ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 16, 2008 No. 754

About approval of Rules of subsidizing of rate of remuneration (interest) on leasing of agricultural machinery, the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of subsidizing of rate of remuneration (interest) on leasing of agricultural machinery, the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex.

2. This resolution becomes effective from the date of signing.

Approved by the order of the Government of the Republic of Kazakhstan of August 16, 2008 No. 754

Rules of subsidizing of rate of remuneration (interest) on leasing of agricultural machinery, the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex

1. General provisions

1. These rules of subsidizing of rate of remuneration (interest) (further - Rules) determine procedure for provision from means of the republican budget of subsidies for compensation of part of costs for interest payment for leasing of the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex for a period of up to 7 years by leasing of agricultural machinery, the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex are developed according to the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories".

2. Subsidizing is performed at the expense of the funds allocated from reserve of the Government of the Republic of Kazakhstan, provided in the republican budget for 2008 on urgent costs on subsidizing of rate of remuneration (interest) on leasing of agricultural machinery, the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex (daleesubsidirovaniye) in the amount of 534740327 (five hundred thirty four million seven hundred forty thousand three hundred twenty seven) tenges (further - means).

3. In these rules the following concepts and determinations are used:

1) the lessor - the leasing companies having the license for implementation of separate types of banking activities, banks of the second level;

2) the leasing recipient - subjects of agro-industrial complex;

3) administrator of subsidizing - Ministry of Agriculture of the Republic of Kazakhstan;

4) the special equipment - the equipment and machines for acceptance, transportations, storage and preprocessing of agricultural products, cultivation of vegetables, mechanization of livestock poultry-farming farms, procurement of forages, dozhdevalny and irrigating machines, greenhouses;

5) authorized body - state body on regulation and supervision of the financial market.

4. The amount of subsidizing constitutes no more than 80 percent of rate of remuneration (interest) on leasing of agricultural machinery, the overworking equipment and the special equipment provided by leasing companies and banks of the second level to subjects of agro-industrial complex.

The amount of subsidizing of rate of remuneration on leasing of agricultural machinery, the overworking equipment and/or special equipment which is subject to payment by the administrator of subsidizing is calculated for the period, equal to twelve months from the date of the actual transfer of the equipment by the lessor to the leasing recipient.

2. Procedure for subsidizing of rates of remuneration (interest) for lessors

5. For carrying out selection of lessors, the administrator of subsidizing:

1) is placed by the announcement of the place and date of selection of lessors in republican printing editions and on Internet resource of the administrator of subsidizing;

2) forms the commission as a part of the chairman, members and the secretary of the commission, at the same time the quantitative structure of the commission shall be odd and at least five people. The secretary of the commission is not member of the commission.

6. The administrator of subsidizing performs selection of lessors by the following criteria:

1) the level of rate of remuneration (interest) on leasing issued by leasing recipients shall not exceed 18 (eighteen) annual interest rates;

2) availability of the built application file of leasing recipients including the short description of the leasing recipient, the project, contracts of financial leasing between the lessor and leasing recipients;

3) observance by lessors of the prudential standard rates established by authorized body within three last months preceding date of selection;

4) availability of the corresponding license;

5) lack of tax debt, debt on compulsory pension contributions and social assignments.

7. Lessors represent the built application file of leasing recipients, proceeding from financial condition of the potential leasing recipient, capability to fulfill it the obligations to the lessor, payback of the project on leasing, and also priority of development of the following subindustries of agro-industrial complex:

1) production of meat, fowl and eggs, conversion of meat;

2) production and conversion of milk;

3) cultivation and conversion of fruits, berries, vegetables, production of fruit and vegetable canned food, baby food;

4) cultivation, conversion of oil-bearing crops and production of vegetable oil;

5) cultivation, conversion of grain crops;

6) sugar production.

8. The lessors wishing to take part in selection submit the request of the established form, according to appendix 1 to these rules.

9. As its integral part are applied to the request:

1) notarially attested copy of the license confirming the right of the lessor to provision of separate types of banking services;

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

3) the original of the reference of the established form of the relevant tax authority of absence or availability of tax debt and debt on compulsory pension contributions in the accumulation pension funds no more than in three months preceding date of opening of envelopes with bids, except as specified when the payment due date is delayed according to the legislation of the Republic of Kazakhstan signed by the first head or person having right to sign with seal of this tax authority;

4) the description of the leasing recipient in form according to appendix 2 to these rules;

5) the short project description in form according to appendix 3 to these rules;

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