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

of February 20, 2015 No. 115

About approval of Rules of assessment of activities of members of the supervisory board and determination of limit of payment of remuneration to members of the supervisory board

According to Item 5 of article 148 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" PRIKAZYVAYU:

1. Approve the enclosed Rules of assessment of activities of members of the supervisory board and determination of limit of payment of remuneration to members of the supervisory board.

2. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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 supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication.

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

It is approved

Minister of Education and Science of the Republic of Kazakhstan

February 20, 2015

 

________ A. Sarinzhipov

It is approved

Minister of health and social development of the Republic of Kazakhstan

February 20, 2015

 

________ T. Duysenova

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 20, 2015 No. 115

Rules of assessment of activities of members of the supervisory board and determination of limit of payment of remuneration to members of the supervisory board

1. General provisions

1. These rules are developed according to Item 5 of article 148 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" and determine procedure of assessment of activities of members of the supervisory boards in the state companies on the right of economic maintaining in education and health and determinations of limit of payment of remuneration to members of the supervisory board. Assessment of activities of members of the supervisory boards of the state companies on the right of economic maintaining is performed for the purpose of determination of efficiency of activities of members of the supervisory boards and amount of remuneration.

Assessment of activities of members of the supervisory boards is carried out annually within thirty calendar days after approval of the audited financial reporting of the state companies.

2. Procedure of assessment of activities of members of the supervisory board

2. Assessment of activities of the member of the supervisory board is carried out annually following the results of its activities in year in this position by authorized body of the corresponding industry (local executive body). For the purpose of evaluating activities of members of the supervisory board of the state company on the right of economic maintaining the authorized body of the corresponding industry (local executive body) creates the commission (further - the Commission) which structure is created and affirms authorized body of the corresponding industry (local executive body).

3. The commission is collegiate organ.

4. The Commissions the deputy first head of authorized body of the corresponding industry (local executive body) surely is included.

5. Commission chairman is the deputy first head of authorized body of the corresponding industry (local executive body) who directs its activities, presides over commission sessions, plans work and exercises general control of implementation of decisions of the Commission.

6. Preparation of the agenda of the Commission, necessary documents, materials and execution of the minutes of the Commission are performed by the secretary of the Commission who is not member of the commission.

7. The commission chairman makes the decision on determination of date of commission session which is signed by all members of the commission.

8. Commission session is held on condition of presence at least two thirds of total number of members of the commission, including the commission chairman. The member of the supervisory board which assessment of activities is made by the Commission participates in meeting.

9. The secretary in writing reports to members of the commission, the member of the supervisory board about the place and time of carrying out commission session.

10. Following the results of commission session the minutes which are signed by members of the commission and her secretary are constituted.

11. In case of disagreement with the decision of the Commission, any of members of the commission in writing states special opinion which is applied to the minutes of the Commission. In case of absence of the member of the commission, in the minutes of the Commission the reason of its absence and the reference to the document confirming this fact is specified.

12. Assessment of activities of the member of the supervisory board is carried out as follows:

1) consideration of the annual statement of the member of the supervisory board by the Commission;

2) evaluating activities of the member of the supervisory board by members of the commission for ball system;

3) summing up assessment of the member of the supervisory board by the Commission.

13. The annual statement of the member of the supervisory board includes the following information: participation in work of the supervisory board;

the questions prepared by the member of the supervisory board at meeting of the supervisory board of the state company and also the made decisions on them, contribution to activities of the state company of the made decisions of the supervisory board given by the member, and also influence of the realized proposals of the member of the supervisory board on enhancement of activities of the state company;

conclusions and offers on development of the state company.

14. Following the results of hearing of reports and emergence of ambiguities in such reports, members of the commission ask questions to the member of the supervisory board and the head of the state company.

15. For assessment of activities of the member of the supervisory board by members of the commission the following points are used: 0; 0,5; 1; 1,5; 2; 3.

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