ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 12, 2012 No. 1431

About approval of Rules of transfer of the seaports having the status of the international value in payment of shares of national managing holding, national holding, national company and entering of amendment into the 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 subitem 2-1) of Item 2 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of transfer of the seaports having the status of the international value in payment of shares of national managing holding, national holding, national company.

2. Bring in the 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" (SAPP of the Republic of Kazakhstan, 2011, No. 53, the Art. 759) the following amendment:

Rules and conditions of transfer to payment of shares of national managing holding, national holding, the national company of state-owned property, not privatizeable, approved by the specified resolution to add with Item 1-1 of the following content:

"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.".

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 November 12, 2012 No. 1431

Rules of transfer of the seaports having the status of the international value in payment of shares of national managing holding, national holding, national company

1. General provisions

1. These rules of transfer of the seaports having the status of the international value in payment of shares of national managing holding, national holding, national company are developed according to the Civil code of the Republic of Kazakhstan of December 27, 1994, the laws of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping", of May 13, 2003 "About joint-stock companies", of March 1, 2011 "About state-owned property", other regulatory legal acts of the Republic of Kazakhstan and determine procedure for transfer of the seaports having the status of the international value (further - seaports), in payment of shares of national managing holding, national holding, national company (further - the receiver).

2. The organization of assessment works of property of the seaport transferred to payment of shares of the receiver is performed according to the legislation on estimative activities in the Republic of Kazakhstan.

2. Procedure for transfer of seaports to payment of shares of receivers

3. The owner (owner) introduces in working body of the Commission on strategic objects under the Government of the Republic of Kazakhstan the relevant documents concerning transfer of seaport to payment of shares of the receiver which list and procedure for consideration is determined by the Rules of consideration of addresses of owners (owners) of strategic objects, rehabilitation (competitive) managing directors about encumbrance or alienation of strategic object approved by the order of the Government of the Republic of Kazakhstan of October 28, 2011 No. 1223.

4. In case of the positive conclusion of the Commission on strategic objects under the Government of the Republic of Kazakhstan:

1) in case of transfer of the seaport which is in republican property, the authorized body in the field of merchant shipping within one month from the date of pronouncement of the conclusion of the Commission prepares the draft decision of the Government about transfer of seaport to payment of shares of the receiver who is subject to coordination with authorized body on management of state-owned property (further - authorized body) and other interested bodies;

2) in case of transfer of the seaport which is in municipal property - the local executive body transfers seaport to the republican possession according to the procedure, established by Rules of transfer of the state-owned property assigned to the state legal entities, from one type of state-owned property in another, approved by the order of the Government of the Republic of Kazakhstan of June 1, 2011 No. 616.

The subsequent transfer of seaport to payment of shares of the receiver is performed according to the subitem 1) of this Item.

5. After decision making about transfer of seaport to payment of shares of the receiver in time no more than thirty calendar days the delivery-acceptance certificate of property of seaport (the transfer act) signed by authorized officers of the transferring and host party and approved by heads of authorized body and authorized body in the field of merchant shipping 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 delivery-acceptance certificate (the transfer act).

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