Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2019 No. 1060

About some measures of the state support of private entrepreneurship

(as amended on 28-06-2021)

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:

1) Rules of subsidizing of part of rate of remuneration within the State program of support and business development "The road map of business-2025";

2) Rules of subsidizing of part of markup on goods and parts of the lease payment constituting the income of Islamic banks when financing of subjects of entrepreneurship by Islamic banks within the State program of support and business development "The road map of business-2025";

3) Rules of subsidizing of rate of coupon remuneration on the bonds issued by subjects of entrepreneurship within the State program of support and business development "The road map of business-2025";

4) Rules of guaranteeing on the credits within the State program of support and business development "The road map of business-2025";

5) Rules of provision of state grants for realization of the new business ideas within the State program of support and business development "The road map of business-2025";

6) Rules of leading of production (industrial) infrastructure within the State program of support and business development "The road map of business-2025";

7) 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 State program of support and business development "The road map of business – 2025";

8) Rules of provision of non-financial measures of support of entrepreneurship for the State program of support and business development "The road map of business – 2025".

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

Rules of subsidizing of part of rate of remuneration within the State program of support and business development "The road map of business-2025"

Chapter 1. General provisions

1. These rules of subsidizing of part of rate of remuneration within the State program of support and business development "The road map of business-2025" (further - Rules of subsidizing) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 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 agreements of financial leasing of leasing companies to subjects of entrepreneurship.

2. Subsidizing of part of rate of remuneration is performed:

on the credits of subjects of private entrepreneurship issued by banks of the second level within the Mechanism of the crediting 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. Subsidizing is used for compensation of part of the expenses paid by entrepreneurs as remuneration under credits/agreements of financial leasing and performed via effective mechanisms of interaction of the state with business.

4. Services of the financial agency are paid by authorized body at the expense of means of the republican budget.

5. Till January 1, 2022 the means provided for subsidizing are listed according to the Program and the Mechanism at the expense of means of local and/or republican budgets by the regional coordinator of the Program in the financial agency on the basis of the agreement on subsidizing and guaranteeing within the Program signed between them (the standard form of the agreement on subsidizing and guaranteeing within the Program affirms authorized body on entrepreneurship), before complete development.

Since January 1, 2022 the means provided for subsidizing are listed according to the Program and 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 opened in National Bank of the Republic of Kazakhstan 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 are listed according to the Program by the regional coordinator of the Program in the financial agency on the basis of the agreement on subsidizing and guaranteeing within the Program signed between them (the standard form of the agreement on subsidizing and guaranteeing within the Program affirms authorized body on entrepreneurship).

5-1. Financing of measure of support in subsidizing form within the Program/mechanism is performed at the expense of means of republican and/or local budgets, including financing of undertaken obligations 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 State program of "DKB-2020") / the Mechanism.

The funds from the republican budget allocated for subsidizing and not used within the Program/mechanism can be used on subsidizing and guaranteeing projects within the Program/mechanism.

Subsidizing of rate of remuneration on the credits for replenishment of current assets to operating plants is performed within the funds allocated from National fund of the Republic of Kazakhstan, republican and local budgets.

6. The projects approved before approval of the Program within earlier approved State program of "DKB-2020" and also the agreements of subsidizing signed after January 1, 2020 act on earlier approved conditions before complete execution by entrepreneurs of the obligations on them.

In case of change of any of the current financing terms, the project shall correspond to the operating Program conditions.

6-1. The projects approved till August 26, 2020 within earlier approved State program of "DKB-2020" and the approved State program of "DKB-2025" act on earlier approved conditions before complete execution by entrepreneurs of the obligations on them.

6-2. The projects approved till July 1, 2021 within earlier approved State program of "DKB-2025" act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.

Chapter 2. Terms and determinations

7. In these rules of subsidizing the following terms and determinations 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;

1-1) special finance companies - the legal entity created according to the Law of the Republic of Kazakhstan of February 20, 2006 "About project financing and securitization" for implementation of transactions of project financing and securitization for benefit of which rights to claim are yielded;

2) the local coordinator of the Program - the structural division of the city/area determined by the akim of area performing consulting escort of entrepreneurs on preparation and collection of the documents necessary for participation in the Program;

3) the regional coordinator of the Program - determined by the akim of area (the capitals, the cities of republican value) the structural division of local executive body performing consulting escort of entrepreneurs on preparation and collection of the documents necessary for participation in the Program;

4) bank - the bank of the second level participating in the Program/mechanism;

5) bank - the payment agent - the authorized bank of leasing company which is approved with the financial agency and performs functions on maintaining the special account of the leasing company intended for transfer and write-off of subsidies on projects;

6) 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;

7) the agreement of bank loan - the written agreement signed between bank and the entrepreneur under the terms of whom the bank grants the loan to the entrepreneur (the agreement on opening of credit line also belongs to the agreement of bank loan);

7-1) 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) the single accumulation pension fund (further - ENPF) - the legal entity performing activities for attraction of pension contributions and retirement benefits;

9) development bank - Development Bank of Kazakhstan joint-stock company and (or) its affiliirovanny leasing company;

9-1) certain subjects of entrepreneurship – the subjects of big business performing activities in industries of processing industry according to appendix 2 to the Program and productions of food (OKED 10), productions of soap and the washing, cleaning and polishing means (OKED 20.41), productions of paper products of economic and household and sanitary and hygienic appointment (OKED 17.22. 0), freight transportation by road transport (OKED 49.41), warehouse economy and auxiliary transport activities (OKED 52), tourism (OKED 55.1, OKED 55.2, OKED 55.3.), leases and managements of own or leasable real estate (OKED 68.20);

10) 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);

11) 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);

12) the entrepreneur - the subject of small and (or) medium business, certain subjects of entrepreneurship performing the activities within the Program 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";

13) 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;

14) the financial agency - joint-stock company "Fund of development of entrepreneurship "Lady";

15) 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;

16) leasing company - the leasing company participating in the Program;

17) 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;

18) 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 of October 31, 2015 "About public-private partnership";

19) 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;

19-1) securitization - financing under concession of monetary claim by bond issue, provided with the allocated assets;

20) 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;

21) 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 the Program 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;

22) 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;

23) authorized body - authorized body on entrepreneurship;

24) 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;

25) 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;

26) No. 225 is excluded according to the Order of the Government of the Republic of Kazakhstan of 20.04.2020

Chapter 3.

No. 491 is excluded according to the Order of the Government of the Republic of Kazakhstan of 30.07.2020

Chapter 4. Conditions of provision of subsidies within the second direction of the "Industry Support of Entrepreneurs/subjects of Industrial and Innovative Activities" Program

30. Participants of the second direction of the Program are the effective entrepreneurs / subjects of industrial and innovative activities who are implementing and (or) going to implement own and effective projects without industry restrictions, except for:

1) projects in the field of trading activity (except replenishment of current assets);

2) 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 Entrepreneurial code of the Republic of Kazakhstan (action of this subitem extends to the relations which arose since April 20, 2020);

3) activities of microfinancial institutions and leasing companies.

31. Credits/agreements of financial leasing are not subject to subsidizing:

In which 1) creditor are the state institutes of development, except for development bank, and also the credits / leasing transactions, the remuneration rate according to which was reduced the price at the expense of budgetary funds, except for the credits / leasing transactions of banks/bank of development / leasing companies which rate of remuneration was reduced the price within the Program;

2) directed to the redemption of shares, shares of the organizations, and also companies as property complex;

3) in the form of the overdraft;

4) on returnable, secondary or to subleasing;

5) on the projects realized by entrepreneurs/subjects of industrial and innovative activities for the following types of activity: construction of residential buildings, including individual apartment houses (OKED 41.20.1); construction of stationary shopping facilities of category 1 (OKED 41.20.3) for Nour-Sultan's cities, Almaty; purchase and sale of apartment and apartment houses (mansions) (OKED 68.10.1); purchase and sale of the other real estate (OKED 68.10.2), except for purchases and sales of the other real estate: showrooms, storage facilities; lease and management of own real estate (OKED 68.20.1), except for certain subjects of entrepreneurship, and also leasing and management of own real estate: non-residential factory buildings (rooms); showrooms, conference rooms, storage facilities and storage areas, including with own railroad side tracks, assigned customs warehouses, with reservoirs on storage of liquids (oil products) for needs of bulk distribution lines and gas-distribution systems, the parcels of land, roofs of production rooms for the purpose of placement of technology resources; lease (sublease) and operation of the leasable real estate (OKED 68.20.2), except for certain subjects of entrepreneurship, and also leasable real estate: non-residential factory buildings (rooms), showrooms, conference rooms, storage facilities and storage areas, including with own railroad side tracks, assigned customs warehouses, with reservoirs on storage of liquids (oil products), the parcels of land, roofs of production rooms for the purpose of placement of technology resources; lease and leasing of cars (OKED 77.1), these restrictions do not concern leasing and leasing of cars of domestic manufacturers;

6) directed to activities of microfinancial institutions and leasing companies.

32. 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.

Subsidizing of rate of remuneration is performed on the new credits of development bank issued for implementation of new effective investment projects, and also the projects directed to upgrade, expansion of production and franchizing, including to compensation of earlier incured costs of the entrepreneur which financing source the target short-term loan was.

New effective investment projects, and also the projects directed to upgrade, production expansion, replenishment of current assets and franchizing are understood as the projects of entrepreneurs including which got the state support during the period from 2017 to 2019 within the first and second direction of the State program "DKB-2020" providing preserving/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 or growth in volumes of the salary fund or growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) or increase in amount of 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. At the same time on the projects of entrepreneurs which got the state support during the period from 2017 to 2019 inclusive on which execution of criteria of efficiency is not reached, but the project is implemented (the entrepreneur is not in stage of bankruptcy/liquidation/rehabilitation, for 2 (two) there are no tax statements with zero indicators on corporate income tax / to the individual income tax) and target use is confirmed in full, it is necessary to consider these projects corresponding to Program conditions.

The credits of subjects of small and medium entrepreneurship issued (issued) by banks at the expense of funds of the single accumulation pension fund for replenishment of current assets and (or) refinancing of the current obligations within the projects realized without industry restrictions, except for are also subject to subsidizing:

1) projects in the field of trading activity (except replenishment of current assets);

2) 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 Entrepreneurial code of the Republic of Kazakhstan.

Subsidizing of rate of remuneration on the credits of banks including issued at the expense of means of the single accumulation pension fund, directed to replenishment of current assets to operating plants is also performed within the limits allocated from the budget. On the credits of subjects of entrepreneurship directed to replenishment of current assets, and also the refinancing of the current obligations, requirements provided in part three of this Item do not extend.

33. Subsidizing of part of rate of remuneration under credits/agreements of financial leasing of banks/bank of development / 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 in the field of trading activity (except replenishment of current assets);

2) 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 Entrepreneurial code of the Republic of Kazakhstan (action of this subitem extends to the relations which arose since April 20, 2020);

3) activities of microfinancial institutions and leasing companies.

34. The credits/agreement of financial leasing which are earlier issued by banks/bank of development / leasing companies during 12 (twelve) months to introduction of the project to the financial agency also belong to the new credits / agreements of financial leasing.

35. To subsidizing the credits / leasing transactions directed to refinancing of credits/agreements of financial leasing, earlier issued by banks/bank of development / leasing companies and credit partnerships, financial institutions during 8 (eight) years (term is estimated from date of issue of the first credit / leasing) before introduction of the project are also subject to the financial agency and the Programs corresponding to criteria.

36. Subsidizing can be performed on the credits issued (issued) on replenishment of current assets if crediting is performed within acquisition and (or) upgrades of fixed assets and (or) expansion of production, but no more than 30% of credit amount, or means of the single accumulation pension fund or the credit for the amount no more than 500 (five hundred) million tenges.

At the same time subsidizing of rate of remuneration on the credits for replenishment of current assets in the field of trading activity is performed on the amount no more than 100 (hundred) million tenges for one entrepreneur.

On means of 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, subsidizing it is performed on the credits directed to 100% of 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. At the same time, credit amount no more than 500 million tenges, and in the field of trading activity no more than 100 million tenges. The term of subsidizing constitutes no more loan term.

37. Subsidizing on the credit for replenishment of the current assets issued on renewable basis is allowed. The condition of possibility of renewal of the credit for replenishment of current assets is specified in the decision of the financial agency.

38. 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) are allowed to subsidizing of rate of remuneration.

39. The entrepreneur on the credits over 180 (hundred eighty) million tenges provides participation in project implementation of own means (money, personal/real estate), including the property of the third parties provided in providing at the level of not lower than 10% of total cost of project implementation. Conditions of participation of the entrepreneur in the project own means (cash means / personal/real estate) are reflected in the decision of the financial agency.

40. In case of provision of ensuring obligation fulfillment on the credit by the personal/real estate which is directly not participating in project implementation, this property is not considered as own participation in the project.

41. At the same time on the credits which amount does not exceed 180 (hundred eighty) million tenges own participation in project implementation is not required.

42. The amount of the credit/agreement of financial leasing taking into account all operating credits under which subsidizing of part of rate of remuneration is performed cannot exceed 7 (seven) billion tenges for one entrepreneur and is calculated without debt on the credit/agreement of financial leasing of the persons/companies affiliated with it. On the projects financed by development bank, the maximum amount of the subsidized credit is not limited. Under agreements of financial leasing of development bank with the financing amount over 5 (five) billion tenges subsidizing of rate of remuneration is performed according to the recommendation of State commission concerning upgrade of economy of the Republic of Kazakhstan.

Total portfolio of credits/agreements of financial leasing of certain subjects of entrepreneurship on whom subsidizing of part of rate of remuneration is performed cannot exceed 100 (hundred) 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 the Program 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 Program conditions.

43. Subsidizing term under the credits/agreements of financial leasing 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.

On the projects approved till January 27, 2018 with subsidizing term 3 (three) years prolongation for additional 2 (two) years (aggregate term of subsidizing - no more than 5 (five) years is possible from the moment of signing of the first agreement of subsidizing on the project) on the conditions operating for date of approval of prolongation by the financial agency. At the same time, according to current agreements of subsidizing of the entrepreneurs performing production of socially important food products, the decision of the financial agency on prolongation/not prolongation for additional 2 (two) years is accepted without categorization of the entrepreneur for date of its address.

Prolongation of the duration of the agreement of subsidizing after 3 (three) years is performed based on the petition of bank/bank of the development / leasing company given for consideration to the financial agency in 60 (sixty) calendar days prior to subsidizing expiration of the contract only in the presence of means for subsidizing from the budget at the time of approval by the financial agency.

The decision of the financial agency on prolongation/not prolongation of the current agreement of subsidizing is accepted in 45 (forty five) calendar days prior to subsidizing expiration of the contract. At the same time the financial agency provides signing of the supplementary agreement to the agreement of subsidizing by bank/bank of development / the leasing company / entrepreneur before expiration of the current agreement of subsidizing, in case of adoption by the financial agency of the positive decision on prolongation of the current agreement of subsidizing.

By provision of delay on payment of nominal rate of remuneration on the credits 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.

44. When subsidizing the credit at the expense of the funds allocated from National fund of the Republic of Kazakhstan, subsidizing term on the credits constitutes no more than 18 (eighteen) months without 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.

45. 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.

46. The projects of entrepreneurs which got approval of the financial agency on the instrument of subsidizing can be refinanced in other banks / the leasing companies / development bank on earlier approved subsidizing conditions.

47. Subsidizing is performed only under credits/agreements of financial leasing with the nominal rate of remuneration which is not exceeding the base rate of remuneration established by National Bank of the Republic of Kazakhstan and increased by 5 (five) percent points from which 6% are paid by the entrepreneur and difference subsidized with the state.

Limiting calculation of the rate of remuneration which is subject to subsidizing on the credits of banks issued at the expense of means of ENPF, directed to replenishment of current assets is performed on the conditions established by this Item.

48. In case of limiting calculation of rate of remuneration the base rate of remuneration established by National Bank of the Republic of Kazakhstan and operating at the time of the decision of bank / leasing company on the project of the entrepreneur is considered.

49. Subsidizing of rate of remuneration under credits/agreements of financial leasing of development bank is performed with nominal rate of remuneration no more than 15% from which 6% are paid with subject of private entrepreneurship, and the difference is subsidized with the state.

Subsidizing of rate of remuneration under credits/agreements of financial leasing of development bank is performed without restrictions of term of subsidizing, at the same time projects of development bank with subsidizing term are allowed more than 5 (five) years to subsidizing according to the recommendation of State commission concerning upgrade of economy of the Republic of Kazakhstan.

50. Within Programmy bank/bank of development / leasing company do not charge any fees, charges and (or) other payments connected with the credit/conclusion of the agreement of financial leasing, except for:

1) the conditions of the crediting/agreement of financial leasing connected with change initiated by the entrepreneur;

2) the obligations levied for cause of infringement by the entrepreneur under the credit/agreement of financial leasing;

3) connected with carrying out independent assessment of subject of leasing, insurance of subject of leasing, registration of the agreement of pledge and removal of encumbrance;

4) connected with agreement performance of financial leasing (compensation of services of third parties, such as customs clearance, services of registration of subject of leasing by special bodies, services of banks).

51. In case of decision making about subsidizing of the existing credit/agreement of financial leasing by the financial agency, the bank/bank of development / leasing company is compensated to the entrepreneur of the commission, by the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency in the current year.

At the same time data of the commission, charges and/or other payments are subject to compensation to the entrepreneur within 3 (three) months from actual date of signing by all parties of the first agreement of subsidizing.

In case of untimely compensation of development by bank/bank / leasing company to the entrepreneur, the commissions received in the current year, charges and/or other payments, bank/bank of development / leasing company pay to the terms specified in this Item of Rules of subsidizing to the financial agency penalty in the amount of 100 (hundred) MRP.

52. Subsidizing according to construction projects of shopping facilities of modern format, except for Nour-Sultan's cities, is allowed by Almaty, in case of their compliance to the following criteria:

1) with the floor space at least 3 (three) thousand sq.m in the city of Shymkent;

2) with the floor space at least 1 (one) thousand sq.m in areas.

53. The following forms and types of leasing are subject to subsidizing: internal leasing, bank leasing, full leasing and net leasing.

53-1. The credits of banks 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.

Chapter 5.

No. 225 is excluded according to the Order of the Government of the Republic of Kazakhstan of 20.04.2020

Chapter 6. Subsidizing conditions within the Mechanism

73. The projects of subjects of private entrepreneurship conforming to the requirements established by the Mechanism are subject to subsidizing.

74. The new and operating credits / leasing transactions issued (issued) banks/bank developments / leasing companies on investments and replenishment of current assets (including on renewable basis) according to inventories for subsidizing on credits/leasing within projects are subject to subsidizing:

on conversion in agro-industrial complex according to appendix 1 to these rules of subsidizing;

on production in agro-industrial complex according to appendix 2 to these rules of subsidizing;

on processing industry and services according to appendix 3 to these rules of subsidizing.

The operating credits / leasing transactions are understood as the credits / leasing transactions issued by banks/bank of development / leasing companies after entry into force of 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".

Subsidizing of the credit for replenishment of current assets on which the size of current assets does not exceed 50% of credit amount within one project of the borrower is allowed.

This restriction does not extend to financing of projects on production and conversion in agro-industrial complex which is performed at the expense of own means of banks/bank of development / leasing companies and JSC Agrarian Credit Corporation, and also the projects directed to carrying out spring and field works regardless of credit financing source. At the same time, the projects directed to carrying out spring and field works are financed for the term of no more than 1 year.

In case of 100% financing on the purpose of replenishment of current assets according to projects on conversion and production in agro-industrial complex at the expense of own means of banks within the Mechanism the following selection criteria are established:

lack of overdue tax debt at the time of application;

financing on the purpose of carrying out calculations for tax and other obligatory payments, payment of the current payments on servicing of the credits, loans and agreements of leasing is not allowed.

Refinancing from other bank / bank of development / leasing company, and also on purchase of shares is not allowed.

At the same time, subsidizing of syndicated loans of banks with development bank is allowed.

75. On crediting of projects / leasing transactions on processing industry and services, and also production and conversion in agro-industrial complex on the amount over 10 (ten) billion tenges the positive conclusion of the relevant industry central authorized body is necessary.

The subject of private entrepreneurship before receipt of the specified conclusion to bank submits the following documents:

1) the passport of the project approved by the applicant (including information: full name of the applicant; legal address (index, area, city/area, settlement, street, phone); first head (surname, name, middle name (in the presence), position, number of the office/cell phone, e-mail address); number and date of state registration (re-registration) of the applicant; business identification number or individual identification number of the applicant; name of industry, subindustry; core activity (with indication of code of the general qualifier of economic activity); the product range in kind for 3 (three); installed capacity of the applicant (in natural and monetary value); current load of capacities (percent); current depreciation of production equipment (percent); current labor productivity (thousands of tenges/people and thousands of dollars of the USA/people);

2) the business plan of the project approved by the applicant;

3) the schedule of project implementation approved by the applicant.

In case of approval of development by bank/bank / leasing company of the documents specified in this Item they go bank/bank of development / leasing company during 5 (five) working days from the date of decision making of bank/bank of development by the credit commission / leasing company to the financial agency. The decision of the credit commission of bank/bank of development / leasing company goes along with the specified documents.

76. The financial agency within 5 (five) working days considers the documents which arrived from bank/bank of development / leasing company on compliance to Mechanism conditions.

In case of their compliance to conditions of the Mechanism the inquiry is sent to the relevant industry central authorized body for receipt of the industry conclusion.

The industry conclusion is submitted the relevant central authorized state bodies within 10 (ten) working days from the date of receipt of request from the financial agency.

In case of need the central authorized state body requests from the subject of private entrepreneurship additional information / documents.

77. Applications are directed by the financial agency after consideration of projects on production in agro-industrial complex within 5 (five) working days from the date of receipt to working body the letter notification and documents specified in Item 90 of these rules of subsidizing.

78. On projects over 10 (ten) billion tenges on production in agro-industrial complex after receipt of the industry conclusion by the financial agency go to working body the letter notification and documents specified in Item 75 of these rules of subsidizing within 5 (five) working days from the date of receipt of the industry conclusion.

Subsidizing of projects is made according to the order No. 436.

79. According to projects on conversion in agro-industrial complex and processing industry and services the financial agency after consideration of the project within 5 (five) working days makes the decision on subsidizing.

80. On projects over 10 (ten) billion tenges in processing industry and services, and also on conversion in agro-industrial complex the financial agency within 5 (five) working days makes the decision on subsidizing after receipt of the industry conclusion.

81. Subsidizing of projects in processing industry and services is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding 15% per annum from which 6% are paid with subject of private entrepreneurship and difference subsidized with the state.

Subsidizing of projects on conversion in agro-industrial complex is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding 15% per annum from which 5% will be paid with subject of private entrepreneurship, and the difference to be subsidized with the state.

Credit/leasing is issued to the subject of private entrepreneurship in national currency.

Action of this Item extends to the relations which arose since December 11, 2018.

82. Subsidizing term on the credits directed to investments constitutes no more than 10 (ten) years without the right of prolongation of term of subsidizing.

The term of subsidizing of the credits allocated for replenishment of current assets constitutes no more than 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 date of signing of the first agreement of subsidizing by the financial agency.

By provision of delay on payment of nominal rate of remuneration on the credits 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.

Action of this Item extends to the relations which arose since December 11, 2018, except for parts three of this Item.

83. At the same time, the projects realized by subjects of small and medium entrepreneurship in the amount of at least 20% of total amount of the issued credits on the conditions established by the Mechanism are subject to subsidizing.

84. The financial agency provides distribution of the amounts of subsidies in proportion to the funds allocated for projects on conversion in agro-industrial complex, processing industry and to services.

At the same time the financial agency within 5 (five) working days from the date of distribution of the amounts of subsidies in the corresponding directions notifies on it bank / leasing company.

85. The financial agency refuses consideration of the application on subsidizing in case of lack of the distributed funds allocated according to projects on conversion in agro-industrial complex, processing industry and to services.

86. The banks/bank of development / leasing companies do not charge any fees, charges and/or other payments, except for:

1) connected with the changes of terms for crediting initiated by the subject of private entrepreneurship;

2) the obligations levied for cause of infringement by the subject of private entrepreneurship on the credit;

3) connected with carrying out independent assessment of subject of pledge, registration of the agreement of pledge and removal of encumbrance;

4) connected with agreement performance of financial leasing (compensation of services in customs clearance, services of registration of subject of leasing by special bodies);

5) payments on settlement cash services.

87. In case of decision making about subsidizing of the existing credit/agreement of financial leasing by the financial agency, the bank/bank of development / leasing company is compensated to the entrepreneur of the commission, by the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency in the current year.

At the same time data of the commission, charges and/or other payments are subject to compensation to the entrepreneur within 3 (three) months from actual date of signing by all parties of the first agreement of subsidizing.

In case of untimely compensation of development by bank/bank / leasing company to the entrepreneur, the commissions received in the current year, charges and/or other payments, bank/bank of development / leasing company pay to the terms specified in this Item of Rules of subsidizing to the financial agency penalty in the amount of 100 (hundred) MRP.

Chapter 6-1. Conditions of subsidizing of part of rate of remuneration on the credits / to leasing transactions of subjects of small and medium entrepreneurship in the most injured sectors of economy

87-1. To subsidizing remuneration rates on the credits / are subject to leasing transactions of the subjects of small and medium entrepreneurship performing activities in the most injured sectors of economy according to appendix 9 to these rules on which action of this Chapter extends.

87-2. Subsidizing of part of rate of remuneration is performed on the credits / to leasing transactions of banks / leasing companies issued till August 31, 2020 (inclusive) and also concerning the borrowing facilities issued within the credit lines approved till August 31, 2020 (inclusive).

To subsidizing parts of rate of remuneration on the credits / are subject to leasing transactions which were refinanced during the period from March 16, 2020 to March 15, 2021 (inclusive) without rate increase of remuneration and repayment period, but acting as of August 31, 2020.

In case of complete loan repayment till August 31, 2020 (inclusive), subsidizing is not allowed.

Subsidizing of rate of remuneration on the credits / to leasing transactions of subjects of small and medium entrepreneurship in the most injured sectors of economy is performed without prescriptive limit of the issued credit/leasing.

87-3. To subsidizing parts of rate of remuneration on the credits / are not subject to leasing transactions according to which as of March 16, 2020 overdue debt more than 180 days (inclusive) on principal debt and/or the added remuneration is (inclusive) had.

87-4. Subsidizing of part of rate of remuneration is performed on the credits / to leasing transactions of subjects of small and medium entrepreneurship in the amount of, specified in subitems 1) and 2) of this Item, at the same time 6% of nominal rate of remuneration are paid with subject of small and medium entrepreneurship, and the difference is subsidized with the state.

At the same time, the amount of subsidizing of nominal rate of remuneration by the state will constitute:

1) from March 16, 2020 to December 31, 2020 (inclusive) difference between nominal rate of remuneration on the credit and 6 (six) percent, in case of payment by the subject of small and medium entrepreneurship of payments under the credit agreement / to the leasing transaction till December 31, 2020 (inclusive);

2) from January 1, 2021 to March 15, 2021 (inclusive) difference between nominal rate of remuneration on the credit and 6 (six) percent, but no more than 12%.

Since January 1, 2021 (inclusive) till March 15, 2021 (inclusive) the credit agreement / the leasing transaction of the subject of small and medium entrepreneurship, the nominal rate of remuneration on which (which) exceeds 18% is subject to decrease (restructuring) by bank / leasing company to 18%, including on the credit / the leasing transaction, on which, (which) did not perform payment of payments since March 16, 2020.

The nominal rate of remuneration on the credit of the subjects of small and medium entrepreneurship performing activities in the most injured sectors of economy according to the list according to appendix 9-1 to these rules of subsidizing cannot exceed 18% per annum.

87-5. Subsidizing term on the credits / to leasing transactions of subjects of small and medium entrepreneurship in the most injured sectors of economy constitutes 12 months, since March 16, 2020 till March 15, 2021 (inclusive).

In case of the conclusion of the credit agreement / the leasing transaction after March 16, 2020 the term of subsidizing is estimated from the date of the conclusion of the credit agreement / the leasing transaction to March 15, 2021 (inclusive).

To subsidizing remuneration rates on the credits / are also subject to leasing transactions of the subjects of small and medium entrepreneurship performing activities in the most injured sectors of economy according to appendix 9-1 to these rules of subsidizing, since April 1, 2021 till June 30, 2021 (inclusive).

87-6. By provision of delay by bank on payment of principal debt and nominal rate of remuneration on the means credits, provided on subsidizing, are listed by the financial agency in bank and will be used after the end of the period of the granted delay. At the same time, if the amount of the added remuneration for the period of emergency state or restrictive actions, including quarantine, is postponed within the granted delay for the period exceeding on March 15, 2021, then such deferred payments for the granted delay are subject to subsidizing.

87-7. If during the period from March 16, 2020 to March 15, 2021 (inclusive) the borrower made payment of payments on the credit, the subsidizing amount added for this period is enlisted on the current account of the borrower.

In case of loan repayment during the period from September 1, 2020 to October 20, 2020, the amount of subsidized part of rate of remuneration from March 16, 2020 before repayment date of the credit is paid to the borrower based on the letter of bank / leasing company and the payment schedule in electronic format (XLS or XLSX) with indication of the payable amount of subsidies or the list (the register of payments) of subjects of small and medium entrepreneurship and the receivable amount of subsidies and necessary subsidies (place of registration and project implementations, business and identification number, details of the loan agreement) granted for payment.

Action of part one of this Item extends to the relations which arose since March 16, 2020.

87-8. For monthly settlement of the part of nominal rate of remuneration subsidized by the state the interest rate operating the last working day of current month under the credit agreement / to the leasing transaction will be used.

87-9. On the credits / to leasing transactions of subjects of small and medium entrepreneurship in the most injured sectors of economy on OKED according to appendices 9 and 9-1 to these rules of subsidizing, bank / the leasing company till August 1, 2021 (inclusive) represents to the financial agency:

1) the list of subjects of small and medium entrepreneurship for subsidizing of part of rate of remuneration on the credit / to the leasing transaction;

2) the copy of the statement questionnaire in form according to appendix 5 to these rules of subsidizing.

87-10. Projects of subjects of small and medium entrepreneurship in the most injured sectors of economy are considered by authorized body of the financial agency according to the list provided by bank / leasing company, in time no more than 5 (five) working days with receipt date of information with document package.

87-11. On the projects of subjects of small and medium entrepreneurship approved by the financial agency in the most injured sectors of economy bank / the leasing company represents to the financial agency the letter of bank / leasing company and the payment schedule in electronic format (XLS or XLSX) with indication of the payable amount of subsidies or with the list (the register of payments) of subjects of small and medium entrepreneurship with indication of the receivable amount of subsidies and necessary data for payment of subsidies (place of registration and project implementations, business and identification number, details of the loan agreement).

At the same time bank / the leasing company independently calculates the receivable amount of subsidies taking into account regulations of these rules of subsidizing, check of the specified calculations by the financial agency is not performed.

In case of change of the payment schedule on the credits / bank / the leasing company represents to the leasing transaction of the borrower (partial repayment of the credit / the leasing transaction, restructuring and other reasons) to the financial agency the letter of bank / leasing company and the changed payment schedule in electronic format (XLS or XLSX) with indication of the payable amount of subsidies / the changed receivable amount of subsidies.

Money transfer is made by the financial agency according to the schedules to payments/register of payments with indication of the receivable amount of subsidies provided by bank / leasing company into accounts of the financial agency in bank / banke-platezhnom the agent with accounting of the amounts to compensation for previous period (if necessary).

87-12. Money transfer to the financial agency for subsidizing of part of rate of remuneration on the credits / to leasing transactions of subjects of small and medium entrepreneurship in the most injured sectors of economy is performed by authorized body on entrepreneurship according to the agreement on money transfer into the special account of the financial agency opened in National Bank of the Republic of Kazakhstan.

87-13. On the credits / to leasing transactions of subjects of small and medium entrepreneurship in the most injured sectors of economy of the requirement, provided in part three of Item 32 and Item 38 of these rules, do not extend.

Chapter 7. Order of interaction of participants of the Program/mechanism for provision of subsidies

88. The entrepreneur addresses to bank/bank of development / leasing company:

1) on the new credit / agreement of financial leasing with the statement on provision credit/financing in the form approved by internal regulating documents of bank/bank of development / leasing company on the conditions corresponding to the Program/mechanism;

2) under the existing credit/agreement of financial leasing with the statement in form according to appendix 4 to these rules of subsidizing.

89. The bank/bank of development / leasing company carry out assessment of financial and economic efficiency of the project and, in case of the positive decision on provision of credit/leasing or rate reduction of remuneration on credit/leasing to the size established by the Program/mechanism, within 3 (three) working days send the written answer to the entrepreneur with the notification of the financial agency.

90. The entrepreneur with the positive decision of bank/bank of development / leasing company addresses to the financial agency with the statement questionnaire in form according to appendix 5 to these rules of subsidizing to which are applied:

1) the document on state registration (re-registration) of the legal entity (the copy certified by the signature of the entrepreneur and seal (in the presence), the notice of registration of the individual entrepreneur;

2) the business plan of the project of the entrepreneur containing:

terms of ensuring participation in project implementation of own means (money, personal/real estate) and/or property of the third parties under credits/agreements of financial leasing over 180 (hundred eighty) million tenges within the first and second directions of the Program (at the same time such participation of property is provided at the level of not lower than 10% of total cost of project implementation);

stages on preserving/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 or growth in volumes of the salary fund or on reaching growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) or on growth of amount of payable taxes (corporate income tax / the individual income tax) for 10% after 2 (two) financial years from the date of adoption by the financial agency of the decision on subsidizing (the requirement of this paragraph extends to cases of filing of application on participation within the first and second directions of the Program);

on the mechanism:

condition of preserving/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 or achievement of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) for 10% after 3 (three) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued 100% for the investment purposes;

condition of preserving/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 or tax payments or production volume (in terms of money) or achievements of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) for 10% after 2 (two) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the investment purposes and replenishment of current assets in the amount of no more than 50% within one project of the borrower (the companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism);

condition of preserving/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 or tax payments or increase in production volume (in terms of money) or achievements of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) for 10% following the results of 1 (one) from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the purpose of 100% of replenishment of current assets (the companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism);

3) copies of the shipping documents confirming movement of goods from the territory of one state member of the Eurasian Economic Union on the territory of other state member of the Eurasian Economic Union (in case of availability);

4) the documents confirming availability of appropriate level of currency earnings for the last accounting period (in case of filing of application on participation within the third direction of the Program).

The entrepreneur can address the regional/local coordinator of the Program for receipt of consulting support concerning preparation of the request and collection of documents for participation in the Program.

At the time of application by the entrepreneur availability of the certificate of lack of tax debt for the required period is required.

91. In cases of representation of incomplete document package or submission of the documents which are not corresponding to the established forms, the financial agency within 1 (one) working day returns to bank/bank of development / the leasing company / entrepreneur the submitted documents with indication of specific shortcomings according to the submitted documents for completion.

In case of lack of shortcomings on document package, the financial agency for the fourth day after receipt of document package submits the project of the entrepreneur for meeting of authorized body of the financial agency.

92. The procedure for holding meetings, the number of members of authorized body of the financial agency are determined by internal documents of the financial agency.

93. The authorized body of the financial agency considers projects only in case of availability of budgetary funds for subsidizing in the corresponding financial year.

94. The project of the entrepreneur is considered by authorized body of the financial agency within 5 (five) working days from receipt date of information with document package. At the same time, in case of adoption of the positive decision by authorized body of the financial agency, in the decision are specified: the obligation of entrepreneurs on preserving/increase in annual average number of workplaces on the basis of data on the tax declaration, including data on compulsory pension contributions and (or) social assignments or growth in volumes of the salary fund or on achievement of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) or on growth of amount of payable taxes (corporate income tax / the individual income tax) in the budget for 10% after 2 (two) financial years from the date of the decision of authorized body of the financial agency (on projects of entrepreneurs within the second direction of the Program).

95. Within the Mechanism the project is considered by the financial agency within 5 (five) working days from the date of receipt of documents and necessary information.

The decision of the financial agency with the conclusion of the relevant industry central authorized body is submitted within 15 (fifteen) working days from the date of receipt of document package and necessary information from bank in the financial agency.

At the same time in case of adoption of the positive decision by authorized body of the financial agency in the decision obligations of the subject of private entrepreneurship are specified on:

to preserving/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 or on achievement of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) for 10% after 3 (three) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued 100% for the investment purposes;

to preserving/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 or tax payments or production volume (in terms of money) or on achievement of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) for 10% after 2 (two) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the investment purposes and replenishment of current assets in the amount of no more than 50% within one project of the borrower (the companies, not tax-exempt, provide increase in tax payments according to requirements of the Mechanism);

to preserving/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 or tax payments or increase in production volume (in terms of money) or on achievement of growth of the income (the income from realization: the cost of the implemented goods, works, services from the main activities) for 10% following the results of 1 (one) from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the purpose of 100% of replenishment of current assets (the companies, not tax-exempt, provide increase in tax payments according to requirements of the Mechanism).

96. The financial agency within 1 (one) working day after decision making of the financial agency by authorized body draws up, signs the protocol and sends in case of the positive decision - minutes abstract with the cover letter in form according to appendix 6 to these rules of subsidizing, in case of the negative decision - minutes abstract with the cover letter in form, according to appendix 7 to these rules of subsidizing, (further - the corresponding letter) to bank/bank of development / to leasing company and the entrepreneur.

97. Effective period of the positive decision of authorized body of the financial agency constitutes 6 (six) months from acceptance date authorized body of the financial agency.

At the same time on the projects approved till January 27, 2018, the conclusion of agreements of subsidizing is performed on earlier approved conditions before expiration of the protocol of regional coordination council.

Chapter 8. Procedure for submission of the electronic request by the entrepreneur through the web portal of "the electronic government"

98. The entrepreneur submits the electronic application in form, according to appendix 5 to these rules of subsidizing, through the web portal of "the electronic government" to which are applied:

1) the business plan of project implementation of the entrepreneur or the expert opinion on the project (the technical and economic conclusion / the economic conclusion of the corresponding employee of bank / leasing company, in case of lack of these documents other documents opening project essence);

2) the copies of shipping documents confirming movement of goods from the territory of one state member of the Eurasian Economic Union on the territory of other state member of the Eurasian Economic Union (in case of filing of application on participation within the third direction of the Program);

3) the documents confirming appropriate level of currency earnings for the last accounting period (in case of filing of application on participation within the third direction of the Program);

4) the scanned copy of the letter of bank/bank of development / leasing company with the positive decision on possibility of provision of the credit/conclusion of the agreement of financial leasing or rate reduction of remuneration under the credit/agreement of financial leasing of the entrepreneur on the conditions allowing to participate in the Program/mechanism.

99. Data on the subject of small and medium entrepreneurship, including on obligatory payments in the budget are determined by the certificate on the state registration / re-registration of the legal entity and the notice of registration of the individual entrepreneur, category of the subject of entrepreneurship, data on absence of debt automatically by means of the corresponding state information systems through lock of "the electronic government".

100. In case of provision by the entrepreneur not of complete document package the information system refuses registration of its request.

101. In case of approval of the electronic request of the entrepreneur by means of information system, the following actions are performed:

1) the direction of the registered request for consideration in the financial agency on compliance to Program/mechanism conditions;

2) consideration by the financial agency of the arrived request of the entrepreneur.

102. The financial agency considers materials within 5 (five) working days from the date of registration of the request.

103. In case of discrepancy of the entrepreneur and (or) the provided materials to Program/mechanism conditions, the financial agency directs motivated refusal.

104. In case of compliance of the entrepreneur and (or) the provided materials to Program conditions the electronic request with complete document package is sent for consideration to authorized body of the financial agency.

105. Consideration of requests of entrepreneurs by authorized body of the financial agency is performed according to Chapter 7 of these rules of subsidizing.

106. The decision of authorized body of the financial agency is drawn up by the relevant protocol with effective period - 6 (six) months from the date of decision making of authorized body of the financial agency.

107. The financial agency loads by means of information system minutes abstract with the corresponding letter and sends to the entrepreneur to "personal account" in electronic form, certified by the digital signature. At the same time financial agency sends minutes abstract with the cover letter to bank/bank of development / leasing company.

108. Further interaction of participants of the Program/mechanism for provision of subsidies is performed according to Chapter 9 of these rules of subsidizing.

Chapter 9. Subsidizing mechanism

109. After receipt of development by bank/bank / the leasing company from the financial agency of the decision of authorized body of the financial agency and in case of the positive decision on subsidizing between the financial agency, bank/bank of development / leasing company and the entrepreneur signs the agreement of subsidizing according to which the financial agency performs payment of development to bank/bank / leasing company of part of rate of remuneration, according to the repayment schedule to the agreement of subsidizing.

110. Bank/bank of development / the leasing company on the operating credit/leasing within the Program until agreement signature of subsidizing writes off penalties and penalty fee for non-execution by the entrepreneur of obligations on timely repayment of the principal debt and remuneration provided by the agreement of bank loan / the agreement of financial leasing, and under the new / existing credits/agreements of financial leasing bank/bank of development / leasing company assume obligations not to levy and not to establish for the entrepreneur of the commission, the charges and/or other payments connected with credit/leasing, except for:

1) the conditions of the crediting/agreement of financial leasing connected with changes initiated by the entrepreneur;

2) the obligations levied for cause of infringement by the entrepreneur on credit/leasing;

3) connected with carrying out independent assessment of subject of leasing, insurance of subject of leasing, registration of the agreement of pledge and removal of encumbrance;

4) connected with agreement performance of financial leasing (compensation of services of third parties, such as customs clearance, services of registration of subject of leasing by special bodies, services of banks).

111. Banks on the new credits within the Mechanism assume obligations not to levy and not to establish for the subject of private entrepreneurship of the commission, the charges and/or other payments connected with credit/leasing, except for:

1) the terms for crediting connected with changes initiated by the entrepreneur;

2) the obligations levied for cause of infringement by the entrepreneur on the credit;

3) connected with carrying out independent assessment of subject of pledge, registration of the agreement of pledge and removal of encumbrance;

4) payments on settlement cash services.

112. The agreement of subsidizing is signed:

1) bank/bank of development / leasing company:

within 10 (ten) working days from the moment of receipt of the protocol/decision from the financial agency;

2) financial agency:

within 3 (three) working days from the moment of receipt of the agreement of subsidizing from bank/bank of development / leasing company.

The agreement of subsidizing is signed on the paper carrier / electronically, at the same time the electronic form of the agreement of subsidizing is signed by the electronic and digital signature according to the current legislation of the Republic of Kazakhstan.

112-1. In case of lack of means from the budget for subsidizing from the relevant authorized organ / the regional coordinator of the Program the agreement of subsidizing is not signed.

113. If the bank/bank of development / leasing company out of time sign the agreement of subsidizing in the terms established in the subitem 1) of Item 112 of these rules of subsidizing bank/bank of development / leasing company notify the financial agency by the official letter with explanation of the reasons of delay.

114. If terms of the contract of bank loan / agreement of financial leasing and/or the agreement of subsidizing do not correspond to the decision of authorized body of the financial agency, to Program/mechanism conditions, the financial agency does not sign the agreement of subsidizing. At the same time the financial agency within 1 (one) working day notifies bank/bank of development / leasing company and the entrepreneur.

115. In case of elimination of development by bank/bank / leasing company of notes, the financial agency signs the agreement of subsidizing.

116. In case of disagreement of bank/bank of development / leasing company with notes of the financial agency, the financial agency submits the matter for consideration of authorized body of the financial agency for acceptance of the final decision.

117. The agreement of subsidizing becomes effective from the date of signing by his entrepreneur, bank/bank of development / leasing company and the financial agency. At the same time the beginning of term of subsidizing can be established in the agreement of subsidizing no more than in 30 (thirty) calendar days prior to day of agreement signature of subsidizing, but not earlier than day of decision making of the financial agency.

118. The payment date of subsidized part of rate of remuneration is determined by the entrepreneur, bank/bank of development / leasing company independently. If charge of remuneration on credit/leasing begins from the date of, the agreement signature of subsidizing by the entrepreneur, bank/bank of development following behind day / leasing company, during subsidizing day of agreement signature of subsidizing by the entrepreneur, bank/bank of development / leasing company does not join.

119. The financial agency after agreement signature of subsidizing pays subsidies. Subsidies are paid in the presence of means from the corresponding regional coordinator of the Program / authorized body on entrepreneurship.

120. Bank/development bank open for the financial agency the current account for transfer of the amounts of subsidies under the signed agreements of subsidizing.

121. The leasing companies 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 the leasing company will open the current account for transfer of subsidies.

122. The regional coordinator of the Program from the moment of receipt of funds, provided for subsidizing of rate of remuneration, within 10 (ten) working days performs transfer to the financial agency of funds in the amount of 50% of the amount allocated for realization of the first and second directions of the Program in the corresponding financial year for the account specified by the financial agency. The subsequent payments will be made according to requests of the financial agency.

123. Money transfer to the financial agency within the Program/mechanism is performed by authorized body on entrepreneurship according to the agreement on money transfer into the special account of the financial agency opened in National Bank of the Republic of Kazakhstan. At the same time the first payment is listed to the financial agency in the amount of 50% of the amount of the means provided in the corresponding financial year. The subsequent payments are made according to requests of the financial agency on requirement.

124. 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 agreement of subsidizing. Thus after money transfer the financial agency at the same time notifies bank/bank of development / leasing company by the direction of the copy of the document on money transfer by e-mail. In the notification the name of bank/bank of development/, the region, the name of the entrepreneur, the amount of subsidies and the period for which payment is performed are specified to leasing company.

125. 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 of banks/bank of development / banka-platezhnogo 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 bank/bank of development / leasing company about 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 agreements of subsidizing.

In case, corrections at bank/bank of development / 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 agreement of subsidizing.

126. The bank/bank of development / leasing company 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. Bank/bank of development / bank-platezhny the agent cannot charge off from general current remaining balance money on accounts.

127. The entrepreneur makes remuneration payment to bank/bank of development / leasing company regarding not subsidized rate of remuneration according to the repayment schedule according to the agreement of bank loan / the agreement of financial leasing.

128. Upon carrying out payment by the entrepreneur of complete payment on credit/leasing (principal debt and not subsidized part of rate of remuneration) bank/bank of development / bank-platezhny the agent 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 the credit of the entrepreneur.

129. 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/leasing (in the presence of funds on the account of the financial agency for repayment date the entrepreneur of planned payment on credit/leasing), bank/bank of development / leasing company pay to the financial agency penalty in the amount of 100 (hundred) MRP.

130. The bank/bank of development / leasing company do not make write-off of funds from the current account of the financial agency for repayment of subsidized part of rate of remuneration before debt repayment by the entrepreneur and notify by the corresponding letter on it the financial agency within 2 (two) working days in cases:

1) non-executions by the entrepreneur within 3 (three) months in a row of obligations on payment of payments to bank / leasing company;

2) non-executions by the entrepreneur 2 (two) and more time in a row of obligations on introduction of leasing payments to the leasing company / bank.

131. In notification/non-notification cases after 30 (thirty) calendar days from the date of approach of the cases provided by subitems 1) and 2) of Item 130 of these rules of subsidizing bank/bank of development / leasing company pay to the financial agency penalty in the amount of 100 (hundred) MRP.

132. The financial agency on the credit within the Program/mechanism monthly / on leasing quarterly to 25 (twenty five) dates, following reporting, sends to the regional coordinator of the Program / to authorized body the report on subsidizing on form according to appendix 8 to these rules of subsidizing.

133. In accordance with the terms of the agreement of bank loan of the entrepreneur, the protocol of authorized body of the financial agency the financial agency within the Program can perform transfer of subsidies regarding subsidized rate of remuneration on the credit of the entrepreneur on which by bank/bank of development / leasing company are provided the preferential period / delay on payment of not subsidized part of rate of remuneration and/or repayment of principal debt.

At the same time the term of the preferential period / delay is specified in the decision of the financial agency within the Program.

In case of approach of the circumstances worsening situation of the entrepreneur the last have the right to receive the preferential period / delay on payment of not subsidized part of rate of remuneration and/or repayment of principal debt for the credit for term no more than a half of duration of loan term. At the same time, approach of such circumstances shall be confirmed by relevant decisions of the Head of state and the Government of the Republic of Kazakhstan and/or documents of authorized bodies

In case of early repayment / refinancing of the credit / the leasing transaction (principal debt and remuneration) by the entrepreneur during action of the preferential period / delay, to the entrepreneur subsidies from start date of term of subsidizing before date of complete early repayment / refinancing are compensated.

134. In accordance with the terms of the agreement of bank loan of the entrepreneur, the protocol of authorized body of the financial agency the financial agency within the Mechanism can perform transfer of subsidies regarding subsidized rate of remuneration on the credit of the entrepreneur on which by bank/bank of development / leasing company are provided the preferential period / delay on payment of not subsidized part of rate of remuneration and/or repayment of principal debt for the term of no more than a third or half of duration of loan term.

At the same time the term of the preferential period / delay is specified in the decision of the financial agency within the Mechanism.

Action of this Item extends to the relations which arose since December 11, 2018.

In case of early repayment / refinancing of the credit / the leasing transaction (principal debt and remuneration) by the entrepreneur during action of the preferential period / delay, to the entrepreneur subsidies from start date of term of subsidizing before date of complete early repayment / refinancing are compensated.

135. If bank/bank of development / the leasing company changes conditions (the amount of credit/leasing and (or) rate of remuneration, the preferential period / provision of delay on payment of payments, repayment date, change of the name entrepreneur / transfer of debt) the current agreement of bank loan / agreement of financial leasing, bank/bank of development / leasing company send the adequate notice under credits/agreements of financial leasing to the financial agency which in turn within 5 (five) working days submit for consideration of authorized body of the financial agency information on changes of conditions in the operating financing terms with appendix of complete document package. By results of consideration the authorized body of the financial agency makes the decision on opportunity/impossibility of modification of the operating financing terms which is drawn up by the protocol within 2 (two) working days from the date of decision making of authorized body of the financial agency. At the same time the made changes of financing terms accurately are reflected in the protocol/decision.

136. The financial agency during 1 (one) worker after decision making of the financial agency by authorized body sends the copy of minutes abstract to bank/bank of development / leasing company.

137. Bank/bank of development / leasing company notify by the corresponding letter the financial agency which in turn within 7 (seven) working days make the decision on changes in the operating financing terms on other changes of conditions of the current agreement of bank loan / agreement of financial leasing and the letter approve the made changes of financing terms or refuse approval.

At the same time the made changes of financing terms (refusal in approval) accurately are reflected in the letter of approval.

138. In case of the death of the entrepreneur, bank/bank of development / leasing company after receipt of data (information) on the death of the entrepreneur within 2 (two) working days send the adequate notice to the financial agency which submits for consideration of authorized body of the financial agency information on the temporary termination of subsidizing until the introduction in inheritance rights by heir(s). In case of the introduction in inheritance rights heir(s), the question of renewal of subsidizing is submitted for consideration of authorized body of the financial agency.

139. The funds allocated for subsidizing within the Program/mechanism and not used by regional coordinators of the Program / the financial agency in the current financial year can be used in the next financial year on subsidizing of the projects including approved in the next financial year.

Chapter 10. Procedure for suspension, termination and renewal of subsidizing

140. The decision on the termination and renewal of subsidizing is accepted by authorized body of the financial agency based on petitions (notifications) of bank/bank of development / leasing company, and also based on results of monitoring.

141. The financial agency stops subsidizing of the entrepreneur in case of establishment of the following facts based on the notification of bank/bank of development / leasing company and/or based on results of monitoring:

1) inappropriate use of the credit on which subsidizing is performed at the same time subsidizing stops in proportion to the amount of inappropriate use of credit means / leasing transactions;

2) non receipt by the entrepreneur of subject of leasing of the agreement of financial leasing on which subsidizing is performed;

3) discrepancies of the project and/or entrepreneur to conditions of the Program and/or decision of authorized body;

4) non-executions by the entrepreneur within 3 (three) months in a row of obligations on payment of payments to bank according to the payment schedule to the agreement of bank loan / to the agreement of subsidizing, except as specified, arisen during action of extraordinary provision / situation;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.