I.O.'S ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2020 No. 159

About approval of Rules of registration by local executive bodies of agreements of participation in housing cooperative

According to subitem 10-18) of article 10-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations", PRIKAZYVAYU:

1. Approve the enclosed Rules of registration by local executive bodies of agreements of participation in housing cooperative.

2. To provide to committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of March 27, 2020 No. 159

Rules of registration by local executive bodies of agreements of participation in housing cooperative

Chapter 1. General provisions

1. These rules of registration by local executive bodies of agreements of participation in housing cooperative (further - Rules) are developed according to subitem 10-18) of article 10-2 of the Law of the Republic of Kazakhstan of April 16, 1997 "About the housing relations" and govern the relations arising in the course of registration by local executive bodies of agreements of participation in housing cooperative.

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

1) the apartment - the certain dwelling which is part of the apartment apartment house, intended and used for permanent residence;

2) housing cooperative - the non-commercial merging of physical persons for the purpose of construction of the apartment apartment house and subsequent distribution between members of housing cooperative of apartments, non-residential premises, parking spaces according to the amount of the brought shares operating before execution of the obligations according to the legislation of the Republic of Kazakhstan;

3) the certificate of payment of share - the document issued by housing cooperative after complete payment by the member of housing cooperative of share and other established fees, which is the basis for registration of the property right of the member of housing cooperative to the apartment;

4) local executive body - executive body of area, city of republican value and the capital, in the sphere of architectural, town-planning and construction activities in the corresponding territory;

5) executive body - board (chairman) of housing cooperative.

Chapter 2. Order of registration of agreements of participation in housing cooperative

3. Registration of agreements of participation in housing cooperative (further - the agreement of participation) is performed by local executive bodies in the sphere of architectural, town-planning and construction activities in the corresponding territory (further - local executive bodies) on representation of board (chairman) of housing cooperative (further - executive body).

4. The executive body according to these rules within 10 (ten) days from the date of the conclusion of agreements of participation submits to local executive bodies the following documents for registration:

1) the statement in form according to appendix 1 to these rules;

2) copy of the certificate of state registration (re-registration) of the legal entity;

3) originals of agreements of participation in housing cooperative (in one copy from each member of housing cooperative);

4) copies of documents of the members of housing cooperative proving the identity;

5) the documents confirming powers of the representative of executive body of housing cooperative (the identity certificate, the protocol of the constituent assembly).

5. Local executive bodies within 5 (five) working days consider the submitted documents specified in item 4 of these rules.

Considerations of the submitted documents registration of agreements of participation, or motivated refusal in registration of agreements of participation on the bases is result, of stipulated in Item 6 these rules.

6. The refusal in registration of agreements of participation is performed in cases:

1) discrepancies of the provided agreements of participation to standard form of the agreement of participation in housing cooperative;

2) incomplete provision of document package of the these rules specified in item 4.

7. The procedure of registration of agreements of participation includes entering of record into the Register of registration of agreements of participation in housing cooperative (further - the Register), in form according to appendix 2 to these rules.

The register is constituted on paper, numbered, proshnurovyvatsya and sealed local executive body.

8. After entering of data into the Register, local the executive body based on the statement of executive body, within 3 (three) working days issues the statement about registration of agreements of participation in form according to appendix 3 to these rules.

9. The executive body after receipt of the statement about registration of agreements of participation in housing cooperative within 3 (three) working days represents it for acquaintance to members of housing cooperative.

10. Registration of supplementary agreements to agreements of participation in housing cooperative is performed similar to procedures of registration of agreements of participation in housing cooperative.

Appendix 1

to Rules of registration by local executive bodies of agreements of participation in housing cooperative

____________________________________________

(the name of local executive body in

to the sphere architectural, town-planning and

construction activities)

from _____________________________________

(full name of the legal entity)

_______________________________________

(Full name (in the presence) representative

executive body building

cooperative)

_______________________________________

(details of the identity document

physical person, contact telephone number, address)

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