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

of September 30, 2016 No. 432

About approval of Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee or agreements within renovation

According to Item 1 of article 31 of the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction" I ORDER:

1. Approve the enclosed Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee or agreements within renovation.

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 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 September 30, 2016 No. 432

Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee or agreements within renovation

Chapter 1. General provisions

1. These rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee or agreements within renovation (further – Rules) are developed according to Item 1 of article 31 of the Law of the Republic of Kazakhstan "About equity in housing construction" (further – the Law) and determine procedure for consideration of documents by the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee or agreements within renovation.

2. Requirements imposed to the builder and authorized company under the organization of equity in housing construction by method of receipt of guarantee of the Single operator are determined by articles 8 and 8-1 of the Law.

Order taking by the Single operator is performed on permanent basis through information system of the Single operator, except for case when threshold value of capital adequacy ratio of the Single operator, stipulated in Item the 7th article 28 of the Law is reached about what it is specified on Internet resource of the Single operator.

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

1) guarantee – the obligation of the Single operator of housing construction on the organization of completion of construction of the apartment apartment house and (or) complex of individual apartment houses in case of approach of warranty case and transfer of share in the apartment apartment house and (or) complex of individual apartment houses to shareholders under agreements on equity in housing construction and (or) to shareholders within renovation under agreements on equity in housing construction within renovation;

2) warranty case – the event or set of events determined by this Law with which approach at the Single operator of housing construction arise the obligation on completion of construction of the apartment apartment house and (or) complex of individual apartment houses and responsibility to shareholders under the agreement on provision of a guarantee for equity in housing construction and (or) before shareholders within renovation under the agreement on provision of a guarantee for equity in housing construction within renovation;

3) the agreement on renovation within guarantee (further – the agreement on renovation) – the agreement signed between the Single operator of housing construction, the builder and the authorized company about conditions of provision of a guarantee for equity in housing construction within renovation;

4) the condition suspensive – condition or set of conditions with which approach the parties have rights and obligations according to the trust management agreement of voting shares (shares in the authorized capital) the authorized company in case of approach of warranty case.

5) object of renovation - the construction objects located in the territory of the Republic of Kazakhstan and included in the program of renovation according to town-planning projects;

6) the agreement on provision of a guarantee for equity in housing construction within renovation (further – the agreement on provision of a guarantee within renovation) – the agreement signed between the Single operator of housing construction, the builder, the authorized company and all owners of object of renovation or the real estate entering object of renovation, according to the procedure and on the conditions determined by this Law;

7) the agreement on provision of a guarantee for equity in housing construction (further – the agreement on provision of a guarantee) – the agreement signed between the Single operator, the builder and the authorized company according to the procedure and on the conditions determined by this Law;

8) the builder in the field of equity in housing construction (further – the builder) – the legal entity performing activities for the organization of equity in housing 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;

9) the Single operator of housing construction (further – the Single operator) – the mortgage organization with direct or indirect participation of the state in the authorized capital which purpose is participation in realization of state policy in the field of ensuring availability of housing to the population of the Republic of Kazakhstan via mechanisms of mortgage lending and provision of rent housing, development of shared-equity housing construction, and also ensuring availability of financial resources to construction industry;

10) 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;

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