of April 29, 2014 No. 420
About approval of Rules of subsidizing of rates of remuneration on the credits, and also leasing of processing equipment and agricultural machinery
According to the subitem 10) of article 5 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" the Government of the Republic of Kazakhstan DECIDES:
1) the order of the Government of the Republic of Kazakhstan of February 13, 2013 No. 129 "About approval of Rules of subsidizing on compensation of rate of remuneration on the credits (leasing) for support of agricultural industry and modification of some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 16, the Art. 275);
2) Item of 31 changes which are made to some decisions of the Government of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of December 20, 2013 No. 1363 "About modification of some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2013, No. 72, by the Art. 951).
Prime Minister of the Republic of Kazakhstan
Approved by the Order of the Government of the Republic of Kazakhstan of April 29, 2014 No. 420
1. These rules of subsidizing of rates of remuneration on the credits, and also leasing of processing equipment and agricultural machinery (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" and determine procedure and conditions of subsidizing of rates of remuneration on agreements of credit/leasing of subjects of agro-industrial complex (further - the AIC).
2. Main objective of subsidizing of rates of remuneration on the credits, and also leasing of processing equipment and agricultural machinery is increase in availability of financial services to subjects of the AIC.
1) the administrator of the budget program (further - the administrator) - the Ministry of Agriculture of the Republic of Kazakhstan;
2) the commission - the advisory advisory body headed by the deputy manager of the administrator with participation of the representatives interested structural
divisions of the administrator, and also representatives of other state bodies, financial institutions and the interested, industry public organizations;
3) the credit - the amount of money provided by financial institution to the borrower on the terms of the paid nature, urgency, security and recoverability for replenishment of current assets, acquisition of fixed assets and construction;
4) the credit agreement - the agreement signed between financial institution and the borrower under the terms of whom the financial institution provides credit/leasing;
5) financial institutions - the banks of the second level, credit institutions having licenses for the right of banking operations, and also leasing companies and credit partnerships in the AIC sphere;
6) the borrower - the physical, legal entity irrespective of pattern of ownership, including the peasant farm which is engaged in production and/or conversion of agricultural products and also the physical person or legal entity rendering services in procurement, storage, transportation and realization of agricultural products;
7) the serving bank - the bank of the second level authorized by financial institution (for the leasing companies and rural credit partnerships which do not have the right of opening and maintaining business bank accounts) to perform functions on maintaining the special checking account of the financial institution intended for transfer and write-off of subsidies according to credit agreements;
8) leasing - transfer by financial institution of agricultural machinery, processing equipment to temporary ownership and use with the right of the subsequent redemption for the entrepreneurial purposes;
9) operator - the Kazagromarketing joint-stock company attracted as the specialized organization in the sphere of agro-industrial complex based on the agreement on rendering services of the operator in subsidizing of rates of remuneration according to credit agreements;
10) subsidizing - the form of the state financial support of borrowers used for partial reduction in cost of interest rates of remuneration for credit agreements;
11) the agreement of subsidizing - the written agreement signed between the administrator, financial institution and the operator, providing procedure and conditions of money transfer, responsibility of the parties, the list of borrowers according to which the administrator subsidizes part of rate of remuneration according to the credit agreement of the borrower;
12) remuneration rate - the amount of remuneration established by the credit agreement;
13) processing equipment - includes the equipment on production and conversion of agricultural products consisting of the equipment of direct appointment and auxiliary without which participation the complete production cycle cannot be provided.
4. Remuneration rates on the credits in the AIC sphere for replenishment turnover, acquisition of fixed assets and construction, and also obtaining in leasing of processing equipment, agricultural machinery are subject to subsidizing.
Subsidizing of rates of remuneration is performed for the account and within the means provided within the republican budget program 227 "Compensation of rates of remuneration on the credits and leasing issued on support of agricultural industry" the corresponding financial year taking into account earlier signed agreements of subsidizing.
5. Subsidizing of rates of remuneration according to credit agreements is performed on all effective period of agreements, since January 1, 2014 or from the moment of issuance of credit or transfer of subject of leasing, without de novo review by the commission.
According to credit agreements according to which in 2013 subsidizing of rates of remuneration within the budget programs was performed:
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