ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 7, 2000 No. 1028

Questions of use of objects of municipal property as mortgage providing when crediting small business entities

For the purpose of ensuring broader access of small business entities to credit resources and creation of uniform basis of use of municipal property as mortgage providing obligations of small business entities the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Standard rules of use of objects of municipal property as mortgage providing when crediting small business entities (further - Standard rules).

2. Recommend to akims of areas, cities of Astana and Almaty:

1) to approve Rules of use of objects of municipal property of the corresponding administrative and territorial units as mortgage providing when crediting small business entities based on Standard rules, having provided at the same time procedure for ensuring obligation fulfillment by small business entities on return of the credits obtained under mortgage providing with the above-named objects;

2) to perform inclusion of objects of education and health care in registers of the objects of municipal property intended under mortgage providing after coordination according to the Ministry of Education and Science of the Republic of Kazakhstan and the Agency of the Republic of Kazakhstan for health care.

3. To akims of areas, cities of Astana and Almaty to bring actions for implementation of regional Development programs and support of small business for 1999-2000 into compliance with this resolution.

4. This resolution becomes effective from the date of signing and is subject to publication.

Approved by the order of the Government of the Republic of Kazakhstan of July 7, 2000 No. 1028

Standard rules of use of objects of municipal property as mortgage providing when crediting small business entities

1. General provisions

1. These rules are developed for the purpose of implementation of the State program of development and support of small business in the Republic of Kazakhstan for 1999-2000 approved by the Presidential decree of the Republic of Kazakhstan of December 31, 1998 N 4189, and determine uniform basis of use of objects of municipal property as mortgage providing when crediting small business entities.

2. Mortgage providing municipal property with objects when crediting small business entities is performed by creation of mortgage funds under the existing municipal state companies on the right of economic maintaining (further GP).

3. The decision on transfer of objects of municipal property to mortgage fund is made by akims of the corresponding administrative and territorial unit (further - the Akim).

4. Mortgage providing municipal property with objects when crediting small business entities is performed when carrying out insurance of GP of the entrepreneurial risk.

2. Selection and assessment of mortgage property

5. The akim makes annual inventory of objects of municipal property, and also creates and approves the register of objects of municipal property in which are reflected the name of objects, their location, book value and other these conditions of objects.

6. When forming the register assessment of objects of municipal property regarding compliance to requirements of credit institutions to mortgage providing the credits according to the Presidential decree of the Republic of Kazakhstan which is valid the law of August 31, 1995 "About banks and banking activity", with involvement of specialists of the center of the real estate or independent experts is made.

3. The organization of work on selection of projects of the small business entities credited on account of mortgage providing objects of municipal property

7. The decision of the akim creates the Commission on selection of projects of the small business entities credited on account of mortgage providing municipal property with objects (further - the Commission).

8. The commission is headed by Akim.

9. The secretary of the Commission on position is the Head of GP. The staff of the Commission in number of at least five people on representation of the secretary of the Commission affirms Akim.

10. Functions of working body of the Commission are assigned to GP.

11. The working body of the Commission prepares offers on the agenda of commission session; within the competence provides accomplishment of decisions of the Commission; coordinates work of members of the commission and the experts involved to its activities, performs registration of requests of small business entities.

The refusal in registration of requests of small business entities for participation in selection of projects is not allowed.

12. Implementation of selection on projects of small business entities is carried out in two steps.

On preliminary stage of selection of projects the working body analyzes from the economic, organizational, marketing and financial points of view and submits to credit institutions documents on projects for conducting examination and issue of the conclusion about possibility of their crediting.

The requests which received the positive decisions of credit institutions are submitted by working body for consideration of members of the commission three days before date of meeting, with appendix of the conclusions of credit institutions to them.

13. For implementation of the activities the Commission in the procedure established by the legislation:

attracts to work of experts and consultants from among scientific, authoritative entrepreneurs, representatives of governing bodies and other specialists;

will organize temporary and permanent expert and working groups;

receives required information, analytical, help and statistical materials, and also departmental regulatory legal acts.

14. In case of selection of projects the following requirements are considered:

1) absence of debt of small business entity before the budget;

2) availability of the safe credit folder if that is available;

3) project compliance to the indicative development plan for the region and to the priority directions of development of small business in the region which are annually approved by Akim.

15. The commission considers the requests which received the positive decisions of credit institutions no later than two months from the date of their registration.

16. Commission sessions are convoked as required, but at least once a quarter by the commission chairman.

Decisions of the Commission are made by two thirds of voices by open voting.

Decisions of the Commission are signed by the chairman and the secretary of the Commission.

Members of the commission have the right to special opinion which in case of its expression, shall be stated in writing and attached to the minutes of the Commission.

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