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 "About equity in house construction" and according to the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" 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.

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

1. 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 subitem 4) 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" (further – the Law on state services) and determine procedure for 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. In these rules the following basic concepts are used:

1) the automated check – verification of the electronic agreement on equity in house construction on compliance to the Standard form of the agreement on equity in house construction, and also regarding availability of earlier registered third party rights to share in the apartment apartment house, performed by the software of unified information system of equity in house construction;

2) Single contact center – the legal entity determined by authorized body in the field of rendering the state services, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;

3) 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;

4) the agreement on equity (further – the Agreement) – the agreement signed between the authorized company and the shareholder, regulating the legal relationship of the parties connected with equity in house construction in case of which one party shall provide construction of the apartment apartment house or complex of individual apartment houses and to transfer in house construction upon completion of construction to the second party share in the apartment apartment house or complex of individual apartment houses, and the second – to make payment and to accept share in the apartment apartment house or complex of individual apartment houses;

5) the electronic copy of the agreement on equity in house construction – the agreement on equity in house construction which is completely reproducing type and information (data) of the authentic agreement on equity in house construction in electronic and digital form;

6) the electronic agreement on equity in house construction – the agreement on equity in house construction in which information is provided in electronic and digital form and it is certified by means of the digital signature, corresponding to the Standard form of the agreement on equity in house construction (further – the Standard form) approved by the order of the Minister of national economy of the Republic of Kazakhstan of July 28, 2016 No. 345 (it is registered in the Register of state registration of regulatory legal acts for No. 14185);

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