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

of December 3, 2014 No. 124

About approval of Rules of implementation of accounting of agreements on equity in housing construction

According to subitem 5-2) of Article 3-1 the Law of the Republic of Kazakhstan "About equity in housing construction" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of accounting of agreements on 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.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 3, 2014 No. 124

Rules of implementation of accounting of agreements on equity in housing construction

General provisions

1. These rules of implementation of accounting of agreements on equity in housing construction (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 7, 2006 "About equity in housing construction" and establish procedure of accounting of agreements on equity in housing construction.

2. Accounting of agreements on equity in housing construction (further - the Agreement), the made changes in it represents the systematized, periodically filled up and specified list of information about the builder, project company and the shareholder.

3. The project companies within five working days from the date of the conclusion of the Agreement or the supplementary agreement provide in local executive bodies of areas (the city of republican value, the capital) documents for implementation of accounting of the Agreement with indication of the areas of shares and their location in the residential building under construction.

4. Implementation of accounting includes:

registration of the Agreement by introduction of logging of accounting of agreements on equity in housing construction (further - the Magazine) in form according to appendix 1 to this order;

information servicing of the representative and other bodies, and also shareholders;

accounting updating, including Agreement exception of accounting with indication of date and the reasons of exception.

The magazine is numbered, proshnurovyvatsya and sealed local executive body of areas (the city of republican value, the capital).

Procedure of accounting of agreements on equity in housing construction

5. For implementation of accounting of agreements by the project company the documents including containing the following data are represented to local executive bodies of areas (the city of republican value, the capital):

1) data on the name of the project company, legal address, phone, bank details;

2) surname, name, middle name (in the presence) first head;

3) name of construction object;

4) the number of apartments in this construction object;

5) construction license or its stage;

6) the license at the first stage on the organization of construction of residential buildings due to fund raising of physical persons and legal entities for equity in housing construction.

6. Registration of the Agreement is performed within five working days from the date of submission of documents in local executive bodies of areas (the city of republican value, the capital).

7. After entering of data into the Magazine local executive bodies of areas (the city of republican value, the capital) within ten working days issue to the project company the corresponding statement about accounting record of the Agreement.

8. The project company represents to the shareholder and agent bank the statement about accounting record of the Agreement within ten working days after accounting in local executive body of area (the city of republican value, the capital).

9. When accounting agreements, the made changes in it, and also right to claim concession under the Agreement check regarding availability of earlier registered third party rights to share is made. In the presence of such rights in accounting of the Agreement refuses.

10. The local executive body of area (the city of republican value, the capital) on monthly basis represents to authorized body for construction and housing and communal services information on the number of the registered Agreements.

11. After signing of the deed of conveyance to the shareholder of its share in the built residential building the local executive body of area (the city of republican value, the capital) makes logging of registration of agreements on equity in housing construction about removal from accounting of the Agreement.

12. Information on removal of Agreements from accounting is also provided in authorized body for construction and housing and communal services within ten working days.

14. In case of unilateral refusal of agreement performance in authorized body for construction and housing and communal services by the party initiator the application for accounting of unilateral refusal of agreement performance is submitted. At the same time the party initiator in writing notifies on unilateral refusal of agreement performance other parties within ten calendar days from the date of filing of application.

15. The parties within ten calendar days after obtaining from the party initiator of the written notice of unilateral refusal of agreement performance by mutual consent in writing inform local executive body of area (the city of republican value, the capital) with indication of lack of claims to each other for the subsequent removal of the Agreement from accounting.

In case of refusal the parties from agreement cancelation by mutual consent, its termination is made according to the civil legislation.

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