ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 6, 2019 No. 18

About approval of standard form of the Agreement on subsidizing and guaranteeing within the State program of support and business development "The road map of business-2020", forms of the Agreement of subsidizing, the Agreement of guarantee, the Contract on provision of grant for realization of the new business ideas, the Contract on provision of grant for implementation of industrial and innovative projects within business incubation

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 State program of support and business development "The road map of business-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 Contract on provision of grant for realization of the new business ideas according to appendix 4 to this order;

5) form of the Contract on provision of grant for implementation of industrial and innovative projects within business incubation according to appendix 5 to this order.

2. Recognize invalid:

1) the order of the Minister of national economy of the Republic of Kazakhstan 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" (it is registered in the Register of state registration of regulatory legal acts for No. 15674, it is published on September 27, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

2) the order of the Minister of national economy of the Republic of Kazakhstan of April 11, 2018 No. 148 "About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan 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" (it is registered in the Register of state registration of regulatory legal acts for No. 16824, it is published on May 11, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. To provide to department of the state support of entrepreneurship 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 in the Kazakh and Russian languages 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 day of its first official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of March 6, 2019 No. 18

Form

The standard agreement about subsidizing and guaranteeing within the State program of support and business development "The road map of business-2020"

city _____________

"____" __________ 20 __ years

This Agreement about subsidizing and guaranteeing within the State program of support and business development "The road map of business-2020" (further - the Agreement) is signed between:

1) "The regional coordinator of the Program":

_______________________________________________________________в the person _____________________________________ who is 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 the basis of the ____________________________________________________________________, jointly referred to as "Party", and everyone "Party" or as it is stated above, according to:

The state 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 August 25, 2018 No. 522 (further - the Program);

Rules of subsidizing of part of rate of remuneration within the State program of support and business development "The road map of business-2020" (further - Rules of subsidizing), Rules of subsidizing of part of markup on goods and parts of the lease payment constituting the income of Islamic banks when financing of subjects of entrepreneurship by Islamic banks within the State program of support and business development "The road map of business-2020" (further - Rules of subsidizing when financing by Islamic banks) and the Rules of guaranteeing on the credits of subjects of small and medium business within the State program of support and business development "The road map of business-2020" (further - Rules of guaranteeing) approved by the order of the Government of the Republic of Kazakhstan of April 19, 2016 No. 234.

1. Terms and determinations

1. In this Agreement the following main terms and determinations 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) 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;

3) the first direction - support of new business initiatives of entrepreneurs of monotowns, small cities and rural settlements;

4) 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;

5) 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 of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan", based on the license and participating in the Program;

6) subsidizing on Islamic financing - 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;

7) 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;

8) 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 of July 5, 2000 "About financial leasing" and participating in the Program;

9) authorized body of the financial agency - the permanent collegiate organ performing the activities within the powers conferred to it by internal acts of joint-stock company "Fund of development of entrepreneurship "Lady" on consideration and decision making about opportunity/impossibility and termination/renewal of subsidizing of the project of the entrepreneur;

10) the agreement of financial leasing - the written agreement signed between the leasing company / bank / development bank and the entrepreneur under the terms of whom the leasing company / bank / development bank provides to the entrepreneur financial leasing;

11) subsidies - the periodical payments on non-paid and irretrievable basis paid by the financial agency to bank/bank of development / to Islamic bank / the leasing company / Islamic leasing company within subsidizing of entrepreneurs based on agreements of subsidizings/agreements of subsidizing on Islamic financing;

12) subsidizing - the form of the state financial support of the entrepreneurs used for partial expense recovery, paid by the entrepreneur to bank/bank of development / leasing company as remuneration on credits/leasing in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur;

13) the agreement of subsidizing - the tripartite written agreement signed between the financial agency, bank/bank of development / leasing company and the entrepreneur under the terms of whom the financial agency partially subsidizes remuneration rate on the credit/leasing of the entrepreneur issued by bank/bank of development / leasing company.

14) the third direction - decrease in currency risks of entrepreneurs.

Other terms and determinations used in this Agreement are determined by the Program, Rules of subsidizing, Rules of subsidizing when financing by Islamic banks and Rules of guaranteeing.

2. Subject of the agreement

2. Under the terms of this Agreement the regional coordinator of the Program transfers to the financial agency the funds provided for subsidizing and guaranteeing at the expense of means of republican and (or) local budgets.

3. Rights and obligations of the Parties

3. The financial agency has the right:

1) to exercise control of adherence to deadlines of obligation fulfillment, established by this Agreement and to require their timely execution;

2) to control and require timely transfer by the regional coordinator of the Program of money under this agreement;

3) in case of the direction the financial agency of the notification to the regional coordinator of the Program about the arisen need for money transfer for subsidizing of entrepreneurs and not receipt of means within a month from the date of the direction of the notification not to list subsidy to bank/bank of development / to Islamic bank / the leasing company / Islamic leasing company before receipt of necessary means from the regional coordinator of the Program;

4) to stop payment of subsidies in cases, stipulated in Item 130 Rules of subsidizing.

4. The financial agency shall:

1) to transfer the amounts of subsidies into the special checking account opened in bank/bank of development / Islamic bank / the leasing company / the Islamic leasing company / banke-platezhnom the agent;

2) timely to notify the regional coordinator of the Program about the arisen need for money transfer for subsidizing of entrepreneurs;

3) within 3 (three) working days after signing of each agreement of guarantee to send the adequate written notice to the regional coordinator of the Program;

4) to carry out the monitoring provided by the Program;

5) to sign agreements of guaranteeing in the presence of means from the local budget;

6) to accept documents of the entrepreneur and to submit projects for consideration of authorized body of the financial agency in the presence of means for subsidizing from the budget.

5. The regional coordinator of the Program has the right:

To request 1) from the financial agency information on development of the money listed on subsidizing and guaranteeing within the Program.

2) to demand from the financial agency of target use of the money listed on subsidizing and guaranteeing within the Program.

6. The regional coordinator of the Program shall:

Timely to transfer 1) to the financial agency of means for subsidizing to account, specified by the financial agency;

2) from the moment of receipt of funds, provided for subsidizing, within 10 (ten) working days to transfer to the financial agency funds, in the amount of 50% of the amount allocated for program implementation in the corresponding financial year for the account specified by the financial agency and to make the subsequent payments according to requests of the financial agency;

3) within 3 (three) working days after receipt of the notification from the financial agency to make money transfer to the financial agency, the credits provided for guaranteeing in the amount of 20% of the sum of each guarantee issued determined in the Agreement of guarantee;

4) within 1 (one) month from the date of receipt of the request of the financial agency to make changes to funding plan on payments and to make money transfer for subsidizing;

5) in case of lack of the request of the financial agency not to perform transfer of the remained means provided for subsidizing of entrepreneurs.

4. Responsibility of the parties

7. Each of the Parties in this Agreement bears responsibility for non-execution and (or) improper execution of the obligations following from this Agreement according to the civil legislation of the Republic of Kazakhstan.

8. Between the regional coordinator of the Program and the financial agency quarterly till the 15th day of the second month following reporting quarter acts of reconciliations on the enlisted means and amounts of subsidizing within this Agreement are signed.

9. Between the regional coordinator of the Program and the financial agency quarterly till the 25th following reporting quarter acts of reconciliations on the enlisted means and amounts of guaranteeing are signed.

5. Force majeure circumstances

10. Force majeure circumstances - circumstances of impossibility of complete or partial execution of the either party of agreement obligations (the spontaneous phenomena, military operations, force majeur circumstances). At the same time nature, the action period, the fact of approach of force majeure circumstances are confirmed by the relevant documents of authorized state bodies.

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