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

of July 28, 2016 No. 343

About approval of standard form of the agreement on provision of a guarantee

(The last edition from 13-07-2018)

According to the subitem 3) article 5 of the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction" PRIKAZYVAYU:

1. Approve the enclosed standard form of the agreement on provision of a guarantee.

2. To provide to committee on cases of construction and 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 five working 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.

Minister of national economy of the Republic of Kazakhstan

K. Bishimbayev

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of July 28, 2016 No. 343

Standard form of the agreement on provision of a guarantee city

___________                                                                                                 "___" ______ 20 ___ years

Fund of guaranteeing housing construction (further – Fund of guaranteeing), on behalf of __________________________, acting on the basis of the ___________ on the one hand, ____________________________________________________, hereinafter referred to as "Builder", on behalf of _________________________, acting on the basis of the ____________, on the other hand and _______________________________________, hereinafter referred to as "The authorized company", on behalf of ___________________________________, acting on the basis of the __________, from the third party, further jointly referred to as "Parties", and separately "Party", according to requirements of the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction", (further – the Law), signed this agreement (further – the Agreement) as follows.

Chapter 1. Subject of the agreement

1. The fund of guaranteeing shall provide the organization of completion of construction of the apartment house (residential building) in case of approach of warranty case, and also transfer of share in the apartment house (residential building) from the Authorized company to shareholders under agreements of equity in housing construction (further – the Guarantee).

2. Subject of the Agreement are obligations of the Authorized company on construction of the apartment house (residential building) on the ___________________ project (further - the Project), its acceptance in operation, according to the procedure, established by the legislation of the Republic of Kazakhstan, not later _________________.

Chapter 2. Conditions of provision of a guarantee

3. The builder and the Authorized company conform to the requirements established in article 8 of the Law.

4. Decisions and agreements which conclusion precedes the conclusion of this Agreement:

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