of March 10, 2017 No. 109
About some measures for program implementation of development of productive employment and mass entrepreneurship for 2017-2021
According to subitems 159-1), 159-2), 159-3) of Item 16 of the Regulations on the Ministry of Agriculture of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of April 6, 2005 No. 310, for the purpose of program implementation of development of the productive employment and mass entrepreneurship for 2017 - 2021 approved by the order of the Government of the Republic of Kazakhstan of December 29, 2016 No. 919 of PRIKAZYVAYU:
1) Rules of crediting and microcredit in the small cities and rural settlements according to appendix 1 to this order;
2) Rules of guaranteeing on the microcredits issued by the microfinancial organizations and credit partnerships in the rural zone and the small cities according to appendix 2 to this order;
3) Rules of subsidizing of operating expenses of the microfinancial organizations according to appendix 3 to this order.
2. To provide to department of investment policy and financial instruments of the Ministry of Agriculture 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) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions, and also in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and 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 Agriculture of the Republic of Kazakhstan.
The deputy prime minister of the Republic of Kazakhstan is the Minister of Agriculture of the Republic of Kazakhstan
It is approved
Minister of Labour and Social Protection of the population of the Republic of Kazakhstan
March 13, 2017
______________ T. Duysenova
It is approved
Minister of Finance of the Republic of Kazakhstan
March 13, 2017
______________ B. Sultanov
It is approved
Minister of national economy of the Republic of Kazakhstan
March 13, 2017
______________ T. Suleymenov
to the Order of the Deputy prime minister of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of March 10, 2017 No. 109
1. These rules of crediting and microcredit in the small cities and rural settlements (further – Rules) are developed within the second direction of the Development program of the productive employment and mass entrepreneurship for 2017 - 2021 approved by the order of the Government the Republic of Kazakhstan of December 29, 2016 No. 919 (further – the Program) and determine procedure for crediting and microcredit in the small cities and rural settlements (regardless of their administrative subordination).
2. In these rules the following basic concepts are used:
1) authorized body in the field of development of agro-industrial complex (further – Authorized body) – the central executive body of the Republic of Kazakhstan performing management and cross-industry coordination in the field of development of agro-industrial complex;
2) local executive body concerning agricultural industry (further – Deraptment of Agriculture) – the structural division of local executive bodies realizing management functions by agricultural industry;
3) participants of measures for crediting and microcredit in rural settlements (regardless of their administrative subordination) and the small cities (further – Participants) – the unemployed, irrespective of registration in employment centers, and both agricultural cooperatives and their members, self-employed with entrepreneurial potential;
4) agricultural cooperative – the legal entity in form of business of production cooperative created on the basis of membership by voluntary merging of physical persons and/or legal entities for implementation of joint productive and/or other economic activity for the purpose of satisfaction of their social and economic needs for production, conversion, sale, storage of agricultural products, products of aquaculture (fish breeding), supply with means of production and material resources, crediting, water supply or other field service of members of cooperative and also associated members of cooperative;
5) local executive body (akimat) (further – MIO) – the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;
6) the unemployed – the persons who are not belonging to occupied population, looking for work and ready to work;
7) the guarantor – Kazagrogarant joint-stock company;
8) guarantee – the document confirming subsidiary responsibility of the guarantor to the creditor according to obligations of the borrower;
9) the creditor – "Fund of Financial Support of Agricultural Industry" joint-stock company (further – JSC FFPSH), the microfinancial organization, credit partnerships;
10) the microcredit – the borrowed funds provided by the microfinancial organizations / FFPSH credit partnerships / autonomous areas to the borrower under the agreement on provision of microdomestic currency loan of the Republic of Kazakhstan on the terms of the paid nature, urgency and recoverability and security;
11) credit partnership (further – KT) – the legal entity created by physical persons and/or legal entities for requirements satisfaction of his participants in the credits and other financial, including banking services by accumulation of their money and at the expense of other sources which are not forbidden by the legislation of the Republic of Kazakhstan;
12) loan – the amount of money provided by the organization of microcredit, the microfinancial organizations and credit partnerships based on the credit agreement on the terms of urgency, the paid nature, recoverability and target use. Loan can be issued by both the single amount, and parts (tranches);
13) operator of non-financial support – National chamber of entrepreneurs of Atameken;
14) the organization of microcredit – Agrarian Credit Corporation joint-stock company;
15) the microfinancial organization (further – IFI) – the legal entity, being the commercial organization which official status is determined by state registration in judicial authorities and passing of accounting registration, performing activities for provision of the microcredits, and also the additional types of activity permitted by the Law of the Republic of Kazakhstan "About the microfinancial organizations";
16) startup projects – business projects of Participants of the Program which term of state registration as legal person / registration of the status of the individual entrepreneur constitutes at the time of the address to the creditor behind the microcredit less than one year;
17) independently busy – physical persons from among the goods which are individually occupied with production (realization), works and services for income acquisition, members of production cooperatives, unpaid employees of family companies (farms) and employers using work of hired employees;
18) the applicant – physical person or legal entity, declared on assignment to it participant status and applying for receipt of the credit or microcredit within the Program;
19) employment center – the public institution created by local executive body of the area, the cities of regional and republican value, the capital for the purpose of realization of active measures of assistance of employment, the organization of social protection from unemployment and other measures of assistance of employment according to the Law of the Republic of Kazakhstan of April 6, 2016 "About employment of the population";
20) the small city – the city with population size to 50 thousand people specified in appendix 2 to the Development program of regions till 2020 approved by the order of the Government of the Republic of Kazakhstan of June 28, 2014 No. 728;
21) the beginning entrepreneur – the entrepreneur whose term of state registration as the individual entrepreneur or the legal entity constitutes at the time of the appeal to KT/IFI behind the credit/microcredit less than three years.
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