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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 1, 2011 No. 616

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

(as amended on 15-05-2019)

According to Item 2 of article 9 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

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. Recognize invalid:

1) the order of the Government of the Republic of Kazakhstan of January 22, 2003 No. 81 "About approval of Rules of transfer of state-owned property from one type of state-owned property in another" (SAPP of the Republic of Kazakhstan, 2003, No. 3, the Art. 38);

2) the order of the Government of the Republic of Kazakhstan of September 10, 2010 No. 927 "About entering of amendments into the order of the Government of the Republic of Kazakhstan of January 22, 2003 No. 81" (SAPP of the Republic of Kazakhstan, 2010, No. 51, the Art. 482).

3. This resolution becomes effective after ten calendar days after the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of June 1, 2011 No. 616

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

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 of March 1, 2011 "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. 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 according to the decision of the Government of the Republic of Kazakhstan based on the petition of the akim of area (the city of republican value, the capital);

2) the property of republican legal entities is transferred to the municipal possession based on the petition of the akim of area (the city of republican value, the capital) according to the decision of authorized body on the management of 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 of the akim of area (the city of republican value, the capital) 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 order of the Government of the Republic of Kazakhstan 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 management of the state-owned property and 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 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 the orders of the Government of the Republic of Kazakhstan 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 management of the state-owned property and authorized body of the corresponding industry exercising control of the republican legal entity to which fixed assets the property is transferred.

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

In case of transfer of the state-owned property assigned to the state legal entities from one type of state-owned property in another according to subitems 3) and 5) of Item 2 of these rules, the delivery-acceptance certificate of property (the transfer act) is drawn up no more than 30 calendar days after decision making by the Government of the Republic of Kazakhstan in time.

The delivery-acceptance certificate of property (the transfer act) is signed by authorized officers of the transferring and accepting parties and affirms heads of territorial subdivisions of authorized body on management of state-owned property (the vice-chairman of National Bank of the Republic of Kazakhstan) and the executive body financed from the local budget authorized on the order by municipal property or the office of the akim of the city of district value, the village, the settlement, the rural district.

The delivery-acceptance certificate (the transfer act) is drawn up in four copies in the state and Russian languages, in one copy for each of the parties participating in execution of the delivery-acceptance certificate (the transfer act).

 

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