of August 11, 2017 No. 299
About approval of standard form of the Agreement on subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020", forms of the Agreement of subsidizing, the Agreement of guarantee, the Agreement on provision of grant
According to the order of the Government of the Republic of Kazakhstan of April 19, 2016 No. 234 "About some measures of the state support of private entrepreneurship" PRIKAZYVAYU:
1. Approve:
1) standard form of the Agreement on subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020" according to appendix 1 to this order;
2) form of the Agreement of subsidizing according to appendix 2 to this order;
3) form of the Agreement of guarantee according to appendix 3 to this order;
4) form of the Agreement on provision of grant according to appendix 4 to this order.
1) the order of the Minister of national economy of the Republic of Kazakhstan of November 26, 2015 736 "About approval of the Standard form of the agreement on subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020", forms of the Agreement of subsidizing, the Agreement of guarantee, the Agreement on provision of grant" (it is registered in the Register of state registration of regulatory legal acts for No. 12480, it is published on December 30, 2015 in the Information system of law of Ad_let);
2) the order of the Minister of national economy of the Republic of Kazakhstan of June 8, 2016 No. 244 "About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of November 26, 2015 No. 736 "About approval of the Standard form of the agreement on subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020", forms of the Agreement of subsidizing, the Agreement of guarantee, the Agreement on provision of grant" (it is registered in the Register of state registration of regulatory legal acts for No. 13906, it is published on July 22, 2016 in the Information system of law of Ad_let).
3. To provide to development department of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in paper and electronic type in the Kazakh and Russian languages on official publication in periodic printing editions, and also in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;
4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.
4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.
5. This order becomes effective after ten calendar days after day of its first official publication.
Minister of national economy of the Republic of Kazakhstan
T. Suleymenov
Appendix 1
to the Order of the Minister of national economy of the Republic of Kazakhstan of August 11, 2017 No. 299
Form
____________ "____" __________ 20 of year
This Agreement about subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020" (further - the Agreement) is signed between:
1) "The regional coordinator of the Program":
_______________________________________________________________________ on behalf of
__________________________________________________, acting on the basis of the
_______________________________________________________, and
2) "The financial agency":
Joint-stock company "Fund of development of entrepreneurship "Lady" on behalf of
________________________________________________________, acting on
basis _________________________________________________________,
jointly referred to as "Party", and everyone "Party" or as it is stated above, according to:
The single program of the support and business development "The road map of business-2020" approved by the order of the Government of the Republic of Kazakhstan of March 31, 2015 No. 168 (further - the Program);
Rules of subsidizing of part of rate of remuneration within the Single program of support and business development "The road map of business of 2020" (further - Rules of subsidizing) and the Rules of guaranteeing on the credits of subjects of small and medium business within the Single program of support and business development "The road map of business of 2020" (further - Rules of guaranteeing) approved by the order of the Government of the Republic of Kazakhstan of April 19, 2016 No. 234.
1. In this Agreement the following main terms and reducings are used:
1) priority sectors of economy within the Program - priority sectors of economy according to the general qualifier of types of economic activity (further - OKED);
2) the local coordinator of the Program - the structural division of the city/area determined by the akim of area performing consulting escort of entrepreneurs on preparation and collection of the documents necessary for participation in the Program;
3) the regional coordinator of the Program - determined by the akim of area (the capitals, the cities of republican value) the structural division of local executive body responsible for program implementation at the regional level (the capitals, the cities of republican value);
4) bank - the bank of the second level participating in the Program;
5) bank - the payment agent - the authorized bank of the leasing company / Islamic leasing company which is approved with the financial agency and performs functions on maintaining the special account of the leasing company / Islamic leasing company intended for transfer and write-off of subsidies on projects;
6) the agreement of bank loan - the written agreement signed between bank and the entrepreneur under the terms of whom the bank grants the loan to the entrepreneur. The agreement on opening of credit line also belongs to the agreement of bank loan;
7) bank loan (further - the credit) - cash amount, provided by bank based on the agreement of bank loan to the entrepreneur on the terms of urgency, the paid nature, recoverability, security and target use;
8) the first direction - support of new business initiatives of entrepreneurs of monotowns, small cities and rural settlements;
9) development bank - Development Bank of Kazakhstan joint-stock company and (or) its affiliated leasing company;
10) the second direction - industry support of the entrepreneurs/subjects of industrial and innovative activities performing activities in priority sectors of economy and industries of processing industry;
11) Islamic bank - the bank of the second level performing the banking activity provided by Chapter 4-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", based on the license and participating in the Program;
12) subsidizing on Islamic financing (further - subsidizing) - the form of the state financial support of the entrepreneurs used for partial expense recovery, paid by the entrepreneur to Islamic bank / Islamic leasing company as markup on goods/part of the lease payment constituting the income of Islamic bank / Islamic leasing company on financings in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur;
13) the agreement of subsidizing on Islamic financing - the tripartite written agreement signed between the financial agency, Islamic bank / Islamic leasing company and the entrepreneur under the terms of whom the financial agency partially subsidizes markup on goods/part of the lease payment constituting the income of Islamic bank / Islamic leasing company on the financing of the entrepreneur issued by Islamic bank / Islamic leasing company;
14) Islamic leasing company - the legal entity created in the form of joint-stock company, not being bank, performing the activities according to Chapter 2-1 of the Law of the Republic of Kazakhstan "About financial leasing" and participating in the Program;
15) the entrepreneur - the subject of small and (or) medium business performing the activities according to the Entrepreneurial code of the Republic of Kazakhstan;
16) guarantee - the obligation of the financial agency to bank to be responsible for obligation fulfillment of the entrepreneur on payment of part of principal debt under the agreement of the bank loan following from the agreement of guarantee within the guarantee amount;
17) guaranteeing - the form of the state support of entrepreneurs used in the form of provision of partial guarantee as ensuring obligation fulfillment on the credit of the entrepreneur on the conditions determined by the Program, Rules of guaranteeing and the agreement of guarantee;
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The document ceased to be valid since March 15, 2019 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of March 6, 2019 No. 18