ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 5, 2012 No. 744

About determination of conditions and procedures for granting of warranty obligations and guarantees on loans, the issued subjects of industrial and innovative activities

According to Item 2 of article 15 of the Law of the Republic of Kazakhstan of January 9, 2012 "About the state support of industrial and innovative activities" the Government of the Republic of Kazakhstan DECIDES:

1. Determine conditions and procedures for granting of warranty obligations and guarantees on loans, the issued subjects of industrial and innovative activities, according to appendix to this resolution.

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

Appendix

to the Order of the Government of the Republic of Kazakhstan of June 5, 2012 No. 744

Conditions and procedures for granting of warranty obligations and guarantees on loans, the issued subjects of industrial and innovative activities

1. Conditions of provision of warranty obligations and guarantees

1. Conditions of provision of warranty obligations and guarantees on the loans performed by the financial agent determined by the Government of the Republic of Kazakhstan on loans of banks of the second level, the issued subjects of industrial and innovative activities (further - subjects) for implementation of industrial and innovative projects (daleeproyekta), are:

1) for physical person - the copy of the identity document, the copy of the document on registration as the individual entrepreneur;

for the legal entity - the copy of the certificate * or certificates of state registration (re-registration).

Note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity;

2) the financing share within the estimate of the project the subject and (or) other third parties, is performed by money;

3) risks on project implementation, are covered in full, including provided;

4) warranty obligations and guarantees, are provided for the term of no more than twenty years;

5) the certificate of lack (availability) of tax debt, debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments issued by tax authority;

2. Procedures for granting of warranty obligations and guarantees

2. The subject addresses the financial agent for provision of warranty obligations and guarantees on loans of banks of the second level by filing of application in a free form and submits the following documents:

1) for physical person - the copy of the identity document, the copy of the document on registration as the individual entrepreneur; for the legal entity - the copy of the certificate on state registration;

2) copies of constituent documents for legal entities;

3) business plan of the project;

4) the balance sheet of the legal entity as of December 31 of the last accounting year preceding application;

5) the certificate of lack (availability) of tax debt, debt on compulsory pension contributions and social assignments issued by tax authority;

6) copies of right certifying documents, including about availability or absence encumbrance, on the personal or real estate acting in the form of pledge;

7) the project description, directed to upgrade (modernization) and expansion of the operating productions, both forecast economic and financial effect of its realization;

8) the documents confirming participation of the subject and (or) other third parties in financing of the project with money.

3. Provision of warranty obligations and guarantees is performed by the financial agent by results of consideration and the analysis of the documents submitted by the subject.

4. The financial agent within two months from the date of receipt of the statement considers the documents of the subject submitted according to Item of 2 these conditions and procedures for granting of warranty obligations and guarantees on loans, the issued subjects (further - conditions and mechanisms).

5. By results of consideration of the relevant documents the financial agent within three working days makes the decision on provision or refusal in provision of warranty obligations and guarantees.

6. In case of decision making about refusal in provision of warranty obligations and guarantees, the financial agent within three working days to the subject the adequate motivated notice goes.

7. The decision on refusal in provision of warranty obligations and guarantees is accepted on the following bases:

1) discrepancy of the subject to the conditions determined according to Item of 1 these conditions and mechanisms;

2) non-presentation by the subject of the necessary documents determined by Item of 2 these conditions and mechanisms.

8. In case of decision making about provision of warranty obligations and guarantees, within five working days the financial agent signs the contract on provision of warranty obligations and guarantees with the subject.

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