ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

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.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 9-1/71

Rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex

Chapter 1. General provisions

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) 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));

2) 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;

3) personal account – the personal web page of the user (the borrower, the guarantor / insurance company, MIO concerning agricultural industry (service provider)) in the electronic register of requests for subsidizing;

4) 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;

5) the guarantor – the affiliated organization of joint-stock company "National managing holding "Bayterek", authorized on provision of guarantees;

6) guarantee – the document confirming partially joint liability of the guarantor to bank according to obligations of the borrower;

7) 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;

8) the agreement of guarantee – the tripartite written agreement signed between the borrower, bank and the guarantor;

9) 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;

10) the commission on guarantee / insurance premium – the cash amount paid by the borrower and (or) MIO concerning agricultural industry (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;

11) 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;

12) 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;

13) the credit – the borrowed funds provided by bank 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;

14) 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, and also leasing companies, credit partnerships and the microfinancial organizations in the field of agro-industrial complex;

15) 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.

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