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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

(as amended on 31-03-2021)

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

The single operator of housing construction (further - the Single operator), 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 single operator shall provide the organization of completion of construction of the apartment apartment house in case of approach of warranty case, and also transfer of share in the apartment apartment house 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 apartment house 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:

1) the Positive decision of the Single operator on the conclusion of the agreement on provision of a guarantee (The protocol No. ___ from "___" ______ 20 __ years);

2) the Agreement on rendering engineering services in the sphere of equity in housing construction from "___" _______ 20 __ years No. ____, signed between the Single operator, the Authorized company and engineering company;

3) the Agreement of pledge of the land site / the rights to the land site / the rights to object of construction in progress from "___" ____ 20 __ years No. ____, concluded between the Authorized company and the Single operator;

4) the Agreement of pledge of shares/share in the authorized capital from "___" _______ 20 __ years No. ____, concluded between the Builder and the Single operator;

5) the Trust management agreement of shares/shares in the authorized capital from "___" _______ 20 __ years No. ____, concluded between the Single operator and the Builder;

6) the Construction contract from "___" _______ 20 __ years No. ____, signed between the Authorized company and the Contractor (Prime contractor);

7) the Bank account agreement signed between the Authorized company and bank of the second level from "___" _______ 20 __ years No. ____.

Chapter 3. Guarantee fee

5. The authorized company shall pay to the Single operator the guarantee fee in the amount of __________________________ (the amount in figures and copy-book) tenge in time, no later than 3 (three) banking days from the moment of the conclusion of this Agreement.

6. The guarantee fee paid by the Authorized company to return is not subject.

7. In case of rise in price of project cost in connection with value addition of installation and construction works by results of examination of the design estimates of the Project for ten and more percent during action of this Agreement the amount of the guarantee fee is subject to revision towards increase at the amount, determined according to the Technique of determination of the size of the guarantee fee approved according to the subitem 8) of article 5 of the Law.

8. In case of agreement cancelation about provision of a guarantee, in the absence of shareholders according to the register of the signed agreements of equity in housing construction on accounting in local executive body, the remaining balance of the guarantee fee is subject to return of the authorized company.

Chapter 4. Warranty case and responsibility on the Guarantee

9. The decision of the Single operator on possible approach of warranty case is made by results:

1) monitoring of construction of the apartment apartment house;

2) monthly and other reports of engineering company;

3) information obtained from the authorized company, authorized body in the field of architectural, town-planning and construction activities;

4) written address of the shareholder (shareholders).

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