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

of January 16, 2015 No. 17

About approval of Rules of transfer of state-owned property to trust management and Standard agreement of trust management of state-owned property

According to Items 3 and 6 of article 75 of the Law of the Republic of Kazakhstan "About state-owned property" PRIKAZYVAYU:

1. Approve:

1) Rules of transfer of state-owned property to trust management according to appendix 1 to this order;

2) the Standard agreement of trust management of state-owned property according to appendix 2 to this order.

2. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) official publication on Internet resource of state body, in information system of law of Ad_let and in official mass media.

3. To impose control of execution of this order on the First vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective from the date of its state registration.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 16, 2015 No. 17

Rules of transfer of state-owned property to trust management

Chapter 1. General provisions

1. These rules are developed according to Item 3 of article 75 of the Law of the Republic of Kazakhstan "About state-owned property" and determine procedure for transfer of state-owned property to trust management, including carrying out the tender, the conclusions of contracts with trustees.

Provisions of these rules are not applied on the legal relationship connected with transfer to trust management of military property and not used military property of Armed Forces, other troops and military forming of the Republic of Kazakhstan, sports and improving and sports constructions of the state organizations of secondary education, historical and cultural monuments and water management constructions.

2. In these rules the following basic concepts are used:

1) the National operator on management of highways - the joint-stock company with absolute participation of the state in the authorized capital performing the powers established by the Law of the Republic of Kazakhstan "About highways";

2) the initial price - the project cost established by the tender commission, in case of acceptance by the founder of trust management of state-owned property of the decision on its transfer to trust management with the right of the subsequent redemption, determined based on the valuation report of the appraiser according to the legislation of the Republic of Kazakhstan on estimative activities;

3) the asset holder - the state legal entity to whom object is assigned on the right of operational management or economic maintaining;

4) governing body - the authorized body of the corresponding industry or local executive body or the office of the akim of the city of district value, the village, settlement, rural district performing rights of possession and uses of the state block of shares (shares in the authorized capital) joint-stock company (limited liability partnership) and/or management of the state legal entities;

5) the starting price - the price with which the biddings on object of trust management with the right of the subsequent redemption begin;

6) the closed tender - the tender on which the limited circle of participants takes part;

7) net income from trust management of the founder - the positive difference between the income and costs from trust management for tax period determined based on the report of the trustee on the activities provided by the civil legislation of the Republic of Kazakhstan;

8) the single operator in the sphere of accounting of state-owned property (further - the single operator) - the legal entity with participation of the state in the authorized capital determined according to the order of the Government of the Republic of Kazakhstan of July 15, 2011 No. 802 "About determination of the single operator in the sphere of accounting of state-owned property" to who tasks on realization of single technical policy in the sphere of the organization and accounting of state-owned property, and also function on management and operation of assets of territorial subdivisions of authorized body on state-owned property, according to the list approved by authorized body on state-owned property according to article 14 of the Law are assigned;

9) the founder of trust management of state-owned property (further - the founder) - authorized body on state-owned property or local executive body or the office of the akim of the city of district value, the village, settlement, rural district;

10) object – property complex of the state company, securities, shares in the authorized capital, the real estate, money belonging to the state and also other state-owned property, except for military property and not used military property of Armed Forces, other troops and military forming of the Republic of Kazakhstan, sports and improving and sports constructions of the state organizations of secondary education, historical and cultural monuments and water management constructions;

11) market value of object - settlement sum of money on which object of trust management with the right of the subsequent redemption can be aloof based on the transaction in the conditions of the competition when the parties of the transaction are effective, having all available information on assessment object, it is prudent also without coercion;

12) the trustee - physical persons and non-state legal entities if other is not provided by the laws of the Republic of Kazakhstan, signed the trust management agreement with the founder;

13) remuneration - the payments to the trustee by transfer of object to trust management without the right of the subsequent redemption performed at the expense of net income from trust management of the founder;

14) the tender is the form of the biddings on provision of object in trust management which is carried out with use of the web portal of the register in electronic format in case of which the founder shall sign on the basis of the original conditions offered to them the contract with that from participants of the tender who will offer the best terms of the contract for the founder;

15) the winner of the tender - the participant of the tender or the closed tender who offered top price for object by transfer of object to trust management with the right of the subsequent redemption or the participant of the tender or the closed tender, the offered smallest amount of remuneration by transfer of object to trust management without the right of the subsequent redemption;

16) the participant of the tender - the physical or non-state legal entity registered in the procedure established by these rules for participation in the tender or the closed tender;

17) the tender commission - the commission created by the founder for the organization and carrying out the tender or the closed tender for transfer of object to trust management;

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