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

of November 26, 2015 No. 736

About approval of standard form of the Agreement on subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020", forms of the Agreement of subsidizing, the Agreement of guarantee, the Agreement on provision of grant

According to the order of the Government of the Republic of Kazakhstan of March 31, 2015 No. 168 "About approval of the Single program of support and business development "The road map of business of 2020", modification of the order of the Government of the Republic of Kazakhstan of June 10, 2010 No. 556 "About some measures for program implementation "The road map of business of 2020" and recognition voided some decisions of the Government of the Republic of Kazakhstan", the order of the Government of the Republic of Kazakhstan of July 31, 2015 No. 599 "About measures for implementation of the Single program of support and business development "The road map of business of 2020", the order of the Government of the Republic of Kazakhstan of April 19, 2016 No. 234 "About some measures of the state support of private entrepreneurship", PRIKAZYVAYU:

1. Approve enclosed:

1) standard form of the Agreement on subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020", according to appendix 1 to this order;

2) form of the Agreement of subsidizing, according to appendix 2 to this order;

3) form of the Agreement of guarantee, according to appendix 3 to this order;

4) form of the Agreement on provision of grant, according to appendix 4 to this order.

2. To provide to development department of entrepreneurship of the Ministry of national economy 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 in information system of law of Ad_let;

3) placement of this order on official 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 after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of November 26, 2015 No. 736

Form

The standard agreement about subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020"

____________                                                          "____" __________ 201 g.

This Agreement about subsidizing and guaranteeing within the Single program of support and business development "The road map of business of 2020" (further – the Agreement) is signed between:

1) "The regional coordinator of the Program":

________________________________________________________ on behalf of

_________________________________________, acting on the basis of the

________________________________________________________________, and

2) "The financial agency":

Joint-stock company "Fund of development of entrepreneurship "Lady" on behalf of _______________________________, acting on the basis of the

____________________________________________________________________,

jointly referred to as "Party", and everyone "Party" or as it is stated above, according to:

the order of the Government of the Republic of Kazakhstan of March 31, 2015 No. 168 "About approval of the Single program of support and business development "The road map of business of 2020", modification of the order of the Government of the Republic of Kazakhstan of June 10, 2010 No. 556 "About some measures for program implementation "The road map of business of 2020" and recognition voided some decisions of the Government of the Republic of Kazakhstan" (further – the Program);

Rules of subsidizing of part of rate of remuneration within the Single program of support and business development "The road map of business of 2020" (further – Rules of subsidizing) and the Rules of guaranteeing on the credits of subjects of private entrepreneurship within the Single program of support and business development "The road map of business of 2020" (further – Rules of guaranteeing) approved by the order of the Government of the Republic of Kazakhstan of April 19, 2016 No. 234 "About some measures of the state support of private entrepreneurship".

1. Terms and determinations

1. In this Agreement the following main terms and reducings are used:

1) priority sectors of economy within the Program – priority sectors of economy according to the general qualifier of types of economic activity (further – OKED);

2) the local coordinator of the Program – the structural division of the city/area responsible for program implementation determined by the akim of area in the city or at the district level;

3) the regional coordinator of the Program – determined by the akim of area (the capitals, the cities of republican value) the structural division of local executive body responsible for program implementation at the regional level (the capitals, the cities of republican value);

4) bank – the bank of the second level participating in the Program;

5) bank - the payment agent – authorized bank of the leasing company / Islamic leasing company which shall be approved with the financial agency and performs functions on maintaining the special account of the leasing company / Islamic leasing company intended for transfer and write-off of subsidies on projects;

6) the agreement of bank loan – the written agreement signed between bank and the entrepreneur under the terms of whom the bank grants the loan to the entrepreneur. The agreement on opening of credit line also belongs to the agreement of bank loan;

7) bank loan (further – the credit) – cash amount, provided by bank based on the agreement of bank loan to the entrepreneur on the terms of urgency, the paid nature, recoverability, security and target use;

8) the first direction – support of new business initiatives of entrepreneurs of monotowns, small cities and rural settlements;

9) development bank – Development Bank of Kazakhstan joint-stock company and (or) its affiliated leasing company;

10) the second direction – industry support of the entrepreneurs performing activities in priority sectors of economy and industries of processing industry;

11) Islamic bank – the bank of the second level performing the banking activity provided by Chapter 4-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan", based on the license, participating in the Program;

12) subsidizing on Islamic financing (further – subsidizing) – the form of the state financial support of the entrepreneurs used for partial expense recovery, paid by the entrepreneur to Islamic bank / Islamic leasing company as markup on goods/part of the lease payment constituting the income of Islamic bank / Islamic leasing company on financings in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur;

13) the agreement of subsidizing on Islamic financing

– the tripartite written agreement signed between the financial agency / Islamic bank / Islamic leasing company and the entrepreneur under the terms of whom the financial agency partially subsidizes markup on goods/part of the lease payment constituting the income of Islamic bank / Islamic leasing company on the financing of the entrepreneur issued by Islamic bank / Islamic leasing company;

14) Islamic leasing company – the legal entity created in the form of joint-stock company, not being bank, performing the activities according to Chapter 2-1 of the Law of the Republic of Kazakhstan "About financial leasing", participating in the Program;

15) the entrepreneur – the subject of private entrepreneurship, including the beginning young entrepreneur, the beginning entrepreneur performing the activities according to the Entrepreneurial Code of the Republic of Kazakhstan;

16) guarantee – the obligation of the financial agency to Bank to be responsible for obligation fulfillment of the entrepreneur on payment of part of principal debt under the agreement of the bank loan following from the agreement of guarantee within the guarantee amount;

17) guaranteeing – the form of the state support of entrepreneurs used in the form of provision of partial guarantee as ensuring obligation fulfillment on the credit of the entrepreneur on the conditions determined by the Program, Rules of guaranteeing and the agreement of guarantee;

18) the agreement of guarantee – the tripartite written agreement signed between the financial agency, bank and the entrepreneur about provision of a guarantee;

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