of December 31, 2019 No. 1060
About some measures of the state support of private entrepreneurship
According to Item 2 of article 94 of the Entrepreneurial code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:
1. Approve enclosed:
2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.
3. To impose control of execution of this resolution on the Ministry of national economy of the Republic of Kazakhstan.
4. This resolution becomes effective since January 1, 2020 and is subject to official publication.
Prime Minister of the Republic of Kazakhstan
A. Mamin
Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060
1. These rules of provision of portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits/microcredits of subjects small, including microentrepreneurships, within the national project on development of entrepreneurship for 2021 - 2025 (further - Rules), are developed according to Item 2 of article 94 of the Entrepreneurial code of the Republic of Kazakhstan and determine procedure for provision of portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing by credits/microcredits/financing of banks of the second level (further - BVU) / the organizations performing microfinancial activities to subjects small including microentrepreneurship.
2. In these rules the following basic concepts are used:
1) special finance company - the legal entity created according to the Law of the Republic of Kazakhstan "About project financing and securitization" for implementation of transactions of project financing and securitization for benefit of which rights to claim are yielded;
1-1) subjects of social entrepreneurship – the individual entrepreneurs and legal entities (except for subjects of big business) included in the register of subjects of social entrepreneurship;
2) bank - the payment agent - the IFI authorized bank which is approved with the financial agency and performs functions on maintaining the special account of IFI intended for transfer and write-off of subsidies on projects;
3) the allocated assets - the rights to claim yielded to special finance company in transactions of project financing and securitization, the money on accounts in bank custodian received on the rights to claim yielded to it, the financial instruments acquired by special finance company as a result of investment of the specified money, the money received as a result of sale of financial instruments and also the property and property rights arising during creation of collateral security;
4) 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 within implementation of these rules;
5) the financing provided by Islamic bank (further - financing) - the delay or payment by installments of payment for goods provided by Islamic bank to the entrepreneur;
6) the entrepreneur – small business entity, including microentrepreneurships, and also the subject of social entrepreneurship determined according to the Entrepreneurial code of the Republic of Kazakhstan;
7) the loan agreement - 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 loan agreement);
8) target use of the credit/microcredit – use by the entrepreneur of the credit/microcredit received according to the loan agreement on the purposes corresponding to conditions of these rules (target use is confirmed by the relevant documents which in total confirm payment and obtaining by the entrepreneur in full of assets/works/services and (or) achievement of other purposes, in accordance with the terms of these rules);
9) the financial agency - joint-stock company "Fund of development of entrepreneurship "Lady";
10) authorized body of the financial agency - the permanent collegiate organ performing the activities within the powers conferred to it by the charter of the financial agency, credit policy of the financial agency and fixed by internal documents of the financial agency;
11) the agreement of financing - the written agreement signed between Islamic bank and the entrepreneur under the terms of whom the Islamic bank grants commercial credit to the entrepreneur - to the buyer or the seller of goods (the general agreement of financing within which the Islamic bank and the entrepreneur sign separate agreements on provision of commercial credit (financing) also belongs to the agreement of financing;
12) the microcredit - the money provided by the organization performing microfinancial activities, to the subject small, including microentrepreneurships in national currency of the Republic of Kazakhstan, in the amount of, not exceeding eight-thousandfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget;
13) the organization performing microfinancial activities (further - IFI) - the microfinancial institution performing activities for provision of the microcredits;
14) the regional coordinator - determined by the akim of area (the capitals, the cities of republican value) structural division of local executive body;
15) the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing - the written agreement signed between BVU/IFI and the financial agency, determining the rights and obligations of each of the parties within realization of portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing;
16) portfolio subsidizing of part of rate of remuneration/markup - form of provision of subsidies to entrepreneurs within the limit set by the financial agency for BVU/IFI.
Also the credits/microcredits of BVU/IFI directed to financing of entrepreneurs via the securitization mechanism are subject to subsidizing. In that case functions of administration (maintenance) of the credits/microcredits of the entrepreneurs supported on the instrument of subsidizing within implementation of these rules are performed by BVU/IFIs which yielded such credits / microcredits of special finance company.
The mechanism of securitization provides form of the state financial support of entrepreneurs in the way: release by special finance company of the bonds provided with the allocated assets of BVU/IFI; acquisitions by the financial agency of the bonds issued by special finance company, provided with the allocated assets (the transaction of securitization); provisions by special finance company BVU/MFO of the funds raised from the financial agency;
17) portfolio partial guaranteeing - form of provision of guarantees to entrepreneurs within the limit set by the financial agency for BVU/IFI;
18) securitization - financing under concession of monetary claim by bond issue, provided with the allocated assets;
19) authorized body - authorized body on entrepreneurship.
3. Financing of portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing on credits/microcredits/financing is performed at the expense of means of the local and/or republican budgets provided on subsidizing and guaranteeing within the national project on development of the entrepreneurship for 2021 - 2025 approved by the order of the Government of the Republic of Kazakhstan of October 12, 2021 No. 728 (further - the national project).
4. The means provided for subsidizing of part of rate of remuneration/markup and partial guaranteeing are listed on the national project and the mechanism of crediting and financial leasing of priority projects approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting" (further - the mechanism), at the expense of means of the republican budget by authorized body on entrepreneurship in the financial agency into the special account of the financial agency on the basis of the agreement on money transfer signed between them.
5. The means provided for subsidizing of part of rate of remuneration/markup and partial guaranteeing at the expense of means of the local budget are listed on the national project by the regional coordinator in the financial agency on the basis of the agreement on subsidizing and guaranteeing within the national project concluded between them.
The standard form of the agreement on subsidizing and guaranteeing within the national project affirms authorized body on entrepreneurship.
5-1. The financial agency for the purposes of forming of the general complex annual analytical report of efficiency of the national project no later than July of the year following reporting sends results of monitoring of implementation of the national project / mechanism regarding subsidizing and guaranteeing on the credits/microcredits to authorized body.
6. Participants of the "Support of Micro and Small Business" direction are entrepreneurs.
6-1. Are not subject to subsidizing and guaranteeing within the "Support of Micro and Small Business" direction:
1) the projects of entrepreneurs realized on the types of activity specified in item 4 of article 24 of the Entrepreneurial code of the Republic of Kazakhstan;
2) the credits/microcredits in which creditor are national institutes of development;
3) the credits/microcredits, the remuneration rate on which was reduced the price at the expense of budgetary funds, except for credits/microcredits / financing of BVU/IFI which rate of remuneration was reduced the price within implementation of these rules;
4) the credits/microcredits directed to the redemption of shares, shares of the organizations, and also companies as property complex;
5) the credits in the form of the overdraft.
7. Portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing are performed on credits/microcredits/financing, activities of pawnshops, the microfinancial, factoring institutions and leasing companies directed to the investment purposes and replenishment of current assets without industry restrictions, except for, and also in the field of trade (trade in food is allowed).
For subjects small and the microentrepreneurships realizing projects in settlements, including in mono - and the small cities, rural settlements, portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing is performed without industry restrictions, except for activities of pawnshops, the microfinancial, factoring institutions and leasing companies.
The maximum amount of credit/microcredit/financing on the investment purposes on which portfolio subsidizing of part of rate of remuneration/markup on goods is performed of the Islamic bank constituting the income, and partial guaranteeing, constitutes no more than 20 (twenty) million tenges and on replenishment of current assets – no more than 5 (five) million tenges. The credits / mikrocredity / financing on replenishment of current assets are allowed in the form of credit line on renewable and/or non-renewable basis. The limit on one borrower constitutes 20 (twenty) million tenges. Repeated receipt of credit/microcredit/financing within the limit set by Rules in case of its repayment is allowed.
8. In case of excess by the borrower of the limit specified in Item 7 of these rules, financing of the project of the borrower is not allowed or the amount of financing is reduced to the level of the set limit.
9. Portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing, are performed only on credits/financing with nominal rate the remuneration/markup on goods, the Islamic bank constituting the income which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and the difference increased by 7 (seven) percent points from which 15,75 of % is subsidized with the state and is paid by the entrepreneur. The projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.
For subjects small and the microentrepreneurships realizing projects in settlements, including in mono - and the small cities, rural settlements, subsidizing is performed on credits/financing with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and the difference increased by 7 (seven) percent points from which 16,75 of % is subsidized with the state and is paid by the entrepreneur. The projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.
For subjects of social entrepreneurship subsidizing and guaranteeing on credits/financing are performed without industry restrictions and with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and the difference increased by 7 (seven) percent points from which 16,75 of % is subsidized with the state and is paid by the entrepreneur.
In case of reduction of the base rate established by National Bank of the Republic of Kazakhstan for December 6, 2022, the part of rate of remuneration subsidized by the state decreases on equivalent change to the reduced value of base rate of National Bank of the Republic of Kazakhstan.
For the projects realized in the cities of Zhezkazgan and Konayev according to requests till December 31, 2023 conditions of guaranteeing and subsidizing of rate of remuneration on credits/financing of the entrepreneurs realizing projects in settlements, including in mono - and the small cities, rural settlements extend.
Portfolio subsidizing of part of rate of remuneration and partial guaranteeing are performed only on the microcredits of IFI with nominal rate of remuneration no more than 28% per annum from which 50% of nominal rate of remuneration are subsidized with the state.
Portfolio subsidizing of part of rate of remuneration and partial guaranteeing are performed on the microcredits of IFI on projects in priority sectors of economy according to the list according to appendix 1 to these rules.
Portfolio subsidizing of part of rate of remuneration is performed on the microcredits of the graduates of the Bastau Business project who were trained according to the procedure, No. 746 provided by the order of the Government of the Republic of Kazakhstan of November 13, 2018 "About approval of the State program of development of productive employment and mass entrepreneurship for 2017 - 2021 of Enbek with nominal rate of remuneration no more than 20% per annum from which 6% are paid by the entrepreneur, and the difference is subsidized with the state.
At the same time the size of portfolio partial guarantee for subjects small, including microentrepreneurships, and also subjects of social entrepreneurship constitutes to 85% inclusive of the amount of credit/microcredit/financing, the remained amount of credit/microcredit/financing becomes covered by the entrepreneur at the discretion of BVU/IFI.
10. The term of the portfolio subsidizing of part of rate of remuneration/markup on goods constituting the income of Islamic bank on credits/microcredits/financing on the investment purposes constitutes 3 (three) years, on replenishment of current assets - 2 (two) years without the right of prolongation of term of subsidizing.
11. The term of the provided portfolio partial guarantee constitutes no more than the term of credit/microcredit/financing.
12. Portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing are performed on credits/microcredits/financing of BVU/IFI, selected according to internal regulating documents of authorized body of the financial agency.
13. The authorized body of the financial agency determines limit of the portfolio subsidizing of part of rate of remuneration/markup on goods constituting the income of Islamic bank and partial guaranteeing for each BVUMFO by its regional branches.
14. In case of exceeding of the requirements of BVU/IFI of threshold paid by the financial agency over 10% of amount (debt remaining balance) of the credit portfolio built on guarantee of the financial agency, the financial agency stop portfolio subsidizing of part of rate of remuneration and partial guaranteeing. In case of approach of such case new projects are not allowed to consideration.
At the same time the financial agency provides obligation fulfillment under earlier signed agreements.
15. The credits/microcredits of BVU/IFI directed to financing of entrepreneurs via the mechanism (transaction) of securitization are subject to subsidizing. At the same time the financial agency acquires the securitized bonds at the expense of own or raised funds from other financing sources.
16. Limits on BVU/IFI affirm authorized body of the financial agency annually under preliminary approval of BVU/IFI, and also can be in addition increased or sequestered within year in case of development of limit.
17. For participation in distribution of limit of BVU conforms to the following requirements:
1) accomplishment of prudential and other standard rates of National Bank of the Republic of Kazakhstan;
2) compliance to internal documents of the financial agency.
18. For participation in distribution of limit of IFI conform to the following requirements:
1) the equity of IFI cannot be below the minimum level established by National Bank of the Republic of Kazakhstan for date of submission of documents;
2) availability of accounting registration in National Bank of the Republic of Kazakhstan;
3) accomplishment of prudential and other standard rates of National Bank of the Republic of Kazakhstan;
4) compliance to internal documents of the financial agency.
19. If the amount of development of limit of BVU/IFI makes less than 30% after 6 (six) months from the moment of determination of limit by the financial agency, redistribution of limits in other BVUMFO is allowed.
20. After determination of limit between BVU/IFI and the financial agency the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing in which are specified is signed:
1) terms of development of limits of BVU/IFI;
2) payment procedure of portfolio partial guarantee;
3) payment procedure of portfolio subsidizing of part of rate of remuneration;
4) projects implementation monitoring implementation;
5) conditions of redistribution of the released limits between projects on which subsidizing (inappropriate use of means) is stopped.
21. BVU/IFIs pay to the financial agency penalty in the amount of 50 (fifty) MRP in non-notification cases / the untimely notification of the financial agency on partial/complete early repayment by the entrepreneur of principal debt, and also change of the payment schedule, at the same time times for notification are specified in the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency.
In case of partial early repayment of principal debt on credit/microcredit/financing of the entrepreneur, BVU/IFI send to the financial agency the copy of the supplementary agreement to the credit agreement / agreement of financing or the letter of BVU/IFI with the changed repayment schedule of payments in electronic format (XLS or XLSX) and specifying of the payable amount of subsidies.
In case of repeatedly partial early repayment of principal debt on credit/microcredit/financing by the entrepreneur during calendar month provision in the financial agency of the copy of BVU/IFI combined in such cases of the supplementary agreement to the credit agreement / agreement of financing or the letter of BVU/IFI with the changed repayment schedule of payments in electronic format (XLS or XLSX) and specifying of the payable amount of subsidies is allowed.
22. The entrepreneur addresses to BVU/IFI with the request for provision of credit/microcredit/financing.
23. In case of insufficiency of mortgage providing at the borrower on credit/microcredit/financing, the financial agency provides guaranteeing at the rate to 85% of the amount of credit/microcredit/financing.
24. BVU/IFI carries out complex assessment / examination of financial and economic efficiency of the project. In case of acceptance of BVU/IFI of the positive decision on provision of credit/microcredit/financing with guarantee of the financial agency within portfolio guaranteeing BVU/IFI provides to the financial agency:
1) the copy of the credit agreement / agreement of financing and data on the automated service of the financial agency on the credit agreement / agreement of financing;
2) the letter notification in form according to appendix 2 to these rules.
At the same time, in case of data transmission on the automated service of the financial agency, the letter notification is not required.
25. Based on the above-stated documents from the date of receipt of the letter notification the financial agency within 1 (one) working day sends to BVU/IFI the warranty obligation in form according to appendix 3 to these rules.
The warranty obligation consists on the paper carrier / electronically, at the same time the electronic form of the warranty obligation is signed by the digital signature according to the current legislation of the Republic of Kazakhstan. In case of consideration of the request through the automated service, the warranty obligation goes the financial agency by means of service.
26. In case of excess by the borrower of the limit specified in Item 7 of these rules, financing of the project of the borrower is not allowed or the amount of financing is reduced to the level of the set limit.
27. In case of consideration of the request through the automated service of the financial agency, BVU/IFIs within 5 (five) working days from the date of receipt of the warranty obligation notify the financial agency by means of service on provision of credit/microcredit/financing to the entrepreneur.
28. In case of deterioration in the indicator of BVU/IFI specified in Item 14 of these rules, the financial agency can redistribute limit of portfolio partial guaranteeing in other BVUMFO.
29. Payment of guarantee by the financial agency BVU/MFO is performed according to the procedures specified in the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency.
30. If within 120 (hundred twenty) calendar days from the date of non-execution / improper execution by the entrepreneur of obligations on repayment of the amount of principal debt under the credit agreement / agreement of financing the entrepreneur did not perform/fulfilled in an inadequate way obligations on repayment of the amount of principal debt under the credit agreement / agreement of financing, BVU/IFI can impose requirement to the financial agency.
31. The financial agency pays guarantees for credits/microcredits/financing of BVU/IFI within 20 (twenty) working days from the moment of receipt of the requirement.
32. In case of inappropriate/partial inappropriate use of credit / microcredit/financing the guarantee of the financial agency is cancelled / the amount of guarantee decreases in proportion to credit amount of the microcredit/financing used for the inappropriate designated purpose.
33. In case of release of means due to cancellation of guarantee/decrease in the amount of guarantee on credits/microcredits / financing, BVU/IFI considers requests on new projects within the allocated limit.
34. BVU/IFIs do not charge any fees, charges and/or other payments connected with credit/microcredit/financing, except for:
1) the conditions of crediting/financing connected with change initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur on credit/microcredit/financing.
35. The financial agency before refining of republican and/or local budgets of the current financial year signs agreements of guarantee in case of further compensation of means from republican and/or local budgets by authorized body on entrepreneurship/akimat of area (the capital, the cities of republican value) of no more than 10% of amount of expenses of the budget program for the current financial year for the approved (specified) budget.
The financial agency notifies authorized body on entrepreneurship/akimat of area (the capital, the cities of republican value) on the signed agreements of guarantee with indication of compensation amount monthly till the 10th for further compensation of means by authorized body on entrepreneurship/akimat of area (the capital, the cities of republican value) in case of the next refining of the budget.
In case of assignment from republican and/or local budgets in the current financial year compensation under earlier signed agreements of guarantee is in the first place performed, and the remained amount is distributed on new projects.
In case of lack of allocated funds on compensation of earlier signed agreements of guarantee, according to part one of this Item the financial agency stops guaranteeing projects to full recovery of means from republican and/or local budgets.
36. The entrepreneur addresses to BVU/IFI with the request for financing provision.
37. BVU/IFI carries out complex assessment / examination of financial and economic efficiency of the project. In case of acceptance of BVU/IFI of the positive decision on provision of credit / microcredit/financing within portfolio subsidizing, BVU/IFI provides to the financial agency:
1) the copy of the credit agreement / agreement of financing or this on the automated service of the financial agency under the credit agreement / agreement of financing;
2) the letter notification in form according to appendix 2 to these rules (in case of data transmission on the automated service of the financial agency, the letter the notification is not required).
38. When signing the credit agreement / agreement of financing the entrepreneur assumes liability on target use of borrowing facilities. In case of non-execution of this obligation by the entrepreneur:
1) subsidizing stops, the entrepreneur compensates to the financial agency the amount of the paid subsidies;
2) financing terms of the entrepreneur are reviewed according to which the nominal rate of remuneration does not exceed the base rate established by National Bank of the Republic of Kazakhstan and increased by 7 (seven) percent points.
39. BVU open for the financial agency the current account for transfer of the amounts of subsidies.
IFIs which do not have the right of opening and maintaining business bank accounts in coordination with the financial agency determine bank - the payment agent in whom IFI will open the current account for transfer of subsidies.
40. In process of signing of credit agreements / agreements of financing of BVU/IFI the official letter sends to the financial agency document package for implementation of payments taking into account Item 37 of these rules.
Money transfer, provided for subsidizing, is performed by the financial agency on the current account in bank / banke-platezhnom the agent monthly advance payments (once/several times a month) taking into account the payment schedule to the credit agreement / agreement of the financing provided to BVU/IFI taking into account compensation of subsidies for previous periods.
Under this BVUMFO independently calculate the receivable amount of subsidies taking into account regulations of these rules, check of the specified calculations by the financial agency is not performed.
After money transfer, provided for subsidizing, the financial agency at the same time notifies BVU/IFI by the direction of the copy of the document on money transfer by e-mail. In the notification the name of BVU/IFI, the region, the name of the entrepreneur, the amount of subsidies and the period for which payment is performed are specified.
41. Money transfer, provided for subsidizing, on projects of entrepreneurs, in case of lowering of the credit rating and other signs of deterioration in financial condition BVU/banka-platezhnogo of the agent (approach of one or several cases), including:
in case of lowering of the credit rating from the international rating agencies it is lower than the level "B" on scale of ratings Standard&Poors;
in case of decrease in value of coefficient of K4 it is lower than the 0,4 level;
in case of violation of prudential standard rates within 2 (two) months in a row, it is performed by the financial agency based on the notification of BVU/IFI on the fact of carrying out complete payment by the entrepreneur on the credit (principal debt, subsidized and not subsidized part of remuneration) or the payments covering the forthcoming obligations of the entrepreneur by subsidized part of remuneration for the short-term period proceeding from payment schedules to the credit agreement / agreement of financing.
In case of correction at BVU/banka-platezhnogo the agent of the indicators stated above transfer by the financial agency of the means provided for subsidizing is performed by advance payments (once/several times a month) taking into account the payment schedule to the credit agreement / agreement of financing.
42. BVU/IFIs based on the notification of the financial agency perform write-off from the current account of the financial agency of the amount of subsidies on projects of entrepreneurs. BVU/bank-platezhny the agent cannot charge off money from general current remaining balance of means on accounts.
43. The entrepreneur makes payment of remuneration of BVU/IFI regarding not subsidized rate of remuneration according to the repayment schedule according to the credit agreement / agreement of financing.
Upon carrying out payment by the entrepreneur of complete payment on credit/microcredit/financing (principal debt and not subsidized part of rate of remuneration) BVU/IFIs perform write-off of money from the current account of the financial agency on account of repayment of subsidized part of rate of remuneration on credit/microcredit/financing of the entrepreneur.
44. In case of write-off of the amounts of subsidies from the current account of the financial agency for repayment of subsidized part of rate of remuneration after 30 (thirty) calendar days from the date of the actual repayment by the entrepreneur of planned payment on credit/microcredit/financing, BVU/IFI pay to the financial agency penalty in the amount of 50 (fifty) MRP.
45. BVU/IFIs shall send the official letter to the financial agency information on the borrower for observance of the requirement for the limit specified in Item 7 of these rules.
46. In case of excess by the borrower of the limit specified in Item 7 of these rules, financing of the project of the borrower is not allowed or the amount of financing is reduced to the level of the set limit.
47. Payment of subsidies by the financial agency BVU/MFO is performed according to the procedures specified in the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency.
48. At the same time payment of subsidies by the financial agency BVU/MFO is performed in the presence of means from the corresponding regional coordinator.
49. In case of deterioration in the indicator of BVU/IFI specified in Item 14 of these rules, the financial agency stops subsidizing of new projects within limit.
50. In case of inappropriate/partial inappropriate use of credit / microcredit/financing the financial agency stops subsidizing of rate of remuneration/markup, at the same time subsidizing stops in proportion to the amount of inappropriate use of credit/microcredit/financing, including in case of independent identification of inappropriate/partial inappropriate use by the financial agency.
51. The termination of subsidizing by the financial agency is performed according to the procedures specified in the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency.
52. BVU/IFIs within 5 (five) working days send the notification to the financial agency for consideration of question of the termination of subsidizing in case of establishment of the following facts:
1) inappropriate/partial inappropriate use of credit/microcredit/financing on which subsidizing is performed at the same time subsidizing stops in proportion to the amount of inappropriate use of credit/microcredit/financing;
2) discrepancies of the project and/or entrepreneur to conditions of these rules;
3) arrest of money on accounts of the entrepreneur (except for seizures of money on accounts as measures for providing the claim, on condition of sufficiency of the money on the account in full providing claims), and/or suspensions of account account transactions of the entrepreneur.
53. In case of the termination of subsidizing of part of rate of remuneration on credits/microcredits/financing of BVU/IFI review financing terms according to which the nominal rate of remuneration does not exceed the base rate established by National Bank of the Republic of Kazakhstan and increased by 7 (seven) percent points.
54. Renewal of subsidizing of part of rate of remuneration/markup is performed according to the conditions provided in the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency.
55. BVU/IFIs do not charge any fees, charges and/or other payments connected with credit/microcredit/financing, except for:
1) the conditions of crediting/financing connected with change initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur on credit/microcredit/financing.
56. The regional coordinator from the moment of receipt of funds on the basis of the agreement on subsidizing and guaranteeing within 10 (ten) working days performs transfer to the financial agency of means in the amount of 50% of the allocated amount in the corresponding financial year into the account specified by the financial agency for subsidizing of part of rate of remuneration/markup and partial guaranteeing. The subsequent payments will be made according to requests of the financial agency.
The funds allocated within subsidizing of part of rate of remuneration/markup and partial guaranteeing, not used by regional coordinators / the financial agency in the current financial year can be used in the next financial year on subsidizing of part of rate of remuneration/markup and partial guaranteeing the projects including approved in the next financial year.
In case of formation of lack of budgetary funds for partial guaranteeing projects, the akimat of area (the capital, the cities of republican value) notifies on it the financial agency for suspension of partial guaranteeing projects before receipt of additional resources.
57. The cost of guarantee which is paid by akimat of area (the capital, the cities of republican value) to the financial agency, constitutes 20% of the amount of portfolio partial guarantee and is payment for the issued guarantees. In case of early termination of validity of portfolio partial guarantee the amount is used for the subsequent portfolio partial guaranteeing projects. The financial agency can place at discretion the received means in different financial instruments.
58. Monitoring of projects implementation within these rules is performed by the financial agency on the basis of Rules of carrying out monitoring of the projects realized within the national project, approved by authorized body on entrepreneurship.
58-1. Banks/IFIs perform monitoring of the project on compliance to conditions of these rules and the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency, namely:
monitoring of target use of the credit/agreement of the financing/microcredit in time no later than 1 (one) from the moment of the conclusion of the credit agreement / agreement of the financing/microcredit;
monitoring of payment discipline (on permanent basis);
monitoring of compliance of the project and (or) the entrepreneur to conditions of the national project, Rules and agreements on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing in time no later than 1 (one) from the moment of the conclusion of the credit agreement / agreement of the financing/microcredit.
59. The financial agency carries out monitoring in cases:
1) non-executions by the entrepreneur of obligations on repayment of the amount of principal debt according to the loan agreement within 60 (sixty) calendar days (or in other time established by the agreement of guarantee) according to investment projects (to the mixed credit lines on investment tranches);
2) identifications of inappropriate use of borrowing facilities of BVU/IFI independently according to subitems 1) and 2) Item 52 of these rules on condition of the direction of the notification to the financial agency.
On projects of portfolio subsidizing of part of rate of remuneration and partial guaranteeing by the financial agency selective monitoring is carried out.
60. Till January 1, 2022 the means provided for subsidizing of part of rate of remuneration/markup and partial guaranteeing and listed according to the State program of support and business development "The road map of business-2025" (further - the DKB-2025 Program) and to the mechanism at the expense of means of local and/or republican budgets, are used by the financial agency before complete development.
61. The projects approved before approval of these rules within earlier adopted agenda of "DKB-2025" act on earlier approved conditions.
to Rules of provision of portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits/microcredits of subjects small, including microentrepreneurships, within the national project on development of entrepreneurship for 2021 - 2025
List of priority sectors of economy
|
OKED code |
Name |
|
1 |
2 |
|
Agro-industrial complex | |
|
01 |
Crop production and livestock production, hunting and rendering of services in these areas, except for 01.11 "Cultivation of grain crops (except for rice), bean cultures and oilseeds" |
|
03 |
Fishery and fish breeding |
|
10 |
Production of food |
|
11:06 |
Malt production |
|
11:07 |
Production of soft drinks, mineral waters and other waters in bottles |
|
Mining industry | |
|
08.12.1 |
Development gravel and sandpits |
|
09 |
Provision of services in the mining industry |
|
Light industry and production of furniture | |
|
13 |
Production of textile products |
|
14 |
Production of clothes |
|
15 |
Production of the leather and relating to it products |
|
16 |
Production of wooden and pith products, except furniture; production of products from straws and materials for weaving |
|
17 |
Production of paper and paper products |
|
18 |
Printing activities and reproduction of the written-down data carriers |
|
20 |
Production of products of the chemical industry |
|
21 |
Production of the main pharmaceutical products and pharmaceutical medicines |
|
22 |
Production of rubber and plastic products |
|
31 |
Production of furniture |
|
Production of construction materials and other nonmetallic mineral products | |
|
23 |
Production of other nonmetallic mineral products |
|
Metallurgy, metal working, mechanical engineering | |
|
24 |
Metallurgical production |
|
25 |
Production of finished metal goods, except machines and the equipment |
|
26 |
Production of computers, electronic and optical equipment |
|
27 |
Production of the electric equipment |
|
28 |
Production of the machines and the equipment which is not switched on in other groups |
|
29 |
Production of cars, trail cars and semitrailer trucks |
|
30 |
Production of other vehicles |
|
33 |
Repair and installation of machines and equipment |
|
Other sectors of the industry | |
|
32 |
Production of other finished products |
|
35.11.4 |
Production of electricity by wind power stations |
|
35.11.5 |
Production of electricity by solar power stations |
|
35.11.9 |
Production of electricity by other power plants |
|
35.11.2 |
Production of electricity by hydroelectric power stations |
|
38 |
Collection, processing and waste disposal; utilization (recovery) of materials |
|
39 |
Activities for liquidation of pollution and other services in the field of waste disposal |
|
Transport and warehousing | |
|
45.2 |
Maintenance and car repairs |
|
49.3 |
Activities of other passenger land carriage |
|
49.41 |
Activities of load road transport |
|
50 |
Activities of water transport |
|
52 |
Warehousing of loads and auxiliary transport activities |
|
53 |
Mail and express activities, except for the activities relating to the sphere of natural monopolies |
|
Tourism | |
|
55.10 |
Provision of services by hotels and similar places for accommodation |
|
55.20 |
Provision of housing for the weekend and other periods of short-term accommodation |
|
55.30 |
Provision of services by campings, parking for motor vans and trailers for housing |
|
Information and communication | |
|
58 |
Publishing activities |
|
59.14 |
Activities for display of movies |
|
61 |
Telecommunications |
|
62 |
Computer programming, the consulting and other accompanying services |
|
Lease and management of own or leasable real estate | |
|
68.20.1 |
Lease of storage facilities and storage areas |
|
68.20.2 |
Lease (sublease) of storage facilities and storage areas |
|
Professional, scientific and technical activity | |
|
69.2 |
Activities in the field of financial accounting and audit; consultation on the taxation |
|
71 |
Activities in the field of architecture, engineering researches; technical testing and analysis |
|
72 |
Research and development |
|
74 |
Other professional, scientific and technical activity |
|
75 |
Veterinary activities |
|
Lease, hire and leasing | |
|
77.11 |
Lease and leasing of cars and easy vehicles * |
|
Activities for servicing of buildings and improvement of the territories | |
|
81 |
Activities for servicing of buildings and improvement of the territories |
|
Education | |
|
85 |
Education |
|
Health care and social services | |
|
86 |
Activities in the field of health care |
|
87 |
Provision of social services with ensuring accommodation |
|
88 |
Provision of social services without ensuring accommodation |
|
Art, entertainment and rest | |
|
91 |
Activities of libraries, archives, museums and other activities in the field of culture |
|
93 |
Activities in the field of sport, the organization and entertainments (except for discos and karaoke) |
|
Provision of other types of service | |
|
95 |
Repair of computers, objects of private consumption and household goods |
|
96.01 |
Washing and (chemical) cleaning of textile and fur products |
* This OKED provides lease and leasing of cars of domestic manufacturers
to Rules of provision of portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits/microcredits of subjects small, including microentrepreneurships, within the national project on development of entrepreneurship for 2021 - 2025
in the autonomous area "Fund of development
entrepreneurships "Lady"
Letter notification
Within the signed Agreement on portfolio subsidizing of part of rate
remunerations and partial guaranteeing between the joint-stock company "Fund of development
entrepreneurships "Lady" (further – fund) and JSC _________________ (to specify
the bank name of the second level (further – bank) No. ___ from "_____" ___________ 20 __ years
we report that the bank considered and approved the request of individual
entrepreneurs/partnerships with limited responsibility / joint-stock
societies / peasant economy (IP/TOO/AO/KH) "___________________" (including
co-borrowers on the credit) on the following usloviyakh* are specified:
|
Agreement of bank loan / Agreement of financing ** |
|
|
Business and Identification Number / Individual Identification Number (BIN/IIN) of the borrower |
|
|
Legal address and actual address (in the presence) borrower |
|
|
Registration date (IP/TOO/AO/KH) |
|
|
Bank name |
|
|
Account number of the borrower |
|
|
Code of the beneficiary (KBE) |
|
|
Date of filing of application in bank |
|
|
Date of the decision of authorized body of bank |
|
|
Program of funding |
|
|
Purpose of credit/microcredit/financing |
|
|
The amount of credit/microcredit/financing for date of the conclusion of this agreement |
|
|
Currency of credit/microcredit/financing |
|
|
The term of credit/microcredit/financing (in months, with indication of end date) |
|
|
Rate of remuneration of credit/microcredit/financing |
|
|
Financing industry |
|
|
The guarantee size (with indication of % of credit amount) |
|
|
Guarantee period (with indication of end date) |
|
|
Mortgage providing on the credit (except guarantee of fund); name, address, market and mortgage value |
|
|
The place of project implementation (area, with obligatory specifying of the city/area) |
|
* inclusion of conditions in tabular form is allowed
** the copy is attached
Yours faithfully, ___________ _____________ _____________________________________
(position) (signature) (surname, name, middle name (in case of its availability)
to Rules of provision of portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits/microcredits of subjects small, including microentrepreneurships, within the national project on development of entrepreneurship for 2021 - 2025
Name of the Guarantor form:
Joint-stock company "Fund of development
entrepreneurships "Lady"
Address: _______________________
To whom: ________________________
(full name and
details of bank/IFI)
Warranty obligation No.
____ ____________ "____" ___________ 20 ___ year
In view of conditions of these rules of provision of portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits/microcredits of subjects small, including microentrepreneurships, within the national project on development of entrepreneurship for 2021 - 2025 (further - Rules), and also, considering that _______ "________________" (further - the borrower) concluded with JSC ________________ (further - Bank/IFI) the credit agreement / agreement of financing No. _____ from "_____" ___________ 20 __ years (the complete name of the agreement and its details) (further - the credit agreement / agreement of financing are specified) on the following main conditions:
1) amount of credit/microcredit/financing ____________________;
2) remuneration rate on the credit/markup on goods constituting the income of Islamic bank _________________;
3) the term of credit/microcredit/financing ______________________ (in months);
4) purpose of credit/microcredit/financing ________________________,
confirms with this JSC Fund of Development of Entrepreneurship Damu what is guarantor under the above-stated credit agreement / agreement of financing and undertakes the obligation to pay Bank/IFI according to his / her requirement the amount equal to remaining balance of the principal debt, without the amount added remunerations/markups, the commissions, penalty, penalty fee, penalties, legal costs on debt collection, other losses of Bank/IFI caused by non-execution and (or) improper execution by the borrower of obligations under the credit agreement / agreement of financing.
The guarantee is subject to execution only in case of non-execution by the borrower of obligations on return of the amount of principal debt under the credit agreement / agreement of financing.
Responsibility of the guarantor to Bank/IFI is limited to the guarantee amount in the amount of tenge _________________ (___________________________) (rounding of the amount is performed according to rules of mathematical rounding) that constitutes _____ % of the amount of credit/microcredit/financing.
In case of repayment / partial repayment of principal debt under the credit agreement / agreement of financing responsibility of the guarantor decreases by the amount equal to repayment sum of principal debt.
The size of obligations of the guarantor on guarantee decreases by the amount of the requirement performed by the guarantor.
The guarantee is subject to execution within 10 (ten) working days from the date of receipt of the original of the written requirement of Bank/IFI of payment with appendix of originals of the documents confirming what the borrower did not perform / in an inadequate way fulfilled the obligation on repayment of principal debt under the credit agreement / agreement of financing, and other documents provided by the agreement on portfolio subsidizing and guaranteeing No. ___ from "___" ___________ 20 ___ years, concluded between the guarantor and Bank/IFI (further - the agreement).
The guarantee is subject to execution only in case of observance of all requirements and conditions provided by the Agreement.
This warranty obligation becomes effective from the moment of its signing and is effective on "___" with ___________ 20 ___ years inclusive, expires completely and automatically irrespective of, this document will be returned to us or not. At the same time your written requirement shall be received by us no later than 16:00 hours on time of the city of Astana in the above-stated day.
All rights and obligations arising between the guarantor, Bank/IFI and the borrower (further - the parties), including without limitation, procedure for presentation and execution of guarantee, procedure for transition of the rights of requirements for the credit agreement / agreement of financing from Bank/IFI to the guarantor, the bases of the termination of guarantee and responsibility of the parties in connection with this warranty obligation, are regulated by the legislation of the Republic of Kazakhstan, Rules, the agreement.
_______________________________
(signature of the first head)
Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060
1. These rules of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 (further – Rules of subsidizing) are developed according to Item 2 of article 94 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code) and determine conditions, the mechanism and procedure for subsidizing of part of rate of remuneration on the credits of banks of the second level / to the microcredits of the microfinancial organizations / to agreements of financial leasing of leasing companies to subjects of entrepreneurship.
2. Subsidizing of part of rate of remuneration within implementation of the national project on development of the entrepreneurship for 2021 - 2025 approved by the order of the Government of the Republic of Kazakhstan of October 12, 2021 No. 728 (further - the national project), is performed on:
1) to the credits/microcredits/agreements of financial leasing of entrepreneurs issued by banks of the second level / the microfinancial organizations / leasing companies;
2) to the credits of entrepreneurs issued by banks of the second level for the purposes of implementation of "green" projects;
3) to the credits of subjects of private entrepreneurship issued by banks of the second level / leasing companies within the mechanism of the crediting and financial leasing of priority projects approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting" (further - the mechanism).
3. In these rules of subsidizing the following basic concepts are used:
1) information system - the organizational arranged set of the information and communication technologies, service personnel and technical documentation realizing certain technology actions by means of information exchange and intended for the solution of specific functional objectives;
2) special finance company - the legal entity created according to the Law of the Republic of Kazakhstan "About project financing and securitization" for implementation of transactions of project financing and securitization for benefit of which rights to claim are yielded;
2-1) subject of social entrepreneurship – the individual entrepreneurs and legal entities (except for subjects of big business) included in the register of subjects of social entrepreneurship;
3) bank - the bank of the second level performing activities within implementation of these rules of the subsidizing/mechanism;
4) bank - the payment agent – the authorized bank of the leasing company / microfinancial institution which is approved with the financial agency and performs functions on maintaining the special account of the leasing company / microfinancial institution intended for transfer and write-off of subsidies on projects;
5) bank loan (further - the credit) - the amount of money 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;
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);
6-1) statement of bank / leasing company – the statement of bank / leasing company about accession to the agreement of accession;
7) the allocated assets - the rights to claim yielded to special finance company in transactions of project financing and securitization, the money on accounts in bank custodian received on the rights to claim yielded to it, the financial instruments acquired by special finance company as a result of investment of the specified money, the money received as a result of sale of financial instruments and also the property and property rights arising during creation of collateral security;
8) development bank - Development Bank of Kazakhstan joint-stock company and (or) its affiliated leasing company;
9) "green" projects - the projects directed to increase in efficiency of use of the existing natural resources, decrease in level of negative impact on the environment, increase in energy efficiency, energy saving, mitigation of the consequences of climate change and adaptation to climate change determined on the basis of the approved classification (taxonomy) according to the ecological legislation of the Republic of Kazakhstan;
10) "green" taxonomy - the classification of the "green" projects which are subject to financing through "green" bonds and the "green" credits, developed by authorized body in the field of environmental protection and approved by the order of the Government of the Republic of Kazakhstan;
11) the local coordinator - determined by the akim of area (the capitals, the cities of republican value) the structural division of local executive body (city/area) performing consulting escort of entrepreneurs on preparation and collection of documents;
12) the project - set of actions and actions in the different directions of business performed by the entrepreneur as the initiative activities directed to income acquisition and which are not contradicting the legislation of the Republic of Kazakhstan (within one project receipt of several bank credits / leasing transactions is possible);
13) working body - authorized management of akimats of areas, cities of republican value and the capital within Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of the farm animals, the equipment and processing equipment approved by the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of October 26, 2018 No. 436 (further - the order No. 436) (it is registered in the register of state registration of regulatory legal acts for No. 17741);
14) the entrepreneur – the subject of small and (or) medium business, including the subject of social entrepreneurship performing the activities within these rules of subsidizing and the subjects of private entrepreneurship performing the activities within the mechanism and also the legal entities registered in the territory of the International financial center "Astana";
14-1) statement of the entrepreneur – the statement of the entrepreneur for accession to the agreement of accession;
15) the complex entrepreneurial license (further - franchizing) - business activity in case of which the owner of complex of exclusive rights presents him in use on paid basis to other person;
16) the financial agency - joint-stock company "Fund of development of entrepreneurship "Lady";
16-1) authorized body of the financial agency – the permanent collegiate organ performing the activities within the powers conferred to it by the charter of the financial agency, credit policy of the financial agency and fixed by internal documents of the financial agency;
17) the agreement of financial leasing - the written agreement signed between the leasing company / bank and the entrepreneur under the terms of whom the leasing company / bank provide to the entrepreneur financial leasing;
17-1) agreement of accession – the agreement of subsidizing in the form of the agreement of the accession of standard form approved by authorized body on entrepreneurship and placed on Internet resource of the financial agency which conditions are accepted by the entrepreneur and bank / leasing company by accession to the offered agreement in general;
17-2) payment schedule under the agreement of accession – the schedule signed within the agreement of bank loan / financial leasing between bank / leasing company and the borrower, approved according to the procedure, established by these rules of subsidizing;
18) leasing company - the participant of the leasing transaction performing activities within implementation of these rules of subsidizing;
19) the leasing transaction (leasing) - set of coordinated actions of the participants of leasing directed to establishment, change and the termination of the civil laws and obligations;
20) the state institutes of development - national managing holdings, national holdings, joint-stock companies which controlling stocks the national managing holding or national holding, the rendering measures of the state support in different sectors of economy own;
21) public-private partnership - the form of cooperation between the state and private partner corresponding to the signs determined in the Law of the Republic of Kazakhstan "About public-private partnership";
21-1) microfinancial institutions (further – IFI) – the organization performing microfinancial activities on provision of the microcredits;
21-2) microcredits – the money provided by the organization performing microfinancial activities, to the borrower in national currency of the Republic of Kazakhstan in the amount of and procedure, determined by the Law of the Republic of Kazakhstan "About microfinancial activities", on the terms of the paid nature, urgency and recoverability;
21-3) agreements on the microcredit – the agreement on provision of the microcredit according to which the organization performing microfinancial activities provides to the borrower the microcredit;
21-4) dot regional programs – the program realized by the financial agency together with local executive body or other legal entities for the purpose of further financing of subjects of small and medium entrepreneurship of the specific region / city, approved by authorized body of the financial agency;
22) the regional coordinator - determined by the akim of area (the capitals, the cities of republican value) structural division of local executive body;
23) securitization - financing under concession of monetary claim by bond issue, provided with the allocated assets;
24) subsidies - the periodical payments on non-paid and irretrievable basis paid by the financial agency to bank / leasing company within subsidizing of entrepreneurs based on agreements of subsidizing;
25) subsidizing - the form of the state financial support of entrepreneurs used for partial expense recovery paid by the entrepreneur to bank / leasing company as remuneration on credits/leasing in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur.
Also the credits of banks directed to financing of entrepreneurs via the securitization mechanism are subject to subsidizing. In that case, functions of administration (maintenance) of the credits of the entrepreneurs supported on the instrument of subsidizing within these rules of subsidizing are performed by the bank which yielded such credits of special finance company.
The mechanism of securitization provides itself form of the state financial support of entrepreneurs in the way: release by special finance company of the bonds provided with the allocated assets of bank; acquisitions by the financial agency of the bonds issued by special finance company, provided with the allocated assets (the transaction of securitization); provisions by special finance company to bank of the funds raised from the financial agency;
26) the agreement of subsidizing - the tripartite written agreement signed between the financial agency, bank / 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 / leasing company in the form approved by authorized body on entrepreneurship;
27) external assessment (on the "green" project) - assessment procedure of compliance of the planned to realization or implementable "green" project to splits of projects of "green" taxonomy regarding respect for the threshold values provided for this split;
28) provider of external assessment - the organization performing independent assessment on planned to realization or the implementable "green" project with preparation of the corresponding conclusion about compliance of the considered project to threshold value of "green" taxonomy;
28-1) sanctions – rationing arrangements of economic nature, including in carrying out financial transactions, applied by the country or group of the countries to other country;
29) authorized body - authorized body on entrepreneurship;
30) threshold value (threshold criterion on split of "green" taxonomy) - extreme values of quantitative and high-quality criteria of the projects or assets established for split of "green" taxonomy which achievement is necessary for qualification of projects as "green", that is corresponding to "green" taxonomy. The threshold criterion on split can be expressed in the requirement of certification/marking (confirmation of conformity to requirements of the standards specified in "green" taxonomy or availability of markings concerning separate splits);
31) electronic document package - the documents which are completely reproducing type and information (data) of the authentic document in electronic and digital form, certified by the digital signature of the applicant or person having powers on the certificate of this document, or the authorized employee of service center of entrepreneurs based on written consent of the receiver of the state service this at the time of its personal presence;
32) the electronic request - the statement on receipt of the state support in which information is provided in electronic and digital form and is certified by means of the digital signature.
4. Subsidizing is used for compensation of part of the expenses paid by entrepreneurs as remuneration under credits/agreements of financial leasing including to the credits issued for implementation of "green" projects and performed via effective mechanisms of interaction of the state with business.
5. Services of the financial agency are paid by authorized body at the expense of means of the republican budget.
6. The means provided for subsidizing of subjects of small and medium entrepreneurship within Rules of subsidizing of the subjects of private entrepreneurship which are performing/planning the activities within the mechanism, and also the legal entities registered in the territory of the International financial center "Astana" are listed for the account of means of the republican budget by authorized body on entrepreneurship in the financial agency into the special account of the financial agency on the basis of the agreement on money transfer signed between them.
The means provided for subsidizing at the expense of means of the local budget within Rules of subsidizing are listed by the regional coordinator in the financial agency on the basis of the agreement on subsidizing and (or) guaranteeing signed between them.
The standard form of the agreement on subsidizing and (or) guaranteeing affirms authorized body on entrepreneurship.
Financing of measure of support in subsidizing form on the projects approved and signed within 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 DKB-2020 Program) / the State program of the support and business development "The road map of business-2025" approved by the order of the Government of the Republic of Kazakhstan of December 24, 2019 No. 968 (further – the DKB-2025 Program) / the national project / mechanism, is performed at the expense of means of the republican and local budgets selected within the DKB-2025/mechanism/national Program of the project.
The means from republican and/or local budgets and/or National fund of the Republic of Kazakhstan allocated for subsidizing and not used within program implementation of "DKB-2025"/national of the project/mechanism can be used on subsidizing and guaranteeing projects within the Program of the DKB-2025/national DKB-2020/program of the project/mechanism.
Also subsidizing of rate of remuneration on the credits is performed within the funds allocated from National fund of the Republic of Kazakhstan.
7. Financial measures of support are represented to entrepreneurs/subjects of industrial and innovative activities - residents of the Republic of Kazakhstan, newly created with participation of entrepreneurs of state members of the Eurasian Economic Union and realizing projects in the territory of the Republic of Kazakhstan, and also in the border territories of the Republic of Kazakhstan in which there are resource capacity and requirement of creation of the companies with joint participation of residents of the Russian Federation and the Republic of Belarus.
8. Regional coordinators in case of plan development of development of areas, cities of republican value and the capital will consider provisions of these rules of subsidizing.
9. To the entrepreneur/subject of industrial and innovative activities support in type of subsidizing of part of rate of remuneration on the credits / can be given to leasing transactions on the following directions within these rules of subsidizing:
1) support of entrepreneurs/subjects of industrial and innovative activities;
2) regional financing of subjects of small private and medium private business;
3) subsidizing of subjects of private entrepreneurship within the mechanism.
9-1. The financial agency for the purposes of forming of the general complex annual analytical report of efficiency of the national project no later than July of the year following reporting directs results of monitoring of implementation of the national project / mechanism regarding subsidizing of part of rate of remuneration on credits/leasing / to Islamic financing to authorized body.
10. The credits / leasing transactions within these rules of subsidizing are not subject to subsidizing:
In which 1) creditor are the state institutes of development;
2) remuneration rate on which it was reduced the price at the expense of budgetary funds, except for the credits / leasing transactions of banks / leasing companies which rate of remuneration was reduced the price within implementation of these rules of subsidizing;
3) directed to the redemption of shares, shares of the organizations, and also companies as property complex;
4) in the form of the overdraft;
5) on returnable, secondary or to subleasing;
6) directed to activities of pawnshops, the microfinancial, factoring institutions and leasing companies.
11. Cannot be participants within implementation of these rules of subsidizing:
1) the entrepreneurs performing release of excisable goods / products, except for the projects realized within the mechanism, and also projects, providing release of motor vehicles and release of the alcohol-containing products of medical appointment (except balms) registered according to the legislation of the Republic of Kazakhstan as medicine;
2) the entrepreneurs who are going to implement the project in the mining industry and development of pits, except for projects on development gravel and sandpits;
3) entrepreneurs/subjects of industrial and innovative activities, fifty and more percent of shares (share in the authorized capital) which directly or indirectly belong to the state, national managing holding, national holding, the national company (except for social business corporation, and also the entrepreneurs founded within the agreement on public-private partnership);
4) entrepreneurs whose pattern of ownership is drawn up as private institution;
5) the projects of entrepreneurs realized on the types of activity specified in item 4 of article 24 of the Code (action of this subitem extends to the relations which arose since April 20, 2020), except for types of activity for which the exception is provided in the subitem 1) of Item 11 within the mechanism.
11-1. Minimum requirements to participating leasing companies, in particular:
1) the equity of leasing company shall be not lower than 1 (one) one billion tenge as of the end of the last calendar day of month from the moment of the address and until the end of subsidizing limit term;
2) implementation of the main activities at least 1 (one) year, preceding application.
12. Participants of the "Support of Entrepreneurs/subjects of Industrial and Innovative Activities" direction are the entrepreneurs/subjects of industrial and innovative activities who are implementing and (or) going to implement own and effective projects in priority sectors of economy without place of registration of the entrepreneur according to the list according to appendix 1 to these rules of subsidizing. The projects realized in settlements including in mono - and the small cities, rural settlements, except for the cities of republican value / the regional centers, are performed without industry restrictions taking into account the place of realization and place of registration of the entrepreneur.
At the same time in settlements, including in mono - and the small cities, rural settlements, except for the cities of republican value / the regional centers, subsidizing of rate of remuneration on the credits for replenishment of current assets in the field of trading activity on the amount no more than 100 (hundred) million tenges for one entrepreneur is allowed.
For the projects realized in the cities of Zhezkazgan and Konayev according to requests till December 31, 2023 conditions of subsidizing of rate of remuneration on credits/agreements of financial leasing of the entrepreneurs realizing projects in settlements, including in mono - and the small cities, rural settlements extend.
The credit / the leasing transaction of the entrepreneur are issued in national currency.
13. Participants of the "Support of Entrepreneurs/subjects of Industrial and Innovative Activities" direction are also the entrepreneurs/subjects of industrial and innovative activities who are implementing and (or) going to implement "green" projects according to the classification (taxonomy) of "green" projects developed by authorized body in the field of environmental protection and approved by the order of the Government of the Republic of Kazakhstan according to the ecological legislation of the Republic of Kazakhstan.
14. Subsidizing of part of rate of remuneration is performed on the new credits / agreements of financial leasing issued for implementation of new effective investment projects, and also the projects directed to upgrade, production expansion, replenishment of current assets and franchizing.
New effective investment projects, and also the projects directed to upgrade, expansion of production and franchizing are understood as the projects of entrepreneurs providing obligatory increase in payable taxes (corporate income tax / the individual income tax) for 10% after 2 (two) financial years from the date of the decision of the financial agency.
The entrepreneur also confirms growth of the salary fund with jobs preservation or increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments, for 10% after 2 (two) financial years from the date of the decision of the financial agency.
On the credits of subjects of entrepreneurship directed to replenishment of current assets, and also the refinancing of the current obligations, requirements provided in the second and third parts of this Item do not extend.
Subsidizing of part of rate of remuneration is performed also on the new credits issued on implementation of "green" projects and providing achievement by the implementable project of threshold value (with threshold criterion on split of "green" taxonomy) after 2 (two) financial years from the date of the conclusion of the agreement of subsidizing (prolongation of completion date of this criterion is performed based on the decision of the financial agency in the presence of the objective reasons determined by external assessment).
Subsidizing of part of rate of remuneration is performed under agreements of the financial leasing directed to acquisition of the equipment for marking of goods.
15. Subsidizing of part of rate of remuneration under credits/agreements of financial leasing of banks / leasing companies is also performed under the credits/agreements of financial leasing issued for projects implementation within the agreement on public-private partnership without industry restrictions, except for:
1) projects of the entrepreneurs/subjects of industrial and innovative activities implemented on the types of activity specified in item 4 of article 24 of the Code (action of this subitem extends to the relations which arose since April 20, 2020);
2) activities of pawnshops, microfinancial, factoring institutions and leasing companies.
Subsidizing of part of rate of remuneration also extends to the credits of banks issued for implementation of "green" projects within the agreement on public-private partnership.
16. Also are subject to subsidizing:
1) the new credits / agreements of financial leasing, including the credits issued on implementation of "green" projects, also credits/agreement of financial leasing, which are earlier issued by banks / leasing companies during 12 (twelve) months to introduction of the project to the financial agency;
2) the credits / leasing transactions which were earlier not getting the state support within these rules of subsidizing, directed to refinancing of credits/agreements of financial leasing, earlier issued by banks/bank of development / leasing companies and credit partnerships, financial institutions during 2 (two) years (term is estimated from date of issue of the first credit / leasing) before introduction of the project to the financial agency and corresponding to the criteria specified in these rules of subsidizing.
The projects without industry restrictions which are approved/issued earlier within are also allowed to subsidizing:
The joint action plan of the Government of the Republic of Kazakhstan and National Bank of the Republic of Kazakhstan on ensuring financing of projects of the small and medium entrepreneurship in processing industry approved by the order of the Government of the Republic of Kazakhstan of April 14, 2014 No. 354;
The joint action plan of the Government of the Republic of Kazakhstan and National Bank of the Republic of Kazakhstan on ensuring financing of subjects of the entrepreneurship in processing industry approved by the order of the Government of the Republic of Kazakhstan of December 5, 2014 No. 1276;
The joint action plan of the Government of the Republic of Kazakhstan and National Bank of the Republic of Kazakhstan on ensuring financing of subjects of the entrepreneurship in processing industry approved by the order of the Government of the Republic of Kazakhstan of March 11, 2015 No. 124;
The state program of development of productive employment and mass entrepreneurship for 2017 - 2021 of Enbek approved by the order of the Government of the Republic of Kazakhstan of November 13, 2018 No. 746;
dot regional programs.
At the same time earlier approved/issued credits of banks which are under sanctions on projects within the above-stated programs more than 2 (two) years are subject to refinancing.
The petition of bank for carrying out refinancing of loans on the conditions specified in paragraphs the second and eighth this subitem is accepted by the financial agency till October 1, 2022 (inclusive);
3) the credits issued (issued) on replenishment of current assets if crediting is performed within acquisition and (or) upgrade of fixed assets and (or) expansion of production, but no more than 30% of credit amount or the credit for the amount no more than 500 (five hundred) million tenges.
4) the credits directed to 100% replenishment of current assets with nominal rate of remuneration of 8% per annum from which 6% are paid by the entrepreneur and the difference is subsidized with the state within the Program of preferential crediting of subjects of small and medium entrepreneurship approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 19, 2020 No. 39;
5) the credits for replenishment of current assets issued on renewable basis (the condition of possibility of renewal of the credit for replenishment of current assets is specified in the decision of the financial agency);
6) the credits to 500 (five hundred) million tenges for one entrepreneur which 100% are directed to replenishment of current assets (except for carrying out calculations for payment of the current payments on servicing of the credits or agreements of leasing and except for other purposes which are not connected with implementation by the entrepreneur of the main activities);
7) the credits of development bank recommended till January 1, 2022 by State commission concerning upgrade of economy of the Republic of Kazakhstan on the terms of earlier approved State program of the support and business development "The road map of business-2025" approved by the order of the Government of the Republic of Kazakhstan of December 24, 2019 No. 968;
8) the credits issued for implementation of "green" projects for replenishment of current assets if crediting is performed within acquisition and (or) upgrade of fixed assets and (or) expansion of production, but no more than 20% of credit amount.
17. The amount of the credit/agreement of financial leasing is established taking into account all operating credits / leasing transactions on which subsidizing of part of rate of remuneration is performed. At the same time the amount of credit/leasing cannot exceed 3 (three) billion tenges for one entrepreneur, including for implementation of "green" projects. If credit / leasing for implementation of one business project is provided to several affiliated entrepreneurs, this amount cannot exceed 3 (three) billion tenges.
Set of two and more projects corresponding to the following 2 (two) criteria at the same time is considered one business project:
the project is implemented as one object (is the single building / construction / object inseparably linked physically or technology);
the project is implemented within one subclass of OKED.
The amount of the credit/agreement of financial leasing taking into account all operating credits / leasing transactions on projects in settlements, including in mono - and the small cities, rural settlements, except for the cities of republican value / the regional centers, cannot exceed 1, 5 billion tenges for one entrepreneur. For the entrepreneurs realizing projects in settlements, including in mono - the small cities and rural settlements, within priority sectors of economy, according to appendix 1 to these rules of subsidizing, the amount of the credit/agreement of financial leasing cannot exceed 3 (three) billion tenges.
The credits of entrepreneurs in case of partial/complete early repayment of principal debt on the subsidized credit within the limits set by these rules of subsidizing are allowed to subsidizing.
At the same time on the projects approved till January 27, 2018 with credit limit to 4, in 5 billion tenges subsidizing is performed on earlier approved conditions of the DKB-2020 Program.
18. Subsidizing term under credits/agreements of financial leasing, including the credits issued on implementation of "green" projects, directed to investments constitutes 5 (five) years without the right of prolongation of term of subsidizing. The term of subsidizing of the credits allocated for replenishment of current assets constitutes 3 (three) years without the right of prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the moment of signing of the first agreement of subsidizing by the financial agency.
19. By provision of delay and increase in loan term at the granted delay on payment of nominal rate of remuneration under credits/agreements of financial leasing based on the order and/or other document and/or the act of authorized body on regulation, control and supervision of the financial market and financial institutions the subsidizing term provided in these rules of subsidizing is prolonged for the term of the granted delay.
20. Subsidizing term when refinancing the current obligations of the entrepreneur is established from the moment of signing of the first agreement of subsidizing by the financial agency in the bank creditor / leasing company from which refinancing was performed.
21. The projects of entrepreneurs which got approval of the financial agency on the instrument of subsidizing can be refinanced in other banks / leasing companies on earlier approved subsidizing conditions.
22. Subsidizing is performed under credits/agreements of financial leasing, and also the entrepreneur pays for the credits issued for implementation of "green" projects with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 13,75 of % is subsidized with the state and. The projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.
For the entrepreneurs performing the activities in settlements, including in mono - and the small cities, rural settlements, except for the cities of republican value / the regional centers, subsidizing is performed under credits/agreements of financial leasing with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 14,75 of % is subsidized with the state and is paid by the entrepreneur. The projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.
For the entrepreneurs performing the activities according to the list of industries of processing industry, according to appendix 1-1 to these rules of subsidizing, and realizing projects in the city of Shymkent, the Turkestan, Mangystau, Atyrau, Aktyubinsk, West Kazakhstan, Kyzylorda, Jambyl regions, including in the regional centers of the specified regions, subsidizing is performed under credits/agreements of financial leasing with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 14,75 of % is subsidized with the state and is paid by the entrepreneur. The projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.
In case of reduction of the base rate established by National Bank of the Republic of Kazakhstan for December 6, 2022, the part of rate of remuneration subsidized by the state decreases on equivalent change to the reduced value of base rate of National Bank of the Republic of Kazakhstan.
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