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The document ceased to be valid since  April 23, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of April 10, 2015 No. 216

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 4, 2014 No. 46

About approval of Rules of transfer of state-owned property to trust management

According to Item 3 of article 75 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 state-owned property to trust management.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

S. Akhmetov

Approved by the Order of the Government of the Republic of Kazakhstan of February 4, 2014 No. 46

Rules of transfer of state-owned property to trust management

1. General provisions

1. These rules are developed according to the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" (further - the Law) and determine procedure for transfer of state-owned property to trust management, including carrying out the tender, the conclusions of contracts with trustees and control of obligation fulfillment by trust management agreements.

Trust management of National fund is regulated by the Budget code of the Republic of Kazakhstan.

Transfer to trust management of water management constructions is performed according to the Rules of provision in lease and trust management of water management constructions approved by the order of the Government of the Republic of Kazakhstan of June 2, 2004 No. 613 "About approval of Rules of provision in lease and trust management of water management constructions".

Provision to small business entities of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population in trust management with the subsequent voluntary conveyance in property is performed according to the order of the Government of the Republic of Kazakhstan of March 30, 2010 No. 243 "About approval of Rules of provision to small business entities in property employment (lease) or trust management of not used objects of state-owned property and the parcels of land occupied by them for the organization of productive activity and development of service industry to the population with the subsequent voluntary conveyance in property".

2. In these rules the following basic concepts are used:

1) governing body - the authorized body of the corresponding industry or local executive body performing rights of possession and uses of the state block of shares (shares in the authorized capital) joint-stock company (limited liability partnership) and/or management of the state legal entities;

2) market value - the project cost in case of decision making about its transfer to trust management with the right of the subsequent redemption determined based on the valuation report of the appraiser according to the legislation of the Republic of Kazakhstan on estimative activities;

3) object - property complex of the state company, securities, shares in the authorized capital, the real estate, money belonging to the state and also other state-owned property acting as subject of the trust management agreement in the cases provided by the Civil code of the Republic of Kazakhstan and other laws of the Republic of Kazakhstan;

4) the founder of trust management of state-owned property - authorized body on state-owned property or local executive body;

5) the trustee - the physical persons and non-state legal entities who signed the trust management agreement with the founder of trust management of state-owned property;

6) the winner of the tender - the participant of the tender which according to the conclusion of the tender commission offered the best terms;

7) the tender - form of the biddings on transfer to trust management of object by which the founder of trust management of state-owned property shall sign on the basis of the original conditions offered to them the contract with that from participants of the tender who will offer the best for the founder of trust management of state-owned property of the term of the contract;

8) the tender commission - the commission created by the founder of trust management of state-owned property for the organization and carrying out the tender for transfer of object to trust management;

9) the participant of the tender - the physical or non-state legal entity allowed to participation in the tender;

10) the agreement - the trust management agreement of object signed between the founder of trust management of state-owned property and the trustee;

11) the asset holder - the state legal entity to whom object is assigned on the right of operational management or economic maintaining.

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