ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of May 26, 2023 No. 85

About approval of Rules of transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another

According to Item 2 of article 9 of the Law of the Republic of Kazakhstan "About state-owned property" PRIKAZYVAYU:

1. Approve the enclosed Rules of transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another.

2. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its placement on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of national economy 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 national economy of the Republic of Kazakhstan of May 26, 2023 No. 85

Rules of transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another

Chapter 1. General provisions

1. These rules of transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another (further - Rules) are developed according to Item 2 of article 9 of the Law of the Republic of Kazakhstan "About state-owned property" and determine procedure for transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another.

2. In these rules the following concepts are used:

1) municipal legal entities of local self-government - the municipal state companies and municipal public institutions which property is in municipal city property of district value, the village, settlement, rural district (municipal property of local self-government);

2) municipal legal entities - the municipal state companies and municipal public institutions which property is in municipal property;

3) authorized body on management of state-owned property (further - authorized body on state-owned property) - the central executive body performing within the competence management in the sphere of management of republican property, realization of the rights of the state to republican property, privatization and the state monitoring of property in the industries of economy having strategic importance and strategic objects, except for the property assigned to National Bank of the Republic of Kazakhstan;

4) the state legal entities - the state companies and public institutions.

Chapter 2. Procedure for transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another

3. Transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another is performed in the following procedure:

1) republican legal entities as the property complexes, shares of joint-stock companies and share in the authorized capital of limited liability partnerships which are in republican property are transferred to the municipal possession of area (the city of republican value, the capital) according to the decision of authorized body on state-owned property based on the petition signed by the akim of area (the city of republican value, the capital) or person authorized by it, or replacement his face;

2) the property of republican legal entities is transferred to the municipal possession based on the petition signed by the akim of area (the city of republican value, the capital) or person authorized by it, or the replacing his face according to the decision of authorized body on the state-owned property approved with the authorized body of the corresponding industry exercising control of the republican legal entity on which balance there is transferred property;

the property assigned to National Bank of the Republic of Kazakhstan is transferred to the municipal possession based on the petition signed by the akim of area (the city of republican value, the capital) or person authorized by it, or the replacing his face according to the decision of National Bank of the Republic of Kazakhstan;

3) municipal legal entities as the property complexes, shares of joint-stock companies and share in the authorized capital of limited liability partnerships which are in municipal property are transferred to the republican possession based on the resolution of akimat of area (the city of republican value, the capital) and the decision of authorized body on state-owned property about acceptance in republican property;

4) the property of municipal legal entities is transferred to the republican possession based on the resolution of akimat of area (the city of the republican value, the capital) approved with authorized body on state-owned property and the authorized body of the corresponding industry exercising control of the republican legal entity to which fixed assets the property is transferred;

the property of municipal legal entities is transferred to the republican possession on balance of National Bank of the Republic of Kazakhstan or republican public institutions and the companies subordinated to it based on the resolution of akimat of area (the city of republican value, the capital) in coordination with National Bank of the Republic of Kazakhstan;

5) municipal legal entities of local self-government as the property complexes which are in municipal property are transferred to the republican possession based on the solution of the office of the akim of the city of district value, the village, the settlement, the rural district in coordination with meeting of local community and the akim of the area (the city of regional value), and decisions of authorized body on state-owned property about acceptance in republican property;

6) the property of municipal legal entities of local self-government is transferred to the republican possession based on the solution of the office of the akim of the city of district value, the village, the settlement, the rural district approved with territorial subdivision of authorized body on state-owned property and the authorized body of the corresponding industry exercising control of the republican legal entity to which fixed assets the property is transferred.

4. After decision making about transfer of state-owned property from one type of state-owned property in another, in time no more than 30 (thirty) calendar days the delivery-acceptance certificate of property (the transfer act) is drawn up.

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