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 and (or) complex of individual 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 or complex of individual apartment houses and realization of shares in the apartment apartment house or complex of individual apartment houses which has no right to be engaged in any other business activity, except for activities in special economic zones;

3) the shareholder – physical person (except for temporarily staying foreigners), the legal entity or person performing activities according to cooperation agreement (particular partnership, consortium) which signed the agreement on equity in house construction for the purpose of receipt of share in the apartment apartment house or complex of individual apartment houses.

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 documents provided by the List of the main requirements to rendering the state service according to appendix 2 to these rules.

4. The list of the main requirements to rendering the state service including methods, terms, form, result taking into account features of provision of the state service are stated in the List of the main requirements to rendering the state service according to appendix 2 to these rules.

5. In case of submission of documents through:

1) Portal:

the statement for issue of permission to fund raising of shareholders in form, according to appendix 1 to these rules of the state service in electronic form, the uslugopoluchatel certified by the EDS;

the electronic copy of documents of the these rules specified in Item 3.

To Uslugopoluchatel the status about adoption of the statement for rendering the state service with indication of date and time of receipt of result of the state service goes to "personal account".

The service provider performs document registration and the data, in day of their receipt.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon.

2) State corporation:

the statement for issue of permission to fund raising of shareholders in form, according to appendix 1 to this rule of the state service;

documents in Item 3 of these rules are submitted by uslugopoluchatel their copies. After reconciliation originals of documents return to uslugopoluchatel.

The employee of the State corporation in case of acceptance of the complete document issues the receipt on acceptance of the relevant documents with indication of number and date of documents acceptance and the date of receipt of result of the state service.

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