of April 19, 2016 No. 234
About some measures of the state support of private entrepreneurship
According to Item 2 of article 94 of the Entrepreneurial code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:
1. Approve enclosed:
2. Ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 25.08.2018 No. 522
3. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 2 to this resolution.
4. This resolution becomes effective after ten calendar days after day of its first official publication.
Prime Minister of the Republic of Kazakhstan
K. Masimov
Approved by the Order of the Government of the Republic of Kazakhstan of April 19, 2016 No. 234
These rules of subsidizing of part of rate of remuneration within the State program of support and business development "The road map of business-2020" (further - Rules of subsidizing) are developed according to the Entrepreneurial code of the Republic of Kazakhstan and determine conditions and the mechanism of subsidizing of part of rate of remuneration by the credits of banks of the second level / to agreements of financial leasing of leasing companies to subjects of entrepreneurship.
1. Subsidizing of part of rate of remuneration is performed:
under the credits/agreements of financial leasing of entrepreneurs issued by banks of the second level / leasing companies within the State program of support and business development "The road map of business-2020" (further - the Program);
on the credits of subjects of private entrepreneurship issued by banks of the second level within the Mechanism of the crediting of priority projects approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting" (further - the Mechanism).
2. Subsidizing is used for compensation of part of the expenses paid by entrepreneurs as remuneration under credits/agreements of financial leasing and performed via effective mechanisms of interaction of the state with business.
3. Services of the financial agency are paid by authorized body at the expense of means of the republican budget.
4. The means provided for subsidizing are listed according to the Program and the Mechanism at the expense of means of local and (or) republican budgets:
the regional coordinator of the Program in the financial agency on the basis of the agreement on subsidizing and guaranteeing within the Program signed between them (the standard form of the agreement on subsidizing and guaranteeing within the Program affirms authorized body on entrepreneurship);
authorized body on entrepreneurship into the special account of the financial agency opened in National Bank of the Republic of Kazakhstan on the basis of the contract for money transfer for the subsidizing (further - the contract for money transfer) concluded between them.
5. Financing of measure of support in form of subsidizing is performed:
within the Program at the expense of means of republican and local budgets (subsidizing of rate of remuneration on the credits for replenishment of current assets to operating plants is performed within the limits allocated from National fund of the Republic of Kazakhstan);
within the Mechanism at the expense of means of the republican budget.
6. In these rules of subsidizing the following terms and determinations are used:
1) bank - the bank of the second level participating in the Program;
2) development bank - Development Bank of Kazakhstan joint-stock company and (or) its affiliirovanny leasing company;
3) bank - the payment agent - authorized bank of leasing company which shall be approved with the financial agency and perform functions on maintaining the special account of the leasing company intended for transfer and write-off of subsidies on projects;
4) bank loan (further - the credit) - the amount of money 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;
5) public-private partnership - the form of cooperation between the state partner and the private partner corresponding to the signs determined in the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership";
6) GPIIR - The state program of industrial and innovative development of the Republic of Kazakhstan for 2015 - 2019 approved by the Presidential decree of the Republic of Kazakhstan of August 1, 2014 No. 874;
7) the agreement of subsidizing - the tripartite written agreement signed between the financial agency, bank / leasing company and the entrepreneur under the terms of whom the financial agency partially subsidizes remuneration rate on the credit/leasing of the entrepreneur issued by bank / leasing company in the form approved by authorized body on entrepreneurship;
8) the agreement of financial leasing - the written agreement signed between the leasing company / bank and the entrepreneur under the terms of whom the leasing company / bank provides to the entrepreneur financial leasing;
9) 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;
10) the single accumulation pension fund (further - ENPF) - the legal entity performing activities for attraction of pension contributions and retirement benefits;
11) leasing company - the leasing company participating in the Program;
12) the leasing transaction (leasing) - set of coordinated actions of the participants of leasing directed to establishment, change and the termination of the civil laws and obligations;
13) the local coordinator of the Program - the structural division of the city/area determined by the akim of area performing consulting escort of entrepreneurs on preparation and collection of the documents necessary for participation in the Program;
14) OKED (further - priority sectors of economy within the Program) - priority sectors of economy according to the general qualifier of types of economic activity according to appendix 2 to the Program;
15) the entrepreneur - the subject of small and (or) medium business performing the activities within the Program and also the subject of private entrepreneurship performing the activities within the Mechanism;
16) the project - set of actions and actions in various directions of business performed by the entrepreneur as the initiative activities directed to income acquisition and which are not contradicting the legislation of the Republic of Kazakhstan. Within one project receipt of several bank credits / leasing transactions is possible;
17) 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 performing consulting escort of entrepreneurs on preparation and collection of the documents necessary for participation in the Program;
18) subsidizing - the form of the state financial support of entrepreneurs used for partial expense recovery paid by the entrepreneur to bank / leasing company as remuneration on credits/leasing in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur;
19) subsidies - the periodical payments on non-paid and irretrievable basis paid by the financial agency to bank / leasing company within subsidizing of entrepreneurs based on agreements of subsidizing;
20) authorized body - authorized body on entrepreneurship;
21) the financial agency - joint-stock company "Business Development Fund "Lady";
22) information system - the organizational ordered set of the information and communication technologies and technical documentation realizing certain technological actions by means of information interaction and intended for the solution of specific functional objectives;
23) the electronic request - the statement on receipt of the state support in which information is provided in electronic and digital form and is certified by means of the digital signature;
24) electronic document package - the documents which are completely reproducing type and information (data) of the authentic document in electronic and digital form, certified by the digital signature of the applicant or person having powers on the certificate of this document, or the authorized employee of service center of entrepreneurs based on written consent of the receiver of the state service this at the time of its personal presence;
25) working body - authorized management of akimats of areas, cities of republican value and the capital within Rules of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of the farm animals, and also to leasing of agricultural machinery approved by the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of October 26, 2018 No. 436 (further - the order No. 436) (it is registered in the register of state registration of regulatory legal acts for No. 17741).
7. Participants of the first direction of the Program are the entrepreneurs implementing and (or) planning to realize own and effective projects in rural settlements, the small cities and monotowns without industry restrictions and without place of registration of the entrepreneur.
The subjects of small and medium business who obtained (obtaining) credits at the expense of funds of ENPF for replenishment of current assets and (or) refinancing of the current obligations without industry restrictions regardless of the place of project implementation and without place of registration of the subject of small and medium business are also allowed to participation within the first direction of the Program.
8. Credits/agreements of financial leasing are not subject to subsidizing:
In which 1) creditor are the state institutes of development, except for development bank, and also the credits / leasing transactions, the remuneration rate according to which was reduced the price at the expense of budgetary funds, except for the credits / leasing transactions of banks/bank of development / leasing companies which rate of remuneration was reduced the price within the Program;
2) directed to the redemption of shares, shares of the organizations, and also companies as property complex;
3) in the form of the overdraft;
4) on returnable, secondary or to subleasing.
9. Subsidizing of rate of remuneration is performed on the new credits / agreements of financial leasing issued for implementation of new effective investment projects, and also the projects directed to upgrade and expansion of production. Effective investment projects, and also the projects directed to upgrade and expansion of production are understood as the projects providing growth of the income and increase in annual average number of workplaces on the basis of data on compulsory pension contributions and (or) social assignments for 10% after 2 (two) financial years from the date of the decision of the financial agency.
The credits of subjects of small and medium business, the issued (issued) banks at the expense of funds ENPF for replenishment of current assets and (or) refinancing of the current obligations are also subject to subsidizing.
Subsidizing of rate of remuneration on the credits of banks including issued at the expense of means of ENPF, directed to replenishment of current assets to operating plants is also performed within the limits allocated from republican and local budgets. On the credits directed to replenishment of current assets, and also refinancing of the current obligations are not required increase in annual average number of workplaces, on the basis of data on compulsory pension contributions and (or) social assignments and growth of the income for 10% of the corresponding indicators after project implementation.
10. Subsidizing of part of rate of remuneration under credits/agreements of financial leasing of banks/bank of development / leasing companies is also performed under the credits/agreements of financial leasing issued for projects implementation within the agreement on public-private partnership without industry restrictions.
11. The credits/agreement of financial leasing which are earlier issued by banks/bank of development / leasing companies during 12 months to introduction of the project to the financial agency also belong to the new credits / agreements of financial leasing.
12. To subsidizing the credits / leasing transactions directed to refinancing of credits/agreements of financial leasing, earlier issued by banks/bank of development / leasing companies and refinanced by credit partnerships, the financial organizations within 4 years (term is estimated from date of issue of the first credit / leasing) before introduction of the project are also subject to the financial agency and the Programs corresponding to criteria.
13. Subsidizing cannot be performed on the credits issued (issued) on replenishment of current assets, except as specified, when subsidizing of the credits for replenishment of current assets is performed at the expense of the funds allocated from National fund of the Republic of Kazakhstan for subsidizing of loan interest rate, to the operating plants directed to replenishment of current assets and also when financing of current assets is performed within:
1) acquisition loan and (or) upgrade of fixed assets and (or) expansion of production, but no more than 30% of credit amount;
2) means of ENPF.
14. Subsidizing on the credit for replenishment of the current assets issued on renewable basis is allowed. The condition of possibility of renewal of the credit for replenishment of current assets shall be specified in the decision of the financial agency.
15. When guaranteeing the credits to 60 million tenges which 100% are directed to replenishment of current assets are allowed to subsidizing of rate of remuneration.
16. The entrepreneur under credits/agreements of financial leasing over 180 million tenges shall provide participation in project implementation of own means (money, personal/real estate), including the property of the third parties provided in providing at the level of not lower than 10% of total cost of project implementation. Conditions of participation of the entrepreneur in the project own means (cash means / personal/real estate) are reflected in the decision of the financial agency.
17. In case of provision of ensuring obligation fulfillment under the credit/agreement of financial leasing by the personal/real estate which is directly not participating in project implementation, this property is not considered as own participation in the project.
18. At the same time under credits/agreements of financial leasing which amount does not exceed 180 million tenges own participation in project implementation is not required.
19. The amount of the credit/agreement of financial leasing taking into account all operating credits under which subsidizing of part of rate of remuneration is performed cannot exceed 750, 0 million tenges for one entrepreneur and is calculated without debt on the credit/agreement of financial leasing of the persons/companies, affiliirovanny with it.
The credits of entrepreneurs in case of partial/complete early repayment of principal debt on the subsidized credit within the limits set by the Program are allowed to subsidizing.
20. Subsidizing term under the credits/agreements of financial leasing directed to investments constitutes 5 (five) years without the right of prolongation of term of subsidizing. The term of subsidizing of the credits allocated for replenishment of current assets constitutes 3 (three) years without the right of prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the moment of signing of the first agreement of subsidizing by the financial agency.
On the projects approved till January 27, 2018 with subsidizing term three years prolongation for additional two years (aggregate term of subsidizing - no more than five years is possible from the moment of signing of the first agreement of subsidizing on the project) on the conditions operating for date of approval of prolongation by the financial agency.
Prolongation of the duration of the agreement of subsidizing after 3 (three) years is performed based on the petition of bank/bank of the development / leasing company given for consideration to the financial agency in 60 calendar days prior to subsidizing expiration of the contract only in the presence of means for subsidizing from the budget at the time of approval by the financial agency.
The decision of the financial agency on prolongation / not prolongations of the current agreement of subsidizing shall be accepted in 45 calendar days prior to subsidizing expiration of the contract. At the same time the financial agency provides signing of the supplementary agreement to the agreement of subsidizing by bank/bank of development / the leasing company / entrepreneur before expiration of the current agreement of subsidizing, in case of adoption by the financial agency of the positive decision on prolongation of the current agreement of subsidizing.
21. When subsidizing the credit at the expense of the funds allocated from National fund of the Republic of Kazakhstan, subsidizing term on the credits constitutes no more than 18 (eighteen) months without prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the moment of signing of the first agreement of subsidizing by the financial agency.
22. Subsidizing term when refinancing the current obligations of the entrepreneur is established from the moment of signing of the first agreement of subsidizing by the financial agency in the bank creditor / leasing company from which refinancing was performed.
23. The projects of entrepreneurs which got approval of the financial agency on the instrument of subsidizing can be refinanced in other banks / the leasing companies / development bank on earlier approved subsidizing conditions.
24. Subsidizing is performed is paid only for credits/contracts of financial leasing with the nominal rate of remuneration which is not exceeding the base rate of remuneration established by National Bank of the Republic of Kazakhstan and increased by 5 (five) percent points from which 50% of nominal rate will be subsidized with the state and difference by the entrepreneur.
Limiting calculation of the rate of remuneration which is subject to subsidizing on the credits of banks issued at the expense of means of ENPF, directed to replenishment of current assets is performed on the conditions established by this Item.
25. In case of limiting calculation of rate of remuneration the base rate of remuneration established by National Bank of the Republic of Kazakhstan and operating at the time of the decision of bank / leasing company on the project of the entrepreneur is considered.
26. Within Programmy bank/bank of development / leasing company do not charge any fees, charges and/or other payments connected with the credit/conclusion of the agreement of financial leasing, except for:
1) the conditions of the crediting/agreement of financial leasing connected with change, initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur under the credit/agreement of financial leasing;
3) connected with carrying out independent assessment of subject of leasing, insurance of subject of leasing, registration of the agreement of pledge and removal of encumbrance;
4) connected with agreement performance of financial leasing (compensation of services of third parties, such as customs clearance, services of registration of subject of leasing by special bodies, services of banks, etc.).
27. In case of decision making about subsidizing of the existing credit/agreement of financial leasing by the financial agency, bank/bank of development / the leasing company compensates to the entrepreneur of the commission, the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency.
At the same time data of the commission, charges and/or other payments are subject to compensation to the entrepreneur within 3 (three) months from the date of receipt from the financial agency of the signed agreement.
In case of untimely compensation of development by bank/bank / leasing company to the entrepreneur of earlier received commissions, charges and/or other payments in the corresponding financial year, bank/bank of development / the leasing company pays to the financial agency penalty in the amount of 100 MRP.
28. The following forms and types of leasing are subject to subsidizing: internal leasing, bank leasing, full leasing and net leasing.
29. The following effective entrepreneurs implementing and (or) planning to implement can be participants of the second direction of the Program:
1) the projects realized in priority sectors of economy within the Program;
2) the projects realized in the priority industries of processing industry and separate types of service determined by GPIIR.
30. Credits/agreements of financial leasing are not subject to subsidizing:
In which 1) creditor are the state institutes of development, except for development bank, and also the credits / leasing transactions, the remuneration rate according to which was reduced the price at the expense of budgetary funds, except for the credits / leasing transactions of banks/bank of development / leasing companies which rate of remuneration was reduced the price within the Program;
2) directed to the redemption of shares, shares of the organizations, and also companies as property complex;
3) in the form of the overdraft;
4) on returnable, secondary or to subleasing.
31. Subsidizing of part of rate of remuneration is performed on the new credits / agreements of financial leasing issued for implementation of new effective investment projects, and also the projects directed to upgrade and expansion of production.
New effective investment projects, and also the projects directed to upgrade and expansion of production are understood as projects:
1) subjects of medium business, reached growth of the income for 20% the previous 3 (three) years prior to filing of application by the entrepreneur to the financial agency;
2) small business entities, the providing growth of the income, increase in annual average number of workplaces, on the basis of data on compulsory pension contributions and (or) social assignments for 10% after 2 (two) financial years from the date of the decision of the financial agency.
The credits of subjects of small and medium business, the issued (issued) banks at the expense of funds ENPF for replenishment of current assets and (or) refinancing of the current obligations within the projects realized in priority sectors of economy within the Program, the industries of processing industry and separate types of service determined by GPIIR and without industry restrictions are also subject to subsidizing.
Subsidizing of rate of remuneration on the credits of banks including issued at the expense of means of ENPF, directed to replenishment of current assets to operating plants is also performed within the limits allocated from the budget. On the credits of subjects of entrepreneurship directed to replenishment of current assets, and also the refinancing of the current obligations, requirements provided in part two of this Item do not extend.
32. Subsidizing of part of rate of remuneration under credits/agreements of financial leasing of banks/bank of development / leasing companies is also performed under the credits/agreements of financial leasing issued for projects implementation within the agreement on public-private partnership on condition of compliance of such projects to the priority sectors of economy specified in appendix 2 to the Program, or priority industries of processing industry and separate types of service, certain GPIIR.
33. The credits/agreement of financial leasing which are earlier issued by banks/bank of development / leasing companies during 12 months to introduction of the project to the financial agency also belong to the new credits / agreements of financial leasing.
34. To subsidizing the credits / leasing transactions directed to refinancing of credits/agreements of financial leasing, earlier issued by banks/bank of development / leasing companies during 4 years (term is estimated from date of issue of the first credit / leasing) before introduction of the project are also subject to the financial agency and the Programs corresponding to criteria.
35. Subsidizing cannot be performed on the credits issued (issued) on replenishment of current assets, except as specified, when subsidizing of the credits for replenishment of current assets is performed at the expense of the funds allocated from National fund of the Republic of Kazakhstan for subsidizing of loan interest rate, to the operating plants directed to replenishment of current assets and also when financing of current assets is performed within:
1) acquisition loan and (or) upgrade of fixed assets and (or) expansion of production, but no more than 30% of credit amount;
2) means of ENPF.
36. Subsidizing on the credit for replenishment of the current assets issued on renewable basis is allowed. The condition of possibility of renewal of the credit for replenishment of current assets shall be specified in the decision of the financial agency.
37. When guaranteeing the credits to 60 million tenges which 100% are directed to replenishment of current assets are allowed to subsidizing of rate of remuneration.
38. The entrepreneur on the credits over 180 million tenges shall provide participation in project implementation of own means (money, personal/real estate), including the property of the third parties provided in providing at the level of not lower than 10% of total cost of project implementation. Conditions of participation of the entrepreneur in the project own means (cash means / personal/real estate) are reflected in the decision of the financial agency.
39. In case of provision of ensuring obligation fulfillment on the credit by the personal/real estate which is directly not participating in project implementation, this property is not considered as own participation in the project.
40. At the same time on the credits which amount does not exceed 180 million tenges own participation in project implementation is not required.
41. The amount of the credit/agreement of financial leasing taking into account all operating credits under which subsidizing of part of rate of remuneration is performed cannot exceed 2, 5 billion tenges for one entrepreneur and is calculated without debt on the credit/agreement of financial leasing of the persons/companies, affiliirovanny with it.
The credits of entrepreneurs in case of partial/complete early repayment of principal debt on the subsidized credit within the limits set by the Program are allowed to subsidizing.
At the same time on the projects approved till January 27, 2018 with credit limit to 4, of 5 billion tenges, subsidizing is performed on earlier approved Program conditions.
42. Subsidizing term under the credits/agreements of financial leasing directed to investments constitutes 5 (five) years without the right of prolongation of term of subsidizing. The term of subsidizing of the credits allocated for replenishment of current assets constitutes 3 (three) years without the right of prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the moment of signing of the first agreement of subsidizing by the financial agency.
On the projects approved till January 27, 2018 with subsidizing term three years prolongation for additional two years (aggregate term of subsidizing - no more than five years is possible from the moment of signing of the first agreement of subsidizing on the project) on the conditions operating for date of approval of prolongation by the financial agency.
Prolongation of the duration of the agreement of subsidizing after 3 (three) years is performed based on the petition of bank/bank of the development / leasing company given for consideration to the financial agency in 60 calendar days prior to subsidizing expiration of the contract only in the presence of means for subsidizing from the budget at the time of approval by the financial agency.
The decision of the financial agency on prolongation / not prolongations of the current agreement of subsidizing shall be accepted in 45 calendar days prior to subsidizing expiration of the contract. At the same time the financial agency provides signing of the supplementary agreement to the agreement of subsidizing by bank/bank of development / the leasing company / entrepreneur before expiration of the current agreement of subsidizing, in case of adoption by the financial agency of the positive decision on prolongation of the current agreement of subsidizing.
43. When subsidizing the credit at the expense of the funds allocated from National fund of the Republic of Kazakhstan, subsidizing term on the credits constitutes no more than 18 (eighteen) months without prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the moment of signing of the first agreement of subsidizing by the financial agency.
44. Subsidizing term when refinancing the current obligations of the entrepreneur is established from the moment of signing of the first agreement of subsidizing by the financial agency in the bank creditor / leasing company from which refinancing was performed.
45. The projects of entrepreneurs which got approval of the financial agency on the instrument of subsidizing can be refinanced in other banks / the leasing companies / development bank on earlier approved subsidizing conditions.
46. In priority sectors of economy within the Program, it is performed only under credits/contracts of financial leasing with the nominal rate of remuneration which is not exceeding the base rate of remuneration established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 40% of nominal rate are compensated by the state and is paid by the entrepreneur.
Limiting calculation of the rate of remuneration which is subject to subsidizing on the credits of banks issued at the expense of means of ENPF, directed to replenishment of current assets is performed on the conditions established by this Item.
47. Subsidizing on the projects realized in the priority industries of processing industry determined by GPIIR is performed only under credits/contracts of financial leasing with the nominal rate of remuneration which is not exceeding the base rate of remuneration established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 50% of nominal rate are compensated by the state and is paid by the entrepreneur.
Limiting calculation of the rate of remuneration which is subject to subsidizing on the credits of banks issued at the expense of means of ENPF, directed to replenishment of current assets is performed on the conditions established by this Item.
48. In case of limiting calculation of rate of remuneration the base rate of remuneration established by National Bank of the Republic of Kazakhstan and operating at the time of the decision of bank / leasing company on the project of the entrepreneur is considered.
49. Subsidizing of rate of remuneration under credits/agreements of financial leasing of development bank can be performed on the credits with nominal rate of remuneration no more than 13% from which 5% are compensated by the state, and the difference is paid by the entrepreneur.
50. Within Programmy bank/bank of development / leasing company do not charge any fees, charges and (or) other payments connected with the credit/conclusion of the agreement of financial leasing, except for:
1) the conditions of the crediting/agreement of financial leasing connected with change, initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur under the credit/agreement of financial leasing;
3) connected with carrying out independent assessment of subject of leasing, insurance of subject of leasing, registration of the agreement of pledge and removal of encumbrance;
4) connected with agreement performance of financial leasing (compensation of services of third parties, such as customs clearance, services of registration of subject of leasing by special bodies, services of banks, etc.).
51. In case of decision making about subsidizing of the existing credit/agreement of financial leasing by the financial agency, bank/bank of development / the leasing company compensates to the entrepreneur of the commission, the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency.
At the same time data of the commission, charges and/or other payments are subject to compensation to the entrepreneur within 3 (three) months from the date of receipt from the financial agency of the signed agreement.
In case of untimely compensation of development by bank/bank / leasing company to the entrepreneur of earlier received commissions, charges and/or other payments in the corresponding financial year, bank/bank of development / the leasing company pays to the financial agency penalty in the amount of 100 MRP.
52. Subsidizing according to construction projects of shopping facilities of modern format is allowed. At the same time the construction of shopping facilities of modern format shall correspond to the following criteria:
1) with the floor space at least 3 thousand sq.m in the cities of Astana, Almaty and Shymkent;
2) with the floor space at least 1 thousand sq.m in areas.
53. The following forms and types of leasing are subject to subsidizing: internal leasing, bank leasing, full leasing and net leasing.
54. Credits/agreements of financial leasing are not subject to subsidizing:
In which 1) creditor are the state institutes of development, except for development bank, and also the credits / leasing transactions, the remuneration rate according to which was reduced the price at the expense of budgetary funds, except for the credits / leasing transactions of banks/bank of development / leasing companies which rate of remuneration was reduced the price within the Program;
2) directed to the redemption of shares, shares of the organizations, and also companies as property complex;
3) in the form of the overdraft;
4) on returnable, secondary or to subleasing.
55. Subsidizing can be performed under the credits/agreements of financial leasing issued on acquisition and (or) upgrade of fixed assets and (or) expansion of production and (or) replenishment of current assets and (or) refinancing.
56. The amount of the credit/agreement of financial leasing taking into account all operating credits under which subsidizing of part of rate of remuneration is performed cannot exceed 2, 5 billion tenges for one entrepreneur and is calculated without debt on the credit/agreement of financial leasing of the persons/companies, affiliirovanny with it.
The amounts on currency loans on which subsidizing of rate of remuneration is performed cannot exceed the equivalent size 2, of one billion tenges for one entrepreneur and are calculated without debt on the credit/agreement of financial leasing of the persons/companies, affiliirovanny with it.
The credits of entrepreneurs in case of partial/complete early repayment of principal debt on the subsidized credit within the limits set by the Program are allowed to subsidizing.
At the same time on the projects approved till January 27, 2018 with credit limit to 4, of 5 billion tenges, subsidizing is performed on earlier approved Program conditions.
57. Subsidizing of rate of remuneration under credits/agreements of financial leasing from 750 million to 2, is performed by 5 billion tenges on condition of creation at least 10% of new (permanent) workplaces in relation to operating.
At the same time 50% of again created workplaces are recommended to be created for youth up to 29 years registered in employment centers as persons who are looking for work or the unemployed.
Limiting date of creation of new permanent workplaces is reflected in the decision of the financial agency.
58. Subsidizing term under the credits/agreements of financial leasing directed to investments constitutes 5 (five) years without the right of prolongation of term of subsidizing. The term of subsidizing of the credits allocated for replenishment of current assets constitutes 3 (three) years without the right of prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the moment of signing of the first agreement of subsidizing by the financial agency.
On the projects approved till January 27, 2018 with subsidizing term three years prolongation for additional two years (aggregate term of subsidizing - no more than five years is possible from the moment of signing of the first agreement of subsidizing on the project) on the conditions operating for date of approval of prolongation by the financial agency.
Prolongation of the duration of the agreement of subsidizing after 3 (three) years is performed based on the petition of bank/bank of the development / leasing company given for consideration to the financial agency in 60 calendar days prior to subsidizing expiration of the contract only in the presence of means for subsidizing from the budget at the time of approval by the financial agency.
The decision of the financial agency on prolongation / not prolongations of the current agreement of subsidizing shall be accepted in 45 calendar days prior to subsidizing expiration of the contract. At the same time the financial agency provides signing of the supplementary agreement to the agreement of subsidizing by bank/bank of development / the leasing company / entrepreneur before expiration of the current agreement of subsidizing, in case of adoption by the financial agency of the positive decision on prolongation of the current agreement of subsidizing.
59. Subsidizing term when refinancing the current obligations of the entrepreneur is established from the moment of signing of the first agreement of subsidizing by the financial agency in the bank creditor / leasing company from which refinancing was performed.
60. The projects of entrepreneurs which got approval of the financial agency on the instrument of subsidizing can be refinanced in other banks / leasing companies (development bank) on earlier approved subsidizing conditions.
61. Subsidizing can be performed only on the credits of bank with the nominal rate of remuneration which is not exceeding the base rate of remuneration established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 30% of nominal rate are compensated by the state and is paid by the entrepreneur.
62. Subsidizing of rate of remuneration can be performed on the currency standard loans of bank with nominal rate of remuneration no more than 12% from which to 5% compensates the state, and the difference is paid by the entrepreneur.
At the same time the bank does not charge any fees, charges and/or other payments connected with the credit, except for the commissions, charges and/or other payments:
1) connected with the changes of terms for crediting initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur on the credit.
63. Subsidizing of rate of remuneration on the credits of development bank can be performed on the credits with nominal rate of remuneration no more than 13% from which 5% are compensated by the state, and the difference is paid by the entrepreneur.
64. Subsidizing of rate of remuneration can be performed on the currency standard loans of development bank on which development bank reduces remuneration rate to 11% from which 4% are compensated by the state, and the difference is paid by the entrepreneur.
65. Development bank does not charge any fees, charges and/or other payments connected with the credit, except for:
1) connected with the changes of terms for crediting initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur on the credit.
66. In case of positive exchange difference, it is set off on account of future subsidies, and in case of negative exchange difference - compensation is assigned to the entrepreneur.
67. The amounts of subsidies are paid by the financial agent to tenge on the rate established by National Bank of the Republic of Kazakhstan for date of transfer of the amounts of subsidies.
68. Subsidizing can be also performed under agreements of financial leasing of the leasing companies / bank/development bank with the nominal rate of remuneration which is not exceeding the base rate of remuneration established by National Bank of the Republic of Kazakhstan and the difference increased by 5 (five) percent points from which 40% of nominal rate are compensated by the state and is paid by the entrepreneur.
At the same time the leasing company / bank do not charge any fees, charges and/or other payments connected with the conclusion of the agreement of financial leasing, except for the commissions, charges and/or other payments:
1) connected with the changes of terms of the contract of financial leasing initiated by the debtor;
2) connected with carrying out independent assessment of subject of leasing, insurance of subject of leasing, registration of the agreement of pledge and removal of encumbrance;
3) connected with agreement performance of financial leasing (compensation of services of third parties, such as customs clearance, services of registration of subject of leasing by special bodies, services of banks, etc.);
4) the agreement obligations of financial leasing levied for cause of infringement by the entrepreneur.
69. In case of limiting calculation of rate of remuneration the base rate of remuneration established by National Bank of the Republic of Kazakhstan, operating at the time of the decision of bank / leasing company on the project of the entrepreneur is considered.
70. In case of decision making about subsidizing of the existing credit/agreement of financial leasing by the financial agency, bank/bank of development / the leasing company compensates to the entrepreneur of the commission, the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency.
At the same time data of the commission, charges and/or other payments are subject to compensation to the entrepreneur within 3 (three) months from the date of receipt from the financial agency of the signed agreement.
71. In case of untimely compensation of development by bank/bank / leasing company to the entrepreneur of earlier received commissions, charges and/or other payments in the corresponding financial year, bank/bank of development / the leasing company pays to the financial agency penalty in the amount of 100 MRP.
72. If bank/development bank and the entrepreneur suppose converting of currency loan in tenge, this converting is carried out on the rate established by National Bank of the Republic of Kazakhstan for date of the conclusion of the contract of subsidizing between bank/development bank and the entrepreneur.
72-1. The projects of subjects of private entrepreneurship conforming to the requirements established by the Mechanism are subject to subsidizing.
72-2. The new and operating credits issued (issued) by banks on investment and replenishment of current assets (including on renewable basis) within the inventory (services) in projects are subject to subsidizing:
on conversion in agro-industrial complex according to appendix 8 to these rules of subsidizing;
on production in agro-industrial complex according to appendix 9 to these rules of subsidizing;
on processing industry and services according to appendix 10 to these rules of subsidizing.
At the same time the operating credits are understood as the credits issued by banks after entry into force of the order of the Government of the Republic of Kazakhstan of December 11, 2018 to No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting".
At the same time subsidizing of the credit for replenishment of current assets on which the size of current assets shall not exceed 50% of credit amount within one project of the borrower is allowed.
This restriction does not extend to financing of projects on production and conversion in agro-industrial complex which is performed at the expense of own means of banks.
Refinancing from other bank, and also on purchase of shares is not allowed.
72-3. On crediting of projects in processing industry and services, and also production and conversion in agro-industrial complex on the amount over 10 (ten) billion tenges need the positive conclusion of the relevant industry central authorized body.
The subject of private entrepreneurship before receipt of the specified conclusion to bank submits the following documents:
1) the passport of the project approved by the applicant (including information: full name of the applicant; legal address (index, area, city/area, settlement, street, phone); first head (surname, name, middle name (in the presence), position, number of the office/cell phone, e-mail address); number and date of state registration (re-registration) of the applicant; business identification number or individual identification number of the applicant; name of industry, subindustry; core activity (with indication of code of the general qualifier of economic activity); the product range in kind for 3 (three); installed capacity of the applicant (in natural and monetary value); current load of capacities (percent); current depreciation of production equipment (percent); current labor productivity (thousands of tenges/people and thousands of dollars of the USA/people);
2) the business plan of the project approved by the applicant;
3) the schedule of project implementation approved by the applicant.
In case of approval the documents specified in subitems 1), 2) and 3) of this Item go bank within 5 working days from the date of decision making of bank by the credit commission to the financial agency. The decision of the credit commission of bank goes along with the specified documents.
72-4. The financial agency within 5 (five) working days considers the documents which arrived from bank on compliance to Mechanism conditions. In case of their compliance to conditions of the Mechanism the inquiry is sent to the relevant industry central authorized body for receipt of the industry conclusion.
The industry conclusion is submitted the relevant central authorized state bodies within 10 (ten) working days from the date of receipt of request from the financial agency.
In case of need the central authorized state body has the right to request from the subject of private entrepreneurship additional information / documents.
72-5. Applications are directed by the financial agency after consideration of projects on production in agro-industrial complex within 5 working days from the date of receipt to working body the letter notification and documents specified in Item 75 of these rules of subsidizing.
72-6. On projects over 10 (ten) billion tenges on production in agro-industrial complex after receipt of the industry conclusion by the financial agency go to working body the letter notification and documents specified in Item 72-3 of these rules of subsidizing within 5 working days from the date of receipt of the industry conclusion.
Subsidizing of projects is made according to the order No. 436.
72-7. According to projects on conversion in agro-industrial complex and processing industry and services the financial agency after consideration of the project within 5 (five) working days makes the decision on subsidizing.
72-8. On projects over 10 (ten) billion tenges in processing industry and services, and also on conversion in agro-industrial complex the financial agency within 5 (five) working days makes the decision on subsidizing after receipt of the industry conclusion.
72-9. Subsidizing is performed on the credits with the nominal rate of remuneration which is not exceeding 15% per annum from which 6% are paid with subject of private entrepreneurship and difference subsidized with the state. The credit is issued to the subject of private entrepreneurship in national currency.
Action of this Item extends to the relations which arose since December 11, 2018.
72-10. Subsidizing term on the credits directed to investments constitutes no more than 10 (ten) years without the right of prolongation of term of subsidizing.
The term of subsidizing of the credits allocated for replenishment of current assets constitutes no more than 3 (three) years without the right of prolongation of term of subsidizing. If on one project several agreements of subsidizing are signed, aggregate term of subsidizing is established from the date of signing of the first agreement of subsidizing by the financial agency.
Action of this Item extends to the relations which arose since December 11, 2018.
72-11. At the same time, the projects realized by subjects of small and medium business in the amount of at least 17% of total amount of the issued credits on the conditions established by the Mechanism are subject to subsidizing.
72-12. The financial agency provides distribution of the amounts of subsidies in proportion to the funds allocated for projects on conversion in agro-industrial complex, processing industry and to services.
At the same time the financial agency within 5 (five) working days from the date of distribution of the amounts of subsidies in the corresponding directions notifies on it bank.
72-13. The financial agency refuses consideration of the application on subsidizing in case of lack of the distributed funds allocated according to projects on conversion in agro-industrial complex, processing industry and to services.
72-14. Banks do not charge any fees, charges and/or other payments, except for:
1) connected with the changes of terms for crediting initiated by the subject of private entrepreneurship;
2) the obligations levied for cause of infringement by the subject of private entrepreneurship on the credit;
3) connected with carrying out independent assessment of subject of pledge, registration of the agreement of pledge and removal of encumbrance;
4) payments on settlement cash servicing.
72-15. In case of decision making about subsidizing of the operating credit by the financial agency, the bank compensates to the subject of private entrepreneurship of the commission, the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency on such operating credit within 3 (three) months from the date of obtaining from the financial agency of the signed agreement of subsidizing.
In case of untimely compensation, the bank pays to the financial agency penalty in the amount of 100 MRP.
72-16. In case of 100% financing on the purpose of replenishment of current assets on projects of conversion in agro-industrial complex at the expense of own means of banks and production in agro-industrial complex within the mechanism the following selection criteria are established:
lack of overdue tax debt at the time of application;
financing on the purpose of carrying out calculations for tax and other obligatory payments, payment of the current payments on servicing of the credits, loans and agreements of leasing is not allowed.
73. The entrepreneur addresses to bank/bank of development / leasing company:
1) on the new credit / agreement of financial leasing with the statement on provision credit/financing in the form approved by internal regulating documents of bank/bank of development / leasing company on the conditions corresponding to the Program/mechanism;
2) under the existing credit/contract of financial leasing with the statement in form according to appendix 1 to these rules of subsidizing.
74. The bank/bank of development / leasing company carry out assessment of financial and economic efficiency of the project and, in case of the positive decision on provision of credit/leasing or rate reduction of remuneration on credit/leasing to the size established by the Program/mechanism, within three working days send the written answer to the entrepreneur with the notification of the financial agency.
75. The entrepreneur with the positive decision of bank/bank of development / leasing company addresses to the financial agency with the statement questionnaire in form according to appendix 2 to these rules of subsidizing to which are applied:
1) the document on state registration (re-registration) of the legal entity (the copy certified by the signature of the entrepreneur and seal (in the presence), the notice of registration of the individual entrepreneur;
2) the business plan of the project of the entrepreneur containing:
terms of ensuring participation in project implementation of own means (money, personal/real estate) and/or property of the third parties (under credits/agreements of financial leasing over 180 (hundred eighty) million tenges) within the Program (at the same time such participation of property shall be provided at the level of not lower than 10% of total cost of project implementation);
stages on achievement of growth of the income, increase in annual average number of workplaces on the basis of data on compulsory pension contributions and (or) social assignments and growth of amount of payable taxes by 10% after 2 (two) financial years from the date of adoption by the financial agency of the decision on subsidizing (the requirement of this paragraph extends to cases of filing of application on participation within the first direction of the Program / on projects of entrepreneurs - small business entities within the second direction of the Program);
on the mechanism:
preserving/increase in workplaces or growth of the income by 10% after 3 (three) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued 100% for the investment purposes;
preserving/increase in workplaces and/or tax payments and/or production volume (in terms of money), and/or growth of the income for 10% after 2 (two) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the investment purposes and replenishment of current assets in the amount of no more than 50% within one project of the borrower. The companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism;
preserving/increase in workplaces and/or tax payments, increase in production volume (in terms of money) and growth of the income for 10% following the results of 1 (one) from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the purpose of 100% of replenishment of current assets. The companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism;
3) the copy of financial statements of the entrepreneur - the subject of medium business for the last three financial years with application of a copy of the tax statements allowing to make the analysis about income surplus for 20%. In case of implementation of business activity less than 3 (three) years, information is provided for the period the actual implementation of business activity (in case of filing of application on participation within the second direction of the Program);
4) the document containing data on lack (availability) of debt according to the which account is kept in bodies of state revenues issued not later than 30 (thirty) calendar days before date of the address;
5) the copies of shipping documents confirming movement of goods from the territory of one state member of the Eurasian Economic Union on the territory of other state member of the Eurasian Economic Union (in case of availability);
6) the documents confirming availability of appropriate level of currency earnings for the last accounting period (in case of filing of application on participation within the third direction of the Program).
The entrepreneur can address the regional/local coordinator of the Program for receipt of consulting support concerning preparation of the request and collection of documents for participation in the Program.
76. In cases of representation of incomplete document package or submission of the documents which are not corresponding to the established forms, the financial agency within 1 (one) working day returns to bank/bank of development / the leasing company / entrepreneur the submitted documents with indication of specific shortcomings according to the submitted documents for completion. In case of lack of shortcomings on document package, the financial agency submits the project of the entrepreneur for meeting of authorized body of the financial agency.
77. The procedure for holding meetings, the number of members of authorized body of the financial agency are determined by internal documents of the financial agency.
78. The authorized body of the financial agency considers projects only in case of availability of budgetary funds for subsidizing in the corresponding financial year.
79. The project of the entrepreneur is considered by authorized body of the financial agency within 5 working days from receipt date of information with document package. At the same time, in case of adoption of the positive decision by authorized body of the financial agency, in the decision are specified: the obligation of entrepreneurs on achievement of growth of the income and increase in annual average number of workplaces on the basis of data on compulsory pension contributions and (or) social assignments for 10% after 2 (two) financial years from the date of the decision of authorized body of the financial agency (on projects of entrepreneurs within the first direction of the Program, and also on projects of entrepreneurs - small business entities within the second direction of the Program); information on achievement by entrepreneurs - subjects of medium business of growth of the income for 20% the previous 3 (three) years prior to application to the financial agency within the second direction of the Program.
79-1. Within the mechanism the project is considered by the financial agency within 5 (five) working days from the date of receipt of documents and necessary information.
The decision of the financial agency with the conclusion of the relevant industry central authorized body is submitted within 15 (fifteen) working days from the date of receipt of document package and necessary information from bank in the financial agency.
At the same time in case of adoption of the positive decision by authorized body of the financial agency, in the decision obligations of the subject of private entrepreneurship are specified on:
to preserving/increase in workplaces or growth of the income by 10% after 3 (three) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued 100% for the investment purposes;
to preserving/increase in workplaces and/or tax payments and/or production volume (in terms of money), and/or to growth of the income for 10% after 2 (two) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the investment purposes and replenishment of current assets in the amount of no more than 50% within one project of the borrower. The companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism;
to preserving/increase in workplaces and/or tax payments, increase in production volume (in terms of money) and to growth of the income for 10% following the results of 1 (one) from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the purpose of 100% of replenishment of current assets. The companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism.
80. The financial agency within 1 (one) working day after decision making of the financial agency by authorized body draws up, signs the protocol and sends in case of the positive decision - minutes abstract with the cover letter in form according to appendix 3 to these rules of subsidizing, in case of the negative decision - minutes abstract with the cover letter in form according to appendix 4 to these rules of subsidizing (further - the corresponding letter) to bank/bank of development / to leasing company and the entrepreneur.
81. Effective period of the positive decision of authorized body of the financial agency constitutes 6 months from acceptance date authorized body of the financial agency.
At the same time on the projects approved till January 27, 2018, the conclusion of agreements of subsidizing is performed on earlier approved conditions before expiration of the protocol of regional coordination council.
82. The entrepreneur submits the electronic application in form according to appendix 2 to these rules of subsidizing through the web portal of "the electronic government" to which the following electronic document package is applied:
1) the business plan of project implementation of the entrepreneur or the expert opinion on the project (the technical and economic conclusion / the economic conclusion of the corresponding employee of bank / leasing company. In case of lack of these documents other documents opening project essence);
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The document ceased to be valid since January 1, 2020 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060