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ANALYSIS OF THE POSTPRIVATIZATION BEHAVIOR OF ENTERPRISES IN BULGARIA IN THE PERIOD 1992-1994

III. RECOMMENDATIONS REGARDING THE PRIVATIZATION PROCEDURES AND THE POST-PRIVATIZATION DEVELOPMENT OF THE ENTERPRISES

 

1. In order to promote a better understanding of the various privatization techniques and greater trust in the privatization process as a whole among entrepreneurs and the general public, it is necessary:

- to launch an information campaign about the current legislative framework of privatization, the alternative possibilities and the types of preferences. It should be accompanied by measures to enhance professional know-how at state and municipal privatizing authorities, as well as banks, public organizations, etc.;

- to provide maximum publicity on the course of privatization, as well as the state and development of the privatized enterprises. The generally positive tendencies in their post-privatization behavior would considerably enhance public interest and trust in privatization as a whole;

- to improve preliminary promotion work concerning the enterprises, separate parts or assets which are subject to privatization;

2. Concerning the privatization procedures, the authorities in charge of privatization ought to seek:

- to reduce as far as possible the duration of the privatization process. Experience has shown a substantial deterioration in the state of the enterprises which are in the process of privatization. This does not only concern their finances, but the state of the property, the equipment and facilities, supplies and reserves, etc. From this point of view, and in order to concentrate in time the supply and demand for privatization objects, it would be most appropriate to bring the privatization process within a reasonably short term of time.

- to provide maximum publicity and openness of the privatization procedure both in view of attracting investors and of gaining public trust in the process.

- to simplify as far as possible the privatization transactions. For that purpose it is necessary to limit the conditions (especially non-financial ones) of the transactions. This would facilitate buyers by providing greater opportunities for development and restructuring of the enterprises after privatization. It would likewise allow privatizing authorities to make a more straightforward choice of buyer in the case of tenders and negotiations. Reducing the conditions of the transaction to the strict minimum would provide better opportunities for post-privatization control over the agreed commitments, as well as legal stability of the transaction.

- to improve the state of post-privatization control. The existing legislative framework of privatization does not in fact regulate the question of the control, both over the process itself, and the fulfillment of the conditions stipulated in the contracts. A governmental regulation on privatization and post-privatization control is therefore called for.

Furthermore, it would be appropriate for the sale contracts themselves to stipulate the objects, as well as the forms and term of post-privatization control, concurrently with the respective forfeits and other conditions. The sale contract could even include provisions for the buyer himself to take on certain aspects and forms of control, for instance providing information to the seller on a regular basis about the fulfillment of the contract conditions: number of employed persons; realized investments; ecological improvements, etc.





 
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