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

of September 30, 2016 No. 434

About approval of Rules of accounting by local executive bodies of agreements on equity in house construction, and also agreements on assignment of the rights of requirements for them

According to the subitem 4) article 5 of the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in house construction" PRIKAZYVAYU:

1. Approve the enclosed Rules of accounting by local executive bodies of agreements on equity in house construction, and also agreements on assignment of the rights of requirements for them.

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 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. Declare invalid:

1) the order of the Minister of national economy of the Republic of Kazakhstan of December 3, 2014 No. 124 "About approval of Rules of implementation of accounting of agreements on equity in house construction" (registered in the Register of state registration of regulatory legal acts at No. 10070, published in information system of law of Ad_let of February 4, 2015);

2) Item 6 of the list of orders of the Ministry of national economy of the Republic of Kazakhstan to which changes and amendment are made, the Minister of national economy of the Republic of Kazakhstan approved by the order of September 15, 2015 No. 637 "About modification and amendments in some orders of the Ministry of national economy of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts at No. 12158, published in information system of law of Ad_let of October 26, 2015).

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

5. 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 September 30, 2016 No. 434

Rules of accounting by local executive bodies of agreements on equity in house construction, and also agreements on assignment of the rights of requirements for them

Chapter 1. General provisions

These rules of accounting by local executive bodies of agreements on equity in house construction, and also agreements on assignment of the rights of requirements for them (further - Rules) are developed according to the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in house construction" (further - the Law) and establish procedure for accounting of agreements on equity in house construction, and also agreements on assignment of the rights of requirements for them.

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

1) authorized body in the field of equity in house construction (further - authorized body) - the central executive body performing management and also within the competence cross-industry coordination in the field of equity in house construction;

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 house (residential building) and realization of shares in the apartment house (residential building) which has no right to be engaged in any other business activity, except for activities in special economic zones.

2. Accounting of the agreement on equity in house construction (further - the Agreement), represents the systematized, periodically filled up and specified list of information about the shareholder and the share belonging to it, the agreement on equity in house construction. Accounting of Agreements, is conducted by local executive body of area, city of republican value, the capital, area, city of regional value (further - local executive body) in the location of the apartment house (residential building) (further - the residential building) on representation to the Authorized company.

3. The authorized company according to these rules within five working days from the date of the conclusion of the Agreement submits to local executive bodies documents, stipulated in Item 9 these rules, for implementation of accounting of the Agreement.

4. Implementation of accounting includes:

1) introduction of logging of accounting of agreements on equity in house construction (further - the Magazine) in form according to appendix 1 to these rules;

2) information servicing of the representative and other bodies, banks of the second level, Fund of guaranteeing house construction, and also shareholders;

3) updating, including accounting of introduction of amendments to the Agreement, removal of the Agreement from accounting with indication of date and the basis;

4) accounting and maintaining information on encumbrances of banks of the second level within agreements on provision of loans to physical persons on acquisition of share in house construction.

5. The magazine is numbered, proshnurovyvatsya and sealed local executive body.

6. When accounting the Agreement, the changes made to it, and also the Agreement on assignment of the rights of requirements by the local executive body makes check regarding their compliance to the standard form of the agreement on equity in house construction (further - standard form of the agreement) approved by authorized body according to the subitem 2) of article 5 of the Law and also regarding availability of earlier registered third party rights to share in the apartment house (residential building).

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