of July 16, 2021 No. 232
About approval of Rules of the conclusion of the agreement of pledge of bank deposit and standard form of the agreement of pledge of bank deposit of hydrocarbons and production of uranium
According to Item 7 of article 57 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" PRIKAZYVAYU:
1. Approve:
1) Rules of the conclusion of the agreement of pledge of bank deposit according to appendix 1 to this order;
2) the Standard form of the agreement of pledge of the bank deposit provided as ensuring obligation fulfillment on mitigation of consequences of investigation of hydrocarbons according to appendix 2 to this order;
3) the Standard form of the agreement of pledge of the bank deposit provided as ensuring obligation fulfillment on mitigation of consequences of hydrocarbon production according to appendix 3 to this order;
4) the Standard form of the agreement of pledge of the bank deposit provided as ensuring obligation fulfillment on mitigation of consequences of production of uranium according to appendix 4 to this order;
2. To provide to department of subsurface use of the Department of Energy 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 Department of Energy of the Republic of Kazakhstan after its official publication;
3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Minister of Energy of the Republic of Kazakhstan
N. Nogayev
It is approved Ministry of Finance of the Republic of Kazakhstan |
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It is approved Agency of the Republic of Kazakhstan on regulation and development of the financial market |
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It is approved Ministry of Ecology, geology and natural resources of the Republic of Kazakhstan |
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Appendix 1
to the Order of the Minister of Energy of the Republic of Kazakhstan of July 16, 2021 No. 232
1. These rules of the conclusion of the agreement of pledge of bank deposit (further - Rules) are developed according to Item 7 of article 57 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and determine procedure for the conclusion of the agreement of pledge of bank deposit.
2. Pledge of bank deposit as method of ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use in the field of hydrocarbons and (or) production of uranium is provided for benefit of the Republic of Kazakhstan on behalf of competent authority in the field of hydrocarbons and (or) production of the uranium (further - competent authority) which is the contract party on subsurface use in the field of hydrocarbons and (or) production of uranium and (or) granted the license for subsurface use in the field of hydrocarbons and (or) production of uranium.
3. According to Items 1, 2 and 3 articles 57 of the Code, in case of non-execution by the subsoil user of obligations on mitigation of consequences of subsurface use the Republic of Kazakhstan owing to pledge of bank deposit has advantage over other creditors of the subsoil user in receipt of satisfaction from the amount of the pledged bank deposit.
Only the bank deposit placed in bank of the second level of the Republic of Kazakhstan can be pledge subject according to article 57 of the Code or the National operator has mails.
The contribution is made in tenge or in foreign currency to which the official rate of national currency determined by National Bank of the Republic of Kazakhstan according to the subitem 26) of article 8 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan" on the date of making (conclusion) of the agreement of pledge of bank deposit is established.
4. As the pledger on pledge of bank deposit the subsoil user under the relevant contract for subsurface use in the field of hydrocarbons and (or) production of uranium acts (further - the pledger).
5. As the pawnbroker on pledge of bank deposit the Republic of Kazakhstan on behalf of the competent authority which is the contract party on subsurface use in the field of hydrocarbons and (or) production of uranium and (or) granted the license for subsurface use in the field of hydrocarbons and (or) production of uranium acts (further - the pawnbroker).
6. Pledge of bank deposit arises owing to the agreement of pledge of the bank deposit (further – the agreement of pledge) concluded between the pledger, the pawnbroker and bank of the second level of the Republic of Kazakhstan or the National operator of mail in whom the bank deposit is placed (further – bank).
7. The agreement of pledge is signed in the Kazakh and Russian languages according to Item 7 of article 57 of the Code.
8. The statement for the conclusion of the agreement of the pledge represented as ensuring obligation fulfillment on mitigation of consequences of transactions on subsurface use in the field of hydrocarbons and (or) production of uranium (further - the application) is submitted to the pawnbroker by the pledger in written any form.
The following documents are put to the statement:
1) the data enclosed to the application according to appendix 1 to these rules. At the same time, in line of 17 data enclosed to the application provided in this subitem, the relevant information in the case provided in the note of the called data enclosed to the application is specified;
2) three copies in the Kazakh and Russian languages of the draft agreement of pledge corresponding to the standard form of the agreement of pledge approved by competent authority according to Item 7 of article 57 of the Code signed by the pledger and bank (further - the draft agreement of pledge);
3) the statement about remaining balance and movement of money according to the bank account opened by the pledger on the bank deposit provided as a deposit issued not earlier than the day preceding day of filing of application (the original or the copy);
4) confirmatory powers of persons acting on behalf of the pledger and bank in case of pledge agreement signature (the original or the copy).
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