ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 13, 2011 No. 1045

About approval of Rules and conditions of transfer to payment of shares of national managing holding, national holding, national company of state-owned property, not privatizeable

According to item 4 of article 114 of the Law of the Republic of Kazakhstan "About state-owned property" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules and conditions of transfer to payment of shares of national managing holding, national holding, the national company of state-owned property, not privatizeable.

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

Approved by the Order of the Government of the Republic of Kazakhstan of September 13, 2011 No. 1045

Rules and conditions of transfer to payment of shares of national managing holding, national holding, national company of state-owned property, not privatizeable

1. General provisions

1. These rules and conditions of transfer to payment of shares of national managing holding, national holding, national company of state-owned property, not privatizeable (further – Rules), are developed according to item 4 of article 114 of the Law of the Republic of Kazakhstan "About state-owned property" (further – the Law) and determine procedure and conditions of transfer to payment of shares of national managing holding, national holding, the national company (further – the receiver) state-owned property, not privatizeable (further – property).

1-1. These rules do not extend to transfer of the seaports having the status of the international value to payment of shares of the Receiver.

2. Subjects of the relations regulated by these rules are the Government of the Republic of Kazakhstan (further - the Government), local executive body of the corresponding administrative and territorial unit (further - local executive body), authorized body on management of state-owned property (further - authorized body), or its territorial subdivision, state bodies performing rights of possession and uses of the state block of shares of national managing holdings, national holdings, national companies (further - authorized body of the corresponding industry) and receivers.

2. Procedure and conditions of transfer of state-owned property, not privatizeable, in payment of shares of national managing holding, national holding, national company

3. The state-owned property, not privatizeable, is transferred to payment of shares to receivers.

4. To payment of shares of the receiver it is transferred:

1) property;

2) rights of possession and (or) uses of property.

5. The decision on transfer of republican property, or rights of possession and (or) uses of this property to the receiver is accepted by the Government.

6. The decision on transfer of municipal property, or rights of possession and (or) uses of this property to the receiver is accepted by local executive body.

7. Preparation of the draft decision of the Government about cession of property is performed by authorized body of the corresponding industry in coordination with authorized body.

Preparation of the draft decision of the Government about cession of property to joint-stock company "National welfare fund "Samruk-, Azyna" is performed by authorized body.

8. Preparation of the draft decision of local executive body about cession of property is performed in coordination with territorial subdivision of authorized body.

9. After decision making about cession of property to the receiver according to Items 5 and 6 of these rules, in time no more than thirty calendar days the act of priyemaperedacha of property (the transfer act) signed by authorized officers of the transferring and accepting parties and approved as heads of bodies is drawn up.

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

10. When entering into payment of the placed shares of the receiver of right of possession and (or) use of property, assessment of such right is made proceeding from the amount of payment for use of this property for all term of its use of the receiver.

11. The property is transferred to the possession to the receiver in exceptional cases, in case of conditions when assignment of rights of ownership and (or) use of property involves impossibility of further functioning of the receiver as business entity, proper implementation of financial accounting of property, implementation of the large investment projects connected with need of the further order property and also implementation of other projects having special social, economic value for the state.

12. The property is transferred to the receiver to payment of the authorized capital of the receiver with condition by the subsequent share transfer of the receiver in property of the Republic of Kazakhstan, to the amount of cost of the transferred property.

13. Assignment of rights of ownership and (or) use of property in payment of shares of the receiver is performed by means of the conclusion of the relevant agreement constituted based on the standard agreement between authorized body or local executive body and the receiver according to appendix 1 to these rules. The agreement can be signed in two or more third-party procedure.

14. The organization of assessment works of the transferred property in payment of shares of the receiver is performed by authorized body according to the procedure, established by the Law of the Republic of Kazakhstan "About estimative activities in the Republic of Kazakhstan" and the Law.

Appendix

to Rules and conditions of transfer to payment of shares of national managing holding, national holding, national company of state-owned property, not privatizeable

The standard agreement of assignment of rights of ownership and (or) use in payment of shares of national managing holding, national holding, national company of state-owned property, not privatizeable

___________________________________________________________
  (name of state-owned property, not privatizeable)

_______ No. _____ "___" _______ 20 ____.

___________________________________________________________

(the name of authorized body on state-owned property or

local executive body of the corresponding administrative-territorial

units), hereinafter referred to as "Owner", on behalf of the first head

________________________________________________________________
             (surname, name, middle name (in case of its availability), acting on

________________________________________________________________

basis of the Regulations on Committee of state-owned property and privatization

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