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ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2015 No. 4-5/603

About approval of Rules of participation of the cotton-processing organizations in system of guaranteeing obligation fulfillment for cotton receipts

According to the subitem 18) article 7 of the Law of the Republic of Kazakhstan of July 21, 2007 "About development of cotton industry", PRIKAZYVAYU:

1. Approve the enclosed Rules of participation of the cotton-processing organizations in system of guaranteeing obligation fulfillment for cotton receipts.

2. To provide to department of production and conversion of crop products and phytosanitary safety of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy 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 Agriculture of the Republic of Kazakhstan.

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

Minister of Agriculture of the Republic of Kazakhstan

A. Mamytbekov

It is approved

Minister of national economy of the Republic of Kazakhstan

August 21, 2015

 

_______________ E.Dosayev

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of July 2, 2015 No. 4-5/603

Rules of participation of the cotton-processing organizations in system of guaranteeing obligation fulfillment for cotton receipts

1. General provisions

1. These rules of participation of the cotton-processing organizations in system of guaranteeing obligation fulfillment for cotton receipts (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 21, 2007 "About development of cotton industry" and determine procedure for participation of the cotton-processing organizations in system of guaranteeing obligation fulfillment for cotton receipts.

2. In these rules the following basic concepts are used:

1) amount of the guaranteed cotton - the cotton amount established by fund for each participant which responsibility on return is guaranteed by fund;

2) the agreement of participation - the agreement signed between fund and the cotton-processing organization on the basis of which the last participates in system of guaranteeing obligation fulfillment according to cotton receipts;

3) the participant - the cotton-processing organization having the license for rendering services in warehouse activities with issue of cotton receipts with which fund it is signed and the agreement of participation is effective;

4) fund of guaranteeing obligation fulfillment for cotton receipts - the legal entity performing the activities for the purpose of ensuring protection of the rights and legitimate interests of holders of cotton receipts from non-execution of obligations by the cotton-processing organizations for the cotton receipts issued by them (further - fund or funds);

5) passport capacity of the cotton-processing organization - the technical documents characterizing daily and annual amount of conversion of seed cotton.

2. Procedure for participation of the cotton-processing organizations in system of guaranteeing obligation fulfillment for cotton receipts

3. The cotton-processing organization having the license for rendering services in warehouse activities with issue of cotton receipts for participation in fund (funds) submits the application to fund (funds) in any form and attaches the following documents:

1) the certificate of the registered rights (encumbrances) to real estate and its engineering characteristics;

2) the copy of the charter of the cotton-processing organization (the original is provided for reconciliation);

3) the statement from the foundation agreemtn about the list of founders or the statement from personal account of security holders in the system of registers of security holders issued by the registrar not earlier than before ten days before date of filing of application in fund;

4) the copy of the license for rendering services in warehouse activities with issue of cotton receipts (the original is provided for reconciliation);

5) the copy of the act of local executive body of area of annual check of the cotton-processing organization regarding compliance to qualification requirements and readiness for acceptance of seed cotton of new harvest (the original is provided for reconciliation);

6) copies of the balance sheet and the report on financial and economic activities for prior year and on the last reporting date, certified by seal of the cotton-processing organization;

7) the copy of the audit opinion confirming reliability of the annual financial reporting of the cotton-processing organization for the previous accounting year (the original is provided for reconciliation);

8) the certificate of bank of lack of arrears of the cotton-processing organization to bank more than in three months preceding date of filing of application signed by the first head or person having right to sign and the chief accountant with seal of bank. If the cotton-processing organization is client of several banks of the second level or branches, and also foreign bank, this reference is submitted from each of such banks;

9) copies of the certificate of lack of tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments (except as specified when the payment due date is delayed according to the legislation of the Republic of Kazakhstan), or about availability of the tax debt and debt on the compulsory pension contributions compulsory for professional pension contributions and social assignments less than one tenge issued not earlier than date of the announcement of tender according to Item 20 of Rules of the maintaining personal accounts approved by the order of the Minister of Finance of the Republic of Kazakhstan of December 29, 2008 No. 622 (it is registered in the Register of the state registration of regulatory legal acts No. 5446);

10) the copy of the agreement of participation and data on amounts of the guaranteed cotton (if the cotton-processing organization is member of other funds of guaranteeing obligation fulfillment for cotton receipts);

11) other documents necessary for fund for sizing of amount of the guaranteed cotton.

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