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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 for the conclusion of the agreement on provision of a guarantee

(as amended on 25-04-2023)

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

1. Approve the enclosed Rules of consideration of documents according to the construction project of the apartment apartment house for the conclusion 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 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 September 30, 2016 No. 432

Rules of consideration of documents according to the construction project of the apartment apartment house for the conclusion of the agreement on provision of a guarantee

Chapter 1. General provisions

1. These rules of consideration of documents according to the construction project of the apartment apartment house constructions are developed for the conclusion of the agreement on provision of a guarantee (further - Rules) according to the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing" (further - the Law) and regulate procedure for consideration of documents according to the construction project of the apartment apartment house for the conclusion of the agreement on provision of a guarantee under the organization of equity in housing construction by method of receipt of guarantee of the Single operator of housing construction (further - the Single operator).

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 article 8 of this Law.

Chapter 2. Acceptance and accounting of requests of the Builder and Authorized company of the Single operator

3. The request according to the construction project from the Builder and the Authorized company (further - the request) is accepted in form according to appendix 1 to these rules.

4. 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.

5. The builder and the Authorized company attach to the request the list of documents according to appendix 2 to these rules. At the same time the funding plan of the construction project is constituted in form, according to appendix 3 to these rules.

In case of the repeated address the Builder with the new construction project within one year, provision of the documents to the Single operator specified in Item 1, the subitem 1) of Item 2, the subitem 1) of Item 8 and the subitem 3) of Item 9 of appendix 2 to these rules is not required. This requirement does not extend to documents to which changes and (or) additions to the repeated address in the Single operator were made.

6. The term of consideration of the request constitutes twenty working days from the date of the appeal of builder and the authorized company about the conclusion of the agreement on provision of a guarantee. Day of the appeal of builder and authorized company day of receipt in the Single operator of the corresponding request with necessary documents is considered.

In the presence of notes according to the considered request the Single operator sends to completion the relevant documents with establishment of term for elimination of notes no more than five working days. At the same time the term of consideration of the request stops.

Chapter 3. Procedure for consideration of the request of the Builder and Authorized company under the organization of equity in housing construction by method of receipt of guarantee of the Single operator

7. Consideration of the request by the Single operator provides the following stages:

1) check of completeness of the provided documents according to the construction project of the apartment apartment house according to the list of the documents specified in appendix 2;

2) registration of the request and the analysis of the provided documents according to the construction project of the apartment apartment house;

3) decision making about the conclusion or about motivated refusal in the conclusion of the agreement on provision of a guarantee.

8. The decision of the Single operator on the conclusion or motivated refusal in the conclusion of the agreement on provision of a guarantee are based on analysis results of the submitted documents.

9. The analysis of documents according to the construction project of the apartment apartment house includes financial and legal evaluation.

10. Financial assessment provides:

1) the analysis of the financial reporting, calculation of the main indicators characterizing financial condition of the authorized company and builder;

2) analysis of sources of financing of the project;

3) analysis of adequacy of price policy of the authorized company;

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