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The document ceased to be valid since  January 1, 2016 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of December 29, 2015 No. 1120

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 4, 2014 No. 1175

About approval of Rules of provision of investment subsidy

(as amended of the Order of the Government of the Republic of Kazakhstan of 09.04.2015 No. 210)

According to Item 6 of article 18-5 of the Law of the Republic of Kazakhstan of January 8, 2003 "About investments" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of provision of investment subsidy (further - Rules).

2. This resolution becomes effective after ten calendar days after day of its first official publication, except for Items 13, of 14 and 17 Rules which become effective since January 1, 2015.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of November 4, 2014 No. 1175

Rules of provision of investment subsidy

1. General provisions

1. These rules of provision of investment subsidy (further - Rules) are developed according to Item 6 of article 18-5 of the Law of the Republic of Kazakhstan of January 8, 2003 "About investments" and determine procedure and conditions of provision of investment subsidy.

2. The terms and determinations applied in these rules:

1) investment subsidy - type of the budget subsidy provided as investment preference on non-paid and irretrievable basis to the legal entity of the Republic of Kazakhstan who signed the investment contract for implementation of the investment priority project;

2) the legal entity of the Republic of Kazakhstan - the legal entity, including the legal entity with foreign participation created according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) authorized body on investments (further - authorized body) - the state body determined by the Government of the Republic of Kazakhstan according to the conclusion of investment contracts and control of their execution;

4) the investor - the legal entity performing investments in the Republic of Kazakhstan;

5) the investment priority project - the investment project realized by the newly created legal entity on certain priority types of activity which list is approved by the Government of the Republic of Kazakhstan, and providing implementation of investments in the amount of at least dvukhmillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application for provision of investment preferences (further - the request);

6) the investment contract - the agreement on implementation of the investment project providing implementation of investments and provision of investment preferences.

3. The investment subsidy is provided according to the investment priority project to the newly created legal entity of the Republic of Kazakhstan provided that:

1) receiver is the newly created legal entity of the Republic of Kazakhstan acting for date of application who performs investments in the amount of at least dvukhmillionnokratny size of the monthly settlement indicator established by the law on the republican budget and operating for date of application, except for:

the autonomous organizations of education according to the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on education;

the organizations performing activities in the territory of special economic zone according to the tax legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on special economic zones;

2) the share of the state and (or) the subject of the quasi-public sector as the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan does not exceed twenty five percent.

Participation of the state and (or) the subject of the quasi-public sector as the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan constitutes no more than five years from registration date of the investment contract. Within five years the state and (or) the subject of the quasi-public sector shall leave the list of the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan, and in case of failure to carry out of this condition, application of investment preferences stops before their complete secession of the founder and (or) the member (shareholder) of the legal entity of the Republic of Kazakhstan for the term of no more than one year.

Failure of consideration about secession of the founder and (or) member (shareholder) of the legal entity of the Republic of Kazakhstan during the period of suspension attracts early termination of the investment contract and return of earlier provided investment preferences;

3) for implementation of the investment priority project as sources or guarantees of financing budgetary funds are not raised;

4) the investing activities are performed not within the agreement of concession;

5) there is decision of the Government of the Republic of Kazakhstan on provision of investment subsidy.

4. For the purposes of application of investment subsidy for the investment priority project newly created legal entity of the Republic of Kazakhstan is the legal entity corresponding to the following conditions:

1) state registration of the legal entity is performed not earlier than twelve calendar months about day of application;

2) the legal entity performs the types of activity included in the list of the priority types of activity determined for implementation of investment priority projects;

3) the realization of the investment priority project is enabled only within one investment contract.

2. Procedure for provision of investment subsidy

5. For receipt of investment subsidy the legal entity of the Republic of Kazakhstan sends to authorized body the request in the form established by authorized body.

The request providing investment subsidy is accepted in the presence of the following documents:

1) certificates of state registration (re-registration) of the legal entity;

2) copies of the charter of the legal entity, the witnessed signature of the head and seal of the legal entity (in case of its availability);

3) the business plan of the investment project constituted according to the requirements established by authorized body;

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