of May 17, 2022 No. 312
About approval of Rules of the conclusion, modification, cancellation of the agreement on investment obligations and standard form of the agreement on investment obligations
According to Item 5 of article 295-3 of the Entrepreneurial code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:
1. Approve enclosed:
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of May 17, 2022 No. 312
1. These rules of the conclusion, modification, cancellation of the agreement on investment obligations (further – Rules) are developed according to Item 5 of article 295-3 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Entrepreneurial code) and determine procedure for the conclusion, modification, cancellation of the agreement on investment obligations.
2. In these rules the following terms and determinations are used:
1) the applicant – the investor who is the legal entity of the Republic of Kazakhstan, corresponding at the same time to conditions, stipulated in Item 2 articles 295-3 of the Entrepreneurial code;
2) the statement – the request for agreement signature about investment obligations;
3) the agreement on investment obligations (further – the agreement) – the agreement signed between the Government of the Republic of Kazakhstan and the legal entity, providing obligations of the legal entity on financing of the capitalized subsequent expenses and (or) expenses on acquisition, production, construction of the new fixed assets, and also on financing of other costs increasing the cost of the fixed assets according to International Financial Reporting Standards and (or) requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting within eight years including year of application for the conclusion of such agreement, is total in the amount of at least semidesyatipyata of the millionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for January 1 of year in which the application for its conclusion is submitted;
4) solvency – sources of financing of means (own or borrowed funds) with indication of the name and document number confirming availability of means;
5) the investment project – complex of the actions providing investments into creation new, expansion and (or) updating of the operating productions including the productions created, expanded and (or) updated in the project progress of public-private partnership, including the concessionary project.
3. For agreement signature the applicant addresses to authorized body on investments with appendix of the following documents in the state and Russian languages on paper:
1) the statement on agreement signature in form according to appendix 1 to these rules;
2) copy of the charter of the applicant;
3) certificate of state registration (re-registration) of the applicant;
4) copies of the documents confirming solvency of the applicant;
5) the business plan developed according to requirements to creation of the business plan of the investment project according to appendix 2 to these rules;
6) the conclusion of complex non-departmental examination of construction projects certified by the signature of the head, according to the procedure, determined by the legislation of the Republic of Kazakhstan.
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