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The document ceased to be valid since  October 10, 2016 according to Item 3 of the Order of the Minister of national economy of the Republic of Kazakhstan of July 28, 2016 No. 345

ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 3, 2014 No. 123

About approval of the standard agreement about equity in housing construction

According to subitem 5-1) of article 3-1 of the Law of the Republic of Kazakhstan "About equity in housing construction" PRIKAZYVAYU:

1. Approve the enclosed standard agreement about equity in housing construction.

2. To committee on cases of construction, housing and communal services and management of land resources of the Ministry of national economy of the Republic of Kazakhstan (Smagulov B. A.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.

3. To impose control of execution of this order on the Vice-Minister of national economy of the Republic of Kazakhstan Uskenbayev K. A.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

E.Dosayev

The standard agreement about equity in housing construction

_______

""       2014.

_______ "" 2014.

______________________________________________________________________ hereinafter referred to as "Builder",

on behalf of __________________________________________________________________________, acting on the basis of the

_______________________, _______________________________________________________________________ referred to as in

further "The project company", on behalf of ____________________________________________________________________,

the acting on the basis of the ___________________, _____________________________________________________________,

hereinafter referred to as "Shareholder", on behalf of ___________________________________________________________________,

the acting on the basis of the ________________, ________________________________________________________________

the "Agent bank" which is referred to as further, on behalf of ______________________________________________________________,

acting on the basis of the ____________________________________________________________, jointly referred to as in

further "Parties", signed this Standard agreement about equity in housing construction

(further - the Agreement) as follows:

Subject of the agreement

1. Under the Agreement:

1.1. The builder organizes construction of the apartment house (residential building) (further - the residential building) and provides preserving during warranty period of quality of the indicators of construction object specified in project (project and estimate) documentation and the Agreement;

1.2. The project company till _____ builds the residential building which is at the address _____________________ and after receipt of permission to input it puts into operation under the transfer act to the Shareholder its share (residential or non-residential rooms) total area "___";

Calculation of total area of the room is determined according to the state standard rate Construction Norms and Regulations of PK 3.02-43-2007, appendix 1 (obligatory).

1.3. The shareholder signs bank account agreement and places money for the deposit of the Shareholder in the amount of and procedure, caused by Items 4, 5 Agreements, and accepts share in the residential building in the presence of permission to commissioning of the residential building;

1.4. Agent bank:

accepts the deposit of the Shareholder on terms of the contract of the bank account;

after receipt by the Shareholder of share in the residential building transfers money from the deposit of the Shareholder of the Project company, and returns money in the amount of cumulative remuneration to the shareholder;

shall sign the Agreement on right to claim concession after the agreement/translation of debt if the Shareholder and the Project company, the new Shareholder reached consent on change of person in the obligation in the Agreement, including in case of the choice by the new Shareholder of new Agent bank.

2. This Agreement is signed before receipt by the Project company of permission to commissioning of the residential building.

3. The builder, the Project company, the Shareholder and Agent bank has the right to sign the Agreement after obtaining by the Project company in the procedure established by the Law of the Republic of Kazakhstan "About equity in housing construction" at the first stage of the license for activities for the organization of construction of residential buildings due to fund raising of shareholders.

Procedure of payments

4. The shareholder places as equity money for the deposit of the Shareholder on bank account agreement in the amount "____" tenge, calculated on the basis of "____" tenge for 1 square meter of total area of residential or non-residential rooms.

5. The shareholder grants this sum of Agent bank to "__" ____ 20 ___ years as follows:

the initial contribution in the amount of at least 15% of the cost of residential or non-residential rooms according to item 4 of the Agreement during ____ days according to the conclusion of the Agreement;

the Shareholder makes the remained amount by entering of payments into the terms established by the Agreement.

6. If the Shareholder who signed the Agreement pays the Agreement price in full according to the term of the contract, that further change in price for 1 square meter of total area of the residential building is not allowed.

Rights and obligations of the Parties

7. The builder shall organize construction of the residential building in the time provided by the Agreement and to provide preserving during warranty period of quality of the indicators of construction object specified in project (project and estimate) documentation and the Agreement.

8. The project company shall:

build the residential building by investment of own and borrowed funds;

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