of January 30, 2015 No. 9-1/71
About approval of Rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex
According to the subitem 14) Item 1 of article 6 of the Law of the Republic of Kazakhstan "About state regulation of development of agro-industrial complex and the rural territories", the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:
1. Approve the enclosed Rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex.
2. To provide to department of investment policy and financial instruments of the Ministry of Agriculture of the Republic of Kazakhstan:
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. To impose control of execution of this order on the supervising vice-minister.
4. This order becomes effective after ten calendar days from the date of its first official publication.
Minister
A. Mamytbekov
Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 9-1/71
1. These rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex (further – Rules) are developed according to the subitem 14) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About state regulation of development of agro-industrial complex and the rural territories", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and determine procedure for subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex, and also procedure for rendering the state service "Subsidizing within Guaranteeing and Loans Insurance of Subjects of Agro-industrial Complex" (further – the state service).
2. In these rules the following basic concepts are used:
1) authorized body in the field of development of agro-industrial complex – the state body performing state regulation in the field of development of agro-industrial complex (further – authorized body (service provider));
2) local executive body concerning agricultural industry – the structural division of local executive bodies of areas, cities of republican value, the capital realizing functions in the field of agricultural industry (further – MIO concerning agricultural industry (service provider));
3) bank – the legal entity, being the commercial organization which according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" is competent to perform banking activity;
4) personal account – the personal web page of the user (the borrower, the guarantor / insurance company, MIO concerning agricultural industry (service provider) / authorized body (service provider) in the electronic register of requests for subsidizing;
5) personal account – set of the records containing in the electronic register of the requests for subsidizing allowing to identify the registered person for the purpose of registration of requests for subsidizing and accounting of transactions on them;
6) the guarantor – the affiliated organization of joint-stock company "National managing holding "Bayterek", authorized on provision of guarantees;
7) guarantee – the document confirming partially joint liability of the guarantor to the creditor according to obligations of the borrower;
8) guarantee amount / insurance sum – the amount of money on which the guarantee is issued or is insured the part of loan which is limiting scope of responsibility of the guarantor / insurance company before the creditor in case of approach of right to claim;
9) the agreement of guarantee – the written agreement signed between the borrower, creditor(s) and the guarantor;
10) payment for guarantee / insurance payment – the cash amount paid by the guarantor / insurance company to the creditor within guarantee amount / insurance sum in case of approach of right to claim;
11) the commission on guarantee / insurance premium – the cash amount paid by the borrower and (or) MIO concerning agricultural industry (service provider) / authorized body (service provider) to the guarantor / insurance company in payment type for adoption by the last of obligations to make payment to the creditor of the guaranteed/insured part of the credit in case of approach of right to claim;
12) the preliminary application for receipt of subsidy on guaranteeing – the electronic request of the guarantor for reservation of the amount of subsidy in the state information system of subsidizing before application for receipt of subsidy on guaranteeing;
13) the request for receipt of subsidy on guaranteeing – the electronic request of the guarantor for subsidizing of part of the commission for guarantees issued on the borrower's credits;
14) the credit – the borrowed funds provided by bank, the affiliated organizations of national managing holding in the field of agro-industrial complex, credit partnerships, the regional investment centers, social business corporations, the microfinancial organizations to the borrower according to the credit agreement in national currency of the Republic of Kazakhstan on the terms of the paid nature, urgency, recoverability, security and purpose;
15) the creditor – the banks of the second level, the affiliated organizations of national managing holding in the field of agro-industrial complex having licenses for the right of banking operations (further – the affiliated organizations), the regional investment centers, social business corporations, and also leasing companies, credit partnerships and the microfinancial organizations;
16) credit partnership – the legal entity created by physical and (or) legal entities for requirements satisfaction of his participants in the credits and other financial, including banking services by accumulation of their money and at the expense of other sources which are not prohibited by the legislation of the Republic of Kazakhstan;
17) the credit agreement – the written agreement signed between the creditor and the borrower under the terms of whom the creditor grants the loan to the borrower. The agreement on opening of credit line also belongs to the credit agreement.
For Islamic bank the credit agreement is understood as the agreement of financing – the written agreement signed between Islamic bank and the borrower under the terms of whom the Islamic bank grants commercial credit to the borrower buyer or the seller of goods. The general agreement of financing within which the Islamic bank and the borrower sign separate agreements on providing commercial credit (financing) also belongs to the agreement of financing. The baking plate is understood by commercial credit financing of trading activity of the borrower by Islamic banks as the reseller by sale to the borrower of goods with delay or payment by installments of payment on the selling price of goods consisting of the price of goods and markup of goods;
18) the borrower – physical person or legal entity, and also the individual entrepreneur (including the peasant farm) performing activities in agro-industrial complex, which signed the credit agreement with the creditor;
19) portfolio guaranteeing – form of provision of guarantees to borrowers within the limit set by the guarantor for the creditor;
20) insurance company – the legal entity performing activities for the conclusion and execution of insurance contracts based on the corresponding license of authorized body on regulation, control and supervision of the financial market and the financial organizations;
21) the state information system of subsidizing (further – GISS) – the organizational arranged set of information and communication technologies, service personnel and technical documentation intended for rendering services in accomplishment of processes of subsidizing giving interaction opportunity with the web portal of "the electronic government", registration of the request for receipt of subsidy, and also its processing by means of automatic verification of the request for compliance to subsidizing conditions;
22) the web portal of the state information system of subsidizing (further – the GISS web portal) – the Internet resource placed on the Internet, providing access to GISS;
23) the electronic register of requests for subsidizing (further – the register) – set of data on requests for receipt of subsidy, and also about borrowers, creditors, and other data reflected in GISS;
24) right to claim – event with which approach the agreement of guarantee/insurance provides implementation of payment for guarantee / insurance payment;
25) the offer – the common electronic offering of the borrower and insurance company on the conclusion of the agreement of subsidizing signed by digital signatures;
26) the web portal of "the electronic government" – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;
27) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.
2-1. Subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex in case of assignment from the local budget is performed by MIO concerning agricultural industry (service provider). Subsidizing within guaranteeing loans of subjects of agro-industrial complex in case of assignment from the republican budget and (or) from reserve of the Government of the Republic of Kazakhstan and (or) National fund of the Republic of Kazakhstan is performed by authorized body (service provider).
3. Subsidizing of part of the commission on guarantee is performed on types of activity according to appendix 1 to these rules and according to credit agreements, the corresponding following conditions:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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