS

Article 1. Status of the Georgian Chamber of Commerce and Industry

    1. The Georgian Chamber of Commerce and Industry is a corporate public legal entity, which incorporates the Chambers of Commerce and Industry of Abkhazeti and Adjara Autonomous Republics, the Regional Chambers of Commerce and Industry established according to the legislations of Georgia, Abkhazeti and Adjara Autonomous Republics and other legal and physical entities registered according to the legislation of Georgia.

    2. Other legal and physical entities mentioned in the Paragraph 1 of Article 1 shall incorporate in the Georgian Chamber of Commerce and Industry voluntarily on a membership basis.

    3. The use of name "Georgian Chamber of Commerce and Industry" is possible only with permission of the Georgian Chamber of Commerce and Industry.

    4. The Georgian Chamber of Commerce and Industry shall carry out its activities according to this Law and the Law on Public Legal Entities. Its action shall cover all the territory of Georgia. The Georgian Chamber of Commerce and Industry is located in the city of Tbilisi.

Article 2. Definition of Terms

The terms used in this Law have the following meaning:

    1. Certificate of Origin of Goods A certificate determining origin of goods, acknowledged by a corresponding international agreement and issued according to the rules specified by the legislation of Georgia;

    2. Issue of a Certificate of Origin of Goods issue of a certificate of origin of goods by the Georgian Chamber of Commerce and Industry signed by a specially authorized person and duly stamped;

    3. Direct member of the Georgian Chamber of Commerce and Industry a legal or physical Private entity incorporated in the Georgian Chamber of Commerce and Industry directly.

      Article 3. Principles of Activity of the Georgian Chamber of Commerce and Industry

      1. The Georgian Chamber of Commerce and Industry shall carry out its functions defined by this Law and its Statutes according to the Constitution and legislation of Georgia.

      2. The Georgian Chamber of Commerce and Industry has its own property and acts legally by its sole name. The Georgian Chamber of Commerce and Industry and its Members are not responsible for each others liabilities.

      3. For the realization of the aims and functions of the Georgian Chamber of Commerce and Industry the State property can be provided by the agreement of the Ministry of Economy, Industry and Trade of Georgia in any form determined for the State property by the legislation of Georgia.

      4. The State of Georgia and the Georgian Chamber of Commerce and Industry are not responsible for each others liabilities.

Article 4. Aims and Functions of the Georgian Chamber of Commerce and Industry

    1. The aims of the Georgian Chamber of Commerce and Industry are to:

          1. create a favorable environment for the business activities of entrepreneurs on the territory of Georgia;

          2. support the establishment and development of trade, industrial, scientific and technical cooperation between Georgian and foreign enterprises;

          3. coordinate the activities of the Chambers of Commerce and Industry on the territory of Georgia.

    2. The functions of the Georgian Chamber of Commerce and Industry are to:

          1. render information and consulting services to the entrepreneurs;

          2. organize the services for the development of professional skills and education level and also other kind of training, abroad as well;

          3. represent and defend general and specific business interests of entrepreneurs, abroad as well;

          4. promote the local exports;

          5. support the activities concerning the preparation of documents for registering of inventions, useful models, industrial patterns, trade marks and devices;

          6. organize the exhibitions of local and foreign goods, business meetings and other events;

          7. carry out activities supporting investments in Georgia;

          8. support actions preventing unfair competitions and abuse of monopoly conditions in the market of Georgia;

          9. carry out translation activities supporting entrepreneurs;

          10. render necessary services to the foreign organizations and enterprises carrying out the business in Georgia;

          11. form IT systems and data banks concerning production, services and business information;

          12. support entrepreneurs drawing business plans;

          13. support entrepreneurs fulfilling requirements defined by the legal acts of Georgia;

          14. carry out other functions defined by the legal acts of Georgia.

    3. Following the voluntary applications of legal or physical entities the Georgian Chamber of Commerce and Industry:

          1. certifies the certificates of origin of exporting or importing goods;

          2. provides quantitative and qualitative expertise and evaluation of domestic and foreign goods after the accreditation according to the legislation of Georgia;

          3. certifies the information concerning trade, customs and maritime rules of Georgia;

          4. confirms a force-majoure and other circumstances related to the international trade.

    4. Fees for services rendered by the Georgian Chamber of Commerce and Industry to the physical and legal entities shall be free from discrimination and oriented towards costs.

Article 5. Rights of the Georgian Chamber of Commerce and Industry

    1. The Georgian Chamber of Commerce and Industry has right to:

        1. participate in a process of drafting and discussing economical or other kind of laws, carry out independent expertise of draft economical legal acts and submit the proposals to the corresponding State bodies for discussions;

        2. establish the fees on a contractual basis for the services to be rendered according to the functions defined by this Law and the Statutes of the Georgian Chamber of Commerce and Industry;

        3. build, purchase and receive any real estate or other property in Georgia or abroad in any form of the property submitting according to the legislation of Georgia;

        4. sign contracts and establish private legal entities according to the legislation of Georgia for efficient realization of its functions;

        5. represent the interests of local entrepreneurs in international and foreign organizations, cooperate with them and become their member.

    1. It is possible to establish other kinds of Chambers of Commerce and Industry (joint, special, sectorial) according to the legislation of Georgia, defining their competence and the field of activities under their foundation acts.

Article 6. Finances of the Georgian Chamber of Commerce and Industry

The finances of the Georgian Chamber of Commerce and Industry shall be formed by the:

    1. membership fees;

    2. donations of physical and legal entities;

    3. other incomes permitted by the legislation of Georgia.

 

CHAPTER II

MANAGEMENT OF THE GEORGIAN CHAMBER OF COMMERCE AND INDUSTRY

Article 7. Bodies of the Georgian Chamber of Commerce and Industry

    1. The bodies of the Georgian Chamber of Commerce and Industry are:

      1. General Meeting;

      2. President.

    2. The supreme management body of the Georgian Chamber of Commerce and Industry is a General Meeting.

    3. A General Meeting is held at least once in 4 years.

    4. In addition to other functions specified by this Law and the Statutes of the Georgian Chamber of Commerce and Industry, a General Meeting elects from its members the President of the Georgian Chamber of Commerce and Industry.

    5. Direct members of the Georgian Chamber of Commerce and Industry, the Chambers of Commerce and Industry of Abkhazeti and Adjara Autonomous Republics, the Regional Chambers of Commerce and Industry shall be represented on a General Meeting by the delegates, elected according to the rules defined by the Statutes of the Georgian Chamber of Commerce and Industry.

Article 8. President, Vice-Presidents and Director General

of the Georgian Chamber of Commerce and Industry

    1. The supreme authority of the Georgian Chamber of Commerce and Industry is a President.

    2. A President of the Georgian Chamber of Commerce and Industry shall be elected for 4 years by a General Meeting through a direct and open voting by the simple majority of participant delegates according to the Statutes.

    3. A General Meeting is eligible if the half of all the delegates is presented.

    4. One of the Vice-Presidents shall carry out the President???s duties in case of the absence of the latter.

    5. Vice-Presidents are elected by a General Meeting with a majority of participating delegates after the presentation by a President. Vice-Presidents are acting in the framework of their competence defined by the Statutes.

    6. The everyday activities of the Chamber shall carry out by a Director General, appointed by a President of the Georgian Chamber of Commerce and Industry. A President can pass the part of his authorities to a Director General.

    7. The election (appointment) of the bodies and managing officers of the Georgian Chamber of Commerce and Industry as well as the issues of their competences shall be defined by the Statutes of the Chamber, adopted by a General Meeting.

 

Article 9. Cease of Activities of the Georgian Chamber of Commerce and Industry

    1. Ceasing the activities (reorganization, liquidation) of the Georgian Chamber of Commerce and Industry shall be done in case and according to the Georgian legislation and the Statutes of the Georgian Chamber of Commerce and Industry.

 

CHAPTER III

THE CHAMBERS OF COMMERCE AND INDUSTRY OF

ADJARA AND ABKHAZETI AUTONOMEUS REPUBLICS AND

THE REGIONAL CHAMBERS OF COMMERCE AND INDUSTRY

Article 10. Foundation of the Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry

    1. The Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry are the corporate public entities, which incorporate physical and legal entities registered according to Georgian legislation on a voluntary membership basis.

    2. The Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry shall be found on the territory of the corresponding autonomous republics or region according to the Georgian legislation or the legislations of the corresponding autonomous republics.

    3. The Regional Chambers of Commerce and Industry shall be found following to the principles of regionalism and carry out their activities within a certain region.

    4. The Regional Chambers of Commerce and Industry shall be found according to the current legislation by the application of an initiating group of private legal and physical entities, incorporating not less than 100 members.

    5. An initiating group shall gather a meeting and present the corresponding protocol to the Georgian Chamber of Commerce and Industry within 10 days.

    6. A notary shall participate in a meeting of an initiating group and write down a protocol.

    7. Within 1 month after reception of a protocol of initiating group the Georgian State Minister shall sign a decree of foundation of a Regional Chamber of Commerce and Industry by an application of the Georgian Chamber of Commerce and Industry.

    8. Within 1 month after a decree about the foundation of a Regional Chamber of Commerce and Industry enters into force, 100 members shall incorporate in this Regional Chamber, otherwise the issue of its liquidation shall arise.

    9. The territory and competence of a Regional Chamber of Commerce and Industry shall be defined by a decree of its foundation.

    10. Only one Regional Chamber of Commerce and Industry shall be found in a certain region.

    11. The Regional Chamber of Commerce and Industry shall carry out its activities according to the Georgian legislation, the Statutes of the Georgian Chamber of Commerce and Industry and its own Statutes.

    12. The physical and legal entities, registered according to the Georgian legislation, shall become the members of the Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics or the Regional Chambers of Commerce and Industry according to their legal addresses, except when the private legal and physical entities become direct members of the Georgian Chamber of Commerce and Industry.

    13. The members of the Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry are the members of the Georgian Chamber of Commerce and Industry at the same time. The direct members of the Georgian Chamber of Commerce and Industry shall pay their membership fees only to the Georgian Chamber of Commerce and Industry in amount and according to its Statutes. The members of the Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry shall pay their membership fees only to the corresponding Chamber.

    14. The Statutes of the Georgian Chamber of Commerce and Industry shall regulate the relationship between the Georgian Chamber of Commerce and Industry, the Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry.

 

Article 11. Cease of Activities of a Regional Chamber of Commerce and Industry

    1. The activities of a Regional Chamber of Commerce and Industry can be ceased by its reorganization or liquidation.

    2. Ceasing the activities (reorganization, liquidation) of a Regional Chamber of Commerce and Industry shall be done in case and according to the Georgian legislation and the Statutes of a Regional Chamber of Commerce and Industry

 

CHAPTER IV

SUPERVISION OF THE GEORGIAN CHAMBER OF COMMERCE AND INDUSTRY

Article 12. Supervision of the Georgian Chamber of Commerce and Industry

The Georgian Chamber of Commerce and Industry is under the supervision of the State Minister of Georgia.

 

CHAPTER V

TRANSIENT AND CONCLUDING PROVISIONS

Article 13. Transient Provisions

    1. The Chambers of Commerce and Industry, founded on the basis of the decree of the Head of the Georgian State No. 203 on May 30, 1995, shall be re-registered within 6 months according to the provisions of this Law and align their activities to this Law and the Georgian Law on Public Legal Entity.

    2. Property of the Georgian Chamber of Commerce and Industry owned until entry into force of this Law, is not dividable and shall not be submitted to the Chambers of Commerce and Industry of Adjara and Abkhazeti Autonomous Republics and the Regional Chambers of Commerce and Industry and their members.

 

Article 13. Concluding Provisions

    1. The decree of the Head of the Georgian State No. 203 on May 30, 1995 about "the Chambers of Commerce and Industry" shall be canceled immediately after entry into force of this Law.

    2. This Law shall enter into force immediately after its publication.

 

The President of Georgia Eduard Shevardnadze

Tbilisi

October 26, 2001

No. 1131-1s

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