ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 23, 2016 No. 232

About approval of Rules of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery

According to the subitem 41) Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories", PRIKAZYVAYU:

1. Approve Rules of subsidizing of rates of remuneration on the credits, and also leasing of processing equipment, agricultural machinery and for acquisition of farm animals, according to appendix 1 to this order.

2. Recognize invalid orders of the Minister of Agriculture of the Republic of Kazakhstan, according to appendix 2 to this order.

3. To provide to department of investment policy and financial instruments of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation 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, and also within five working days in the Republican state company "Republican Center of Legal Information" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of state bodies.

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective after day of its first official publication.

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of May 23, 2016 No. 232

Rules of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery

Chapter 1. General provisions

1. These rules of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery (further - Rules) are developed according to the subitem 41) of Item 1 of article 6 of the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" and determine procedure for subsidizing of rates of remuneration by the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery for the account and within the means provided in the budget for the corresponding financial year (further - subsidies).

2. Main objective of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery is increase in availability of financial services to subjects of agro-industrial complex (further - the AIC).

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

1) the conditional head of farm animal - transfer of livestock of farm animals in the conditional head of cattle, according to the coefficients of transfer of livestock of farm animals in the conditional head of cattle specified in appendix 1 to these rules;

2) farm animals - the animals cultivated by the person (cattle, small cattle, horses, camels and pigs) directly related to farm-production;

3) the agreement of subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery - the written agreement signed between working body, financial institution and the operator, providing procedure and conditions of money transfer, responsibility of the parties, the list of borrowers according to which the working body subsidizes part of rate of remuneration according to the loan agreement of the borrower;

4) financial institutions - the banks of the second level, credit institutions having licenses for the right of banking operations, and also leasing companies and credit partnerships in the field of the AIC;

5) the borrower - physical person or legal entity irrespective of pattern of ownership, including the peasant farm which is engaged in production and/or conversion of agricultural products and also the physical person or legal entity which is rendering services in procurement, storage, transportation and realization of agricultural products, signed the loan agreement with financial institution;

6) the loan agreement - the loan agreement in the field of agro-industrial complex signed between financial institution and the borrower under the terms of whom the financial institution provides credit/leasing;

7) the servicing bank - the bank of the second level authorized by financial institution (for the leasing companies and rural credit partnerships which do not have the right of opening and maintaining business bank accounts) to perform functions on maintaining the special checking account of the financial institution intended for transfer and write-off of subsidies according to loan agreements;

8) leasing - transfer by financial institution of agricultural machinery, processing equipment and farm animals to temporary ownership and use with the right of the subsequent redemption for the entrepreneurial purposes;

9) operator - the organization performing operator services in subsidizing of rates of remuneration in credits/leasing;

10) the commission on distribution of means of subsidies (further - the commission) - the advisory advisory body headed by the deputy akim of area, city of republican value and the capital with participation of representatives of working body, financial institutions and the interested industry public organizations.

Deraptments of Agriculture of akimats of areas, cities of republican value and the capital are working bodies under the commissions on distribution of means of subsidies (further - working body)

11) processing equipment - the equipment on production and conversion of agricultural products consisting of the equipment of direct assignment and auxiliary without which application the complete production cycle cannot be provided.

Chapter 2. Conditions of receipt of subsidies

4. Receivers of subsidy are borrowers.

5. Subsidies are paid in case of observance of the following conditions:

1) giving by financial institution to the operator of the request for subsidizing of rates of remuneration on the credits and leasing of processing equipment, on acquisition of farm animals, and also to leasing of agricultural machinery (further - the request for subsidizing) in form, according to appendix 2 to these rules, with appendix of the following documents: the copy of the loan agreement certified by financial institution with appendix of the repayment schedule of the principal debt and remuneration concluded between financial institution and the borrower, the draft of the updated repayment schedule with calculations of subsidized/not subsidized rate of parts of remuneration in paper form and the electronic edited format and also statements from the loan account of the borrower about receipt of the credit (for banks of the second level) or the document confirming transfer of credit/transfer of subject of leasing;

2) the loan agreement shall correspond to the following criteria:

it is concluded till July 1, 2015 with the fixed nominal rate of remuneration no more than 14% (fourteen) annual in tenge and no more than 10% (ten) in foreign currency;

it is concluded since July 1, 2015 with the fixed nominal rate of remuneration no more than 19% (nineteen) annual in tenge and no more than 10% (ten) in foreign currency;

purpose is replenishment of current assets, acquisition of fixed assets and construction, leasing on acquisition of farm animals, the equipment and processing equipment, and also complete early or partial repayment of the borrowed funds allocated for replenishment of current assets for acquisition of fixed assets and construction, on acquisition of farm animals, the equipment and processing equipment;

the rate of remuneration shall not be subsidized according to other state and/or budget programs;

budget funds and National fund of the Republic of Kazakhstan shall not be source of financing of credit/leasing;

lack of unexecuted obligations on repayment of principal debt and remuneration for date of the appeal of the borrower to financial institution.

Subsidizing is not performed under agreements of returnable leasing, subleasing.

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