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

of February 26, 2015 No. 139

About approval of Rules of development and submission of reports on execution of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state

(as amended on 19-12-2019)

According to subitem 4-3) of article 13 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" PRIKAZYVAYU:

1. Approve:

1) Rules of development and submission of reports on execution of development strategies of national managing holdings, national holdings, national companies which shareholder is the state;

2) Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state.

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 of the Republic of Kazakhstan:

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 information system of law of Ad_let;

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

3. To impose control of execution of this order on the first vice-minister of national economy of the Republic of Kazakhstan.

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

Minister of national economy of the Republic of Kazakhstan

E.Dosayev

It is approved

Minister of Finance of the Republic of Kazakhstan

March 10, 2015

 

______________ B. Sultanov

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 26, 2015 No. 139

Rules of development and submission of reports on execution of development strategies of national managing holdings, national holdings, national companies which shareholder is the state

Chapter 1. General provisions

1. These rules are developed according to subitem 4-3) of article 13 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" and determine procedure for development and submission of reports on execution of development strategies of national managing holdings, national holdings, national companies which shareholder is the state (further - the Report on execution of the development strategy).

2. The basic concepts used in these rules:

1) No. 95 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 19.12.2019;

2) No. 8 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 08.08.2018;

3) No. 8 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 08.08.2018;

4) the company - national managing holdings, national holdings, the national companies which shareholder is the state;

5) key indicator of activities - quantitatively measurable indicator allowing to determine the level of goal achievement of the development strategy;

6) the single operator in the sphere of accounting of state-owned property (further - the Single operator) - the legal entity determined by the decision of the Government of the Republic of Kazakhstan to which tasks on realization of single technical policy in the sphere of the organization and accounting of state-owned property are assigned;

7) the electronic report - the report on execution of the development strategy prepared with use of the software "Single system of submission of reports" (further - the software) and signed by the digital signature of the company issued by national certification center.

Chapter 2. Procedure for development and submission of the report on execution of the development strategy

3. The report on execution of the development strategy is developed and it is represented in the following procedure:

1) the first time - in three years with breakdown by years;

2) the second time - in six years with breakdown by years;

3) third time - in ten years with breakdown for the last four years and following the results of strategy implementation of development in ten years.

4. The report on execution of the development strategy contains the following Sections:

1) achievement of strategic directions of activities, purposes, tasks and key indicators of activities. This Section contains information on the planned and actually reached key indicators of activities for strategic directions of activities, to the purposes, tasks, about the reasons of their not achievement, with provision of the table according to appendix to these rules;

2) the analytical note which is constituted in any form and contains the following data:

information on extent of achievement of the planned key indicators of activities for strategic directions of activities, to the purposes and tasks (in the presence of variations of the actual results from planned it is necessary to open the reasons and factors which exerted impact on resulting effects), impact assessment of factors on development strategy implementation, and also impact assessment of strategy implementation of development on social and economic development of industry, the region;

problems which arose in implementation process of the development strategy, their impact on the purposes and key indicators of activities, and also the taken measures for ensuring timely strategy implementation of development;

conclusions about results of strategy implementation of development for the accounting period by strategic directions of activities, the purposes and tasks;

offers on further strategy implementation of development, its adjustment, increase in efficiency of implementation process of the development strategy, to the solution of the revealed problems on development strategy implementation.

5. Development and approval of the Report on execution of the development strategy is performed after approval of the annual audited financial reporting in the following procedure:

1) within fifteen working days from the date of approval of the annual audited financial reporting the executive body performs project development of the Report on execution of the development strategy with use of the software developed by the Single operator and submits it for consideration of the board of directors of the company.

The board of directors of the company within fifteen working days considers and makes the decision on approval of the draft of the Report on execution of the development strategy or on return to executive body for completion.

In the presence of notes the executive body finishes the draft of the Report on execution of the development strategy in the terms determined by the board of directors of the company, but no more than ten working days from the date of receipt of notes, and repeatedly submits it for consideration of the board of directors of the company;

2) the draft of the Report on execution of the development strategy affirms at meeting of the Board of Directors of the company.

6. The executive body within five working days from the date of receipt of minutes abstract of meeting of the Board of Directors of the company concerning approval of the Report on execution of the development strategy sends the electronic report to the Single operator for inclusion in the Register of state-owned property (further - the Register), having attached the scanned copy of the solution of the board of directors of the company on its approval to the electronic report, and also sends the report in paper form to authorized body of the corresponding industry for carrying out monitoring of strategy implementation of development.

7. Inclusion of the electronic report in the Register by the Single operator is performed within five working days from the date of its revenues with the direction to the e-mail address of the company of the notification on inclusion of the electronic report in the Register.

In the presence of notes of the Single operator to the electronic report the company resolves comments and brings it to repeatedly Single operator within five working days from the date of receipt of notes without repeated removal at consideration of the board of directors of the company.

8. In case of lack of the audited financial reporting approved annual to the thirtieth day of the fourth month following the accounting period, the executive body performs project development of the Report on execution of the development strategy (according to operational data) with use of the software developed by the Single operator and sends the electronic report (according to operational data) to the Single operator no later than the first day of the sixth month following the accounting period for inclusion in the Register.

The electronic report (according to operational data) is submitted for inclusion in the Register according to Item 7 of these rules.

Appendix

to Rules of development and submission of reports on execution of development strategies of national managing holdings, national holdings, national companies which shareholder is the state

Achievement of strategic directions of activities, purposes, tasks and key indicators of activities

The name of strategic direction (further – the UMP)

Purpose

Tasks

The name of key indicator of activities (further - efficiency) *

Unit of measure

Efficiency value

The failure to carry out reasons (accomplishment in incomplete amount)

20 __ year

20_n_ year

plan

fact

Variation %

plan

fact

Variation %

UMP 1

Purpose 1

Task 1
N task

KPD1

















Efficiency of n

















UMP 2

Purpose n

Task 1
N task

EFFICIENCY 1

















Efficiency of n

















Note

* the key indicator of activities becomes attached to the purpose and tasks of the company.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of February 26, 2015 No. 139

Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state

Chapter 1. General provisions

1. These rules are developed according to subitem 4-3) of article 13 of the Law of the Republic of Kazakhstan of March 1, 2011 "About state-owned property" and determine procedure for development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state (further - the Report on execution of the development plan).

2. In these rules the following concepts are used:

1) No. 95 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 19.12.2019;

2) No. 8 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 08.08.2018;

3) No. 8 is excluded according to the Order of the Minister of national economy of the Republic of Kazakhstan of 08.08.2018;

4) the company - national managing holdings, national holdings, the national companies which shareholder is the state;

5) the single operator in the sphere of accounting of state-owned property (further - the Single operator) - the legal entity determined by the decision of the Government of the Republic of Kazakhstan to which tasks on realization of single technical policy in the sphere of the organization and accounting of state-owned property are assigned;

6) the electronic report - the report on execution of the development plan prepared with use of the software "Single system of submission of reports" (further - the software) and signed by the digital signature of the company issued by national certification center.

Chapter 2. Procedure for development and submission of the report on execution of the development plan

3. The report on execution of the development plan is developed and it is represented following the results of every year.

4. Project development of the Report on execution of the development plan, except for joint-stock company "National welfare fund "Samruk-Kazyna" (further - Fund), is performed according to structure of Sections of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state according to appendix 1 to these rules, and also according to forms and the list of indicators of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state according to appendix 2 to these rules.

Forms and the list of indicators of the report on execution of development plans for rather legal entities which shares (share) grant the right to the company to determine decisions, have exclusively informative character and are not subject of approval of the company by the board of directors.

The explanatory note to the report of the development plan contains explanations according to each Section of the report of the development plan and is its integral part.

Project development of the Report on execution of the development plan for Fund is performed within Rules of development, approval, monitoring, assessment of realization, submission of the reports on execution of the development plan for Fund approved by the solution of the Board of directors of Fund.

5. Development and approval of the Report on execution of the development plan is performed after approval of the annual audited financial reporting in the following procedure:

1) within fifteen working days from the date of approval of the annual audited financial reporting the executive body performs project development of the Report on execution of the development plan with use of the software developed by the Single operator and submits it for consideration of the board of directors of the company.

The board of directors of the company within fifteen working days considers and makes the decision on approval of the draft of the Report on execution of the development plan or on return to executive body for completion.

In the presence of notes the executive body finishes the draft of the Report on execution of the development plan in the terms determined by the board of directors of the company, but no more than ten working days from the date of receipt of notes, and repeatedly submits it for consideration of the board of directors of the company;

2) the draft of the Report on execution of the development plan affirms at meeting of the Board of Directors of the company.

6. The executive body within five working days from the date of receipt of minutes abstract of meeting of the Board of Directors of the company concerning approval of the report on execution of the development plan sends the electronic report to the Single operator for inclusion in the Register of state-owned property (further - the Register), having attached the scanned copy of the solution of the board of directors of the company on its approval to the electronic report, and also sends the report in paper form to authorized body of the corresponding industry for carrying out monitoring of implementation of the development plan.

7. Inclusion of the electronic report in the Register by the Single operator is performed within five working days from the date of its revenues with the direction to the e-mail address of the company of the notification on inclusion of the electronic report in the Register.

In the presence of notes of the Single operator to the electronic report the company resolves comments and brings it to repeatedly Single operator within five working days from the date of receipt of notes without repeated removal at consideration of the board of directors of the company.

8. In case of lack of the audited financial reporting approved annual to the thirtieth day of the third month following the accounting period, the executive body performs project development of the Report on execution of the development plan (according to operational data) with use of the software developed by the Single operator and sends the electronic report (according to operational data) to the Single operator no later than the first day of the fifth month following the accounting period for inclusion in the Register.

Development and approval of the Report on execution of the development plan (according to operational data) is performed in the following procedure:

1) no later than the tenth day of the fourth month following the accounting period, the structural division of the company responsible for development of the Report on execution of the development plan performs project development of the Report on execution of the development plan (according to operational data) and submits it for consideration of executive body of the company.

The executive body of the company within seven calendar days considers and makes the decision on approval of the draft of the Report on execution of the development plan (according to operational data) or on its return for completion.

In the presence of notes the responsible structural division of the company finishes the draft of the Report on execution of the development plan (according to operational data) in the terms determined by executive body of the company, but no more than five calendar days from the moment of receipt of notes, and repeatedly submits it for consideration of executive body of the company;

2) the draft of the Report on execution of the development plan (according to operational data) affirms executive body of the company.

Following the results of approval of the Report on execution of the development plan (according to operational data) within three working days the electronic report to the Single operator for inclusion in the Register goes, having attached the scanned copy of the decision of executive body of the company on its approval to the electronic report.

9. The executive body bears disciplinary responsibility according to Article 64 of the Labor code of the Republic of Kazakhstan of November 23, 2015 for timeliness and reliability of the operational data provided in the Report on execution of the development plan and the Report on execution of the development plan (according to operational data).

Appendix 1

to Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state

Structure of Sections of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state

No. of payment order

Name of the Section

1.

General information about national managing holding (national holding, the national company with participation of the state in the authorized capital) (further – the Company):

1.1.

information on creation of the Company

1.2.

corporate structure of group of the Company with indication of all organizations entering into its group including the being nonresidents of the Republic of Kazakhstan as of ________.

1.3.

organizational structure of the Company (with indication of the number of workers), the scheme and the description

2.

The purposes and tasks, including key performance indicators of activities of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities for the accounting period:

3.

Actions for implementation of the Development plan for the accounting period, taking into account the strategic directions of activities specified in the Development strategy of the Company including on:

3.1.

to achievement of key indicators of activities

3.2.

restructurings of assets and their reasons

4

The relations with the budget for the accounting period:

4.1.

according to the budget legislation of the Republic of Kazakhstan of receipt from the republican budget

4.2.

payment of the taxes and other obligatory payments in the budget (except for indirect taxes) according to the tax legislation of the Republic of Kazakhstan specified in the list of indicators of the Development plan for the Company

4.3.

dividend payout on the state block of shares

5.

The total amount of capital investments and investments of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities with breakdown by the following types:
capital investments, including investment projects (capital investments in new projects, capital investments in the existing projects); construction and upgrade of objects; acquisition of fixed assets; acquisition of intangible assets and other investments;
investments, including acquisition of blocks of shares (shares); deposits to the authorized capital and other investments:

6.

Financial stability of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities:

6.1.

structure of borrowings and the repayment schedule by internal and external borrowing (including the affiliated organizations)

6.2.

the main indicators of financial stability of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities including with obligatory specifying of the indicators characterizing level of debt (debt/EBITDA coefficient (Earnings before interest, taxes, depreciation and amortization): for the companies of real production sector, coefficient of financial leverage, interest coverage ratio, coefficient of current liquidity)

6.3.

debt load of the Company and its affiliated organizations for the accounting period

7.

The main indicators of financial and economic activities, the analysis with reasons for the reasons of growth or decrease, including:

7.1

management of temporarily free money, policy of their placement for the accounting period

7.2.

dividend policy and their reasons

7.3.

the consolidated personnel policy of the Company taking into account the organizations which controlling stock (shares) belongs to the Company (the planned annual average number of workers, the average monthly salary, the salary fund, staff turnover level) for the accounting period

7.4.

personnel policy of the Company and/or the organizations which controlling stock (shares) belongs to the Company (the planned annual average number of workers, the average monthly salary, the salary fund, staff turnover level)

7.5.

the consolidated administrative expenses for the accounting period taking into account the affiliated organizations, the forecast with reasons for growth or decrease

7.6.

administrative expenses for the accounting period, with reasons for growth or decrease

7.7.

expenses on lease of non-residential premises for the accounting period

7.8.

the main consolidated indicators of the Company and legal entities which shares (share) grant the right to the Company directly to determine the decisions made by these legal entities

7.9.

the main unconsolidated indicators of the Company and legal entities whose shares (share) grant the right to the Company directly to determine the decisions made by these legal entities

8.

Information on the actions aimed at the development and implementation of standards of corporate management in the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities

Note: The report can be added with other Items, subitems and appendices when such amendment is relevant to disclosure of results of activities of the Company for the accounting period.

In case of amendment of the Report Items, subitems and appendices, the corresponding names have each in addition represented Item, the subitem and appendix. 

Appendix 2

to Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state

Forms and the list of indicators of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state

1. General information about national managing holding (national holding, the national company with participation of the state in the authorized capital) (further - the Company):

 

form 1

No. of payment order

Name of indicators

Information


1

Full name of the Company




2

Complete legal address




3

Contact telephone numbers




4

E-mail address (e-mail), website




5

Business and Identification Number (BIN) (in the presence)




6

ID code (universal identification code)




7

Date and room of state registration (re-registration) in judicial authorities




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