of June 5, 2012 No. 745
About determination of conditions and funding mechanisms, including joint financing, industrial and innovative projects, lease financing of subjects of industrial and innovative activities
According to item 4 of article 14 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 funding mechanisms, including joint financing, industrial and innovative projects, lease financing of subjects of industrialnoinnovatsionny activities according to appendix to this resolution.
2. This resolution becomes effective after ten calendar days after the first official publication.
Prime Minister of the Republic of Kazakhstan
K. Masimov
Appendix
to the Order of the Government of the Republic of Kazakhstan of June 5, 2012 No. 745
1. Financing terms, including joint financing, industrial and innovative projects, lease financing of subjects of industrial and innovative activities are:
1) the amount of participation of Development bank of Kazakhstan, and also other national institutes of development determined by the Government of the Republic of Kazakhstan (further - sponsoring organization), in financing of industrial and innovative projects (further - the project) which constitutes no more than 80% (eighty percent) of the amount of the estimate of the project;
2) the financing share within the estimate of the project the subject of industrial and innovative activities (further - the subject) and (or) other third parties is performed by money;
3) risks on project implementation, are covered in full, including provided;
4) financing, including joint financing, is provided for the term of no more than twenty years;
5) technological and technical justification of project decisions.
2. In case of joint financing additional term is availability of the party, except the sponsoring organization performing partial providing the project with necessary financial resources (money).
3. Lease financing is provided to subjects for a period of three up to ten years. Lease financing is performed in national currency.
4. When financing, including joint financing, projects the following mechanisms are used:
1) loan granting to subjects in cash on the terms of the paid nature, urgency and recoverability (loans);
2) financing of the project for the purpose of ensuring preparation and project implementation (interim financing);
3) provision of loan with the right of its converting in shares or shares in the authorized capital of the subject (mezzanine financing);
4) financing of the project under concession of rights to claim which ensuring are the expected systematic money payments for creation and cession of property, and also rendering services and (or) production of goods and (or) performance of works in the course of use of the created property (project financing).
5. The mechanism of lease financing of subjects is providing projects with necessary financial resources (money) in case of which the lessor shall transfer the leasing subject acquired to the possession at the seller and caused by the agreement of leasing to subjects for certain payment and under certain conditions to temporary ownership and use for the term of at least three years for the entrepreneurial purposes.
6. Lease financing is performed by means of provision of net leasing.
7. The subject addresses sponsoring organization for financing, including joint financing, projects, lease financing 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 * 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) 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 the compulsory pension contributions compulsory for professional 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.
8. Financing, including joint financing, projects, lease financing are performed by sponsoring organization by results of consideration and the analysis of the documents submitted by the subject.
9. The sponsoring organization within two months from the date of receipt of the statement considers the documents of the subject submitted according to Item of 7 these conditions and funding mechanisms including joint financing, projects, lease financing of subjects (further - conditions and mechanisms).
10. By results of consideration of the relevant documents the sponsoring organization within three working days makes the decision on provision or refusal in financing provision, including joint financing, projects, lease financing.
11. In case of decision making about refusal in financing provision, including joint financing, projects, lease financing, sponsoring organization within three working days to the subject the adequate motivated notice goes.
12. The decision on refusal in financing, including joint financing, projects, lease financing is accepted on the following bases:
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The document ceased to be valid since July 1, 2022 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of June 16, 2022 No. 401