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

of July 29, 2016 No. 352

About approval of Rules of issue of permission to fund raising of shareholders

According to the subitem 11) article 5 of the Law of the Republic of Kazakhstan "About equity in house construction" PRIKAZYVAYU:

1. Approve the enclosed Rules of issue of permission to fund raising of shareholders.

2. To provide to committee on cases of construction, housing and communal services of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within ten calendar days from the date of receipt of the registered order for inclusion 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 national economy of the Republic of Kazakhstan.

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

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 since October 10, 2016 and is subject to official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of July 29, 2016 No. 352

Rules of issue of permission to fund raising of shareholders

Chapter 1. General provisions

1. These rules of issue of permission to fund raising of shareholders (further – Rules) are developed according to the subitem 11) of article 5 of the Law of the Republic of Kazakhstan "About equity in house construction" (further – the Law), according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services", the Law of the Republic of Kazakhstan "About permissions and notifications" and determine approval procedure on fund raising of shareholders;

In these rules the following basic concepts are used:

1) the builder in the field of equity in house construction (further – the builder) – the legal entity performing activities for the organization of equity in house construction of apartment apartment houses by own and (or) attracted money by means of participation in the authorized capital of the authorized company;

2) the authorized company – the legal entity, hundred percent of voting shares (shares in the authorized capital) which belong to the builder, performing activities for ensuring shared-equity construction of the apartment apartment house and realization of shares in the apartment apartment house which is not engaged in any other business activity, except for activities in special economic zones;

3) the shareholder – physical person (except for temporarily staying foreigners) or the legal entity who signed the agreement on equity in house construction for the purpose of receipt of share in the apartment apartment house.

2. The state service "Issue of Permission to Fund Raising of Shareholders" (further – the state service) appears local executive bodies of areas, cities of Astana, Almaty and Shymkent, areas, cities of regional value (further – the service provider).

Chapter 2. Approval procedure on fund raising of shareholders

3. Legal entities - the builder and the authorized company (further - uslugopoluchatel), for receipt of the state service send to the service provider through the web portal of "the electronic government": www.egov.kz, www.elicense.kz (further - the portal) or Non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation) the following documents:

under the organization of equity in house construction by method of participation in the project of bank of the second level:

1) the statement for issue of permission to fund raising of shareholders in form, according to appendix 1 to these rules;

2) the acceptance act of object in operation, confirmatory experience of the realized construction objects of apartment apartment houses, including as the customer, the contractor (prime contractor) in total, at least three years, with a total area at least eighteen thousand square meters in case of construction in the cities of republican value, the capital and at least nine thousand square meters in case of construction in other administrative and territorial units;

3) the act on the parcel of land belonging on the right of temporary paid land use (lease) granted by the state or on the property right (in the absence of data in information system of "the single State Immovable Property Cadastre");

4) the design estimates of the construction project of the apartment apartment house with the positive conclusion of complex non-departmental examination.

under the organization of equity in house construction by method of fund raising of shareholders after construction of framework of the apartment apartment house:

1) the statement for issue of permission to fund raising of shareholders in form, according to appendix 1 to these rules;

2) the acceptance act of the object in operation confirming experience of the realized objects including as the customer, the contractor (prime contractor) in total, within the last five years, construction and commissioning in the territory of the Republic of Kazakhstan apartment apartment houses with a total area at least sixty thousand square meters in case of construction in the cities of republican value, the capital and at least thirty thousand square meters in case of construction in other administrative and territorial units. At the same time total experience of the affiliated organizations of the builder is considered;

3) the act on the parcel of land belonging on the right of temporary paid land use (lease) granted by the state or on the property right (in the absence of data in information system "The state database "Register of the Real Estate");

4) the design estimates of the construction project of the apartment apartment house with the positive conclusion of complex non-departmental examination;

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