ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 22, 2016 No. 517

About approval of the Standard agreement on subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives

According to subitem 34-28) of Item 2 of article 14 of the Law of the Republic of Kazakhstan "About rail transport" I ORDER:

1. Approve the enclosed Standard agreement on subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

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 state registration in the Ministry of Justice of the Republic of Kazakhstan, and also the Republican center of legal information within five working 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 for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

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 for Investments and Development 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 investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of June 22, 2016, No. 517

The standard agreement on subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives

city ____________

"____" __________ 20 __ years

___________________________________________________________________
                    (name of state body),

hereinafter referred to as "Authorized body", on behalf of

__________________________________________________________________,
              (position, surname, name, middle name (in case of its availability)

acting on the basis of the __________________________________________,
                            (the name of the document confirming powers)

on the one hand, и___________________________________________________,
                                    (full name of financial institution)

hereinafter referred to as "Financial institution", on behalf of

____________________________________________________________________,
                (position, surname, name, middle name (in case of its availability)

acting on основании____________________________________________
                            (the name of the document confirming powers)

on the other hand,

____________________________________________________________________
    (name of carrier, operator of cars (containers), operator
  locomotive draft in passenger traffic and the operator of locomotive draft)

hereinafter referred to as "Borrower",

in лице________________________________________________________________,
                        (position, surname, name, middle name (in case of its availability)

acting on основании__________________________________________________________
                                                 (the name of the document confirming powers)

from the third party, the "Parties" which together are referred to as, according to the protocol on results of consideration of requests for subsidizing at the expense of budgetary funds of rates of remuneration when crediting and financial leasing for acquisition of cars and locomotives from "___" ________ 20 __ years, signed this agreement (further - the Agreement) as follows.

Chapter 1. General provisions

1. The authorized body performs subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives by the Borrower in the amount of ______ % (__________________________) (interest rate in cursive script) provided according to the republican budget program No. ___ "Subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives" (further - subsidizing).

2. The financial institution performs repayment of rate of remuneration in the amount of ______ % (____________________________) on account of execution (interest rate in cursive script) obligations of the Borrower under the contract of bank loan or financial leasing for acquisition of cars and engines No. ____ from "___" ___________ 20 __ years (further - the agreement of loan / financial leasing), at the expense of the money received from Authorized body according to this Agreement within subsidizing.

3. The borrower shall fulfill the obligations provided by this agreement and the agreement of loan / financial leasing.

Chapter 2. Rights and obligations of the parties

4. The authorized body shall perform subsidizing according to Rules of subsidizing of rates of remuneration when crediting and financial leasing for acquisition of cars and locomotives, the approved order of the Minister of investments and development of the Republic of Kazakhstan of June 16, 2016 No. 497 (it is registered in the Register of state registration of regulatory legal acts for No. 14002) (further - Rules).

5. The authorized body has the right:

1) to carry out monitoring of target use of borrowed funds based on the documents submitted by Financial institution and the Borrower at least once a year including with departure on the location of cars and locomotives;

2) to request and receive from the Financial institution and the Borrower documents and information (including documents of financial and economic activities) concerning acquisition of cars and locomotives within implementation of the agreement of loan / financial leasing according to which subsidizing is performed;

3) to exercise control of adherence to deadlines of obligation fulfillment of the Borrower, established by this Agreement, provided for the Parties and to require their timely execution by the Borrower and Financial institution;

4) to terminate based on the carried-out monitoring this Agreement in cases:

identifications of the facts of inappropriate use of borrowed funds by the Borrower or Financial institution;

overdue debt under the agreement of loan / financial leasing within 120 calendar days in a row.

5) to suspend subsidizing, in case of identification of the facts of overdue debt under the agreement of bank loan / to the agreement of financial leasing, and also seizure of accounts and withdrawal of subject of leasing at the Borrower in cases, stipulated by the legislation the Republic of Kazakhstan.

6. The borrower shall:

1) to fulfill the obligations timely and in full under the agreement of loan / financial leasing;

2) to make remuneration payment to bank / leasing company regarding not subsidized rate of remuneration according to the repayment schedule according to the agreement of loan / financial leasing;

3) to provide to Authorized body by its written request documents and information (including documents of financial and economic activities), the cars and locomotives concerning acquisition within implementation of the agreement of loan / financial leasing according to which subsidizing is performed;

4) not to transfer and not to open information on conditions and implementation of this agreement to the third parties without prior written consent of the Parties;

To provide 5) within 3 working days, the corresponding supplementary agreements certified by Financial institution, in case of introduction of amendments and amendments to the agreement of loan / financial leasing;

To represent 6) annually till December 1 to Authorized body information on use of borrowed funds and the achieved results;

7) to inform the Representative of bodies changes of heads, the name, details, legal and actual addresses.

7. The borrower has the right:

1) to demand from Authorized body of payment of subsidies to Financial institution on account of obligation fulfillment of the Borrower under the agreement of loan / financial leasing on acquisition of cars and locomotives for all term of the agreement of loan / financial leasing on the terms and conditions of this agreement;

2) to obtain information on the transferred amounts subsidies within obligation fulfillment of Authorized body on subsidizing;

3) to specify documents and the information provided in Authorized body.

8. The financial institution shall:

To notify 1) within 3 working days Authorized body on agreement cancelation of loan / financial leasing with the Borrower;

2) to make return of the amounts, in case of early termination, unused subsidies in the income of the republican budget during 10 banking days, since date of termination of this Agreement;

3) to notify within 3 working days Authorized body in case of untimely repayment by the Borrower of payment according to the loan agreement / financial leasing or non-execution by the Borrower more than one month (under the agreement of financial leasing – 2 and more times in a row) obligations on payment of payments to Financial institution;

To provide 4) within 7 working days to Authorized body the settlement reconciliation statement between the Borrower and Financial institution in case of termination of this Agreement, partial or complete early repayment of principal debt under the agreement of loan / financial leasing by the Borrower;

5) to keep special account on separate bank accounts on the listed subsidies;

6) to inform Authorized body on changes of heads, the name, details, legal and actual addresses;

7) to receive the consent of the Borrower to provision of the data which are bank secrecy, to bodies of the state audit.

9. The financial institution has the right:

1) to demand from Authorized body of timely transfer of subsidies on the terms and conditions of this agreement;

2) to obtain information on the transferred amounts subsidies within obligation fulfillment of Authorized body on subsidizing.

Chapter 3. Procedure for settlement

10. Payment of subsidies from the republican budget is made according to individual funding plan on payments (further - the Funding plan) and the schedule of subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives under the agreement of loan / financial leasing in form, according to appendix to the Standard Agreement on subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives.

The funding plan after agreement signature of subsidizing affirms Authorized body in coordination with Financial institution and the Borrower within 5 working days.

11. The borrower no later than the 10th of payment of subsidies specified in funding plan provides to Authorized body the request for money transfer from the republican budget on the settlement account of Financial institution in form, according to appendix 4 to Rules (further - the request) with appendix of the report on the actual charge and repayment of rate of the remuneration when crediting or financial leasing provided by Financial institution in form according to appendix 5 to Rules.

12. In case of disagreement with the submitted documents according to Item 11 of this Agreement of the Party no more than 7 calendar days this in time make refining.

13. The authorized body no later than 7 working days following behind day of provision of the request performs transfer of the amount of subsidies to Financial institution lump sum payment in 12 months according to this Agreement.

14. For implementation of transfer of the amount of subsidies to Financial institution, the Authorized body creates the sheet for subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives according to the budget program for form, according to appendix 6 to Rules.

15. For transfer of subsidies the Authorized body represents to Financial institution the account register to territorial subdivision of treasury for payment and accounts for payment in duplicate.

Chapter 4. Responsibility of the parties

16. The parties bear responsibility for non-execution and (or) improper execution of obligations under this agreement according to the legislation of the Republic of Kazakhstan.

17. The signature of this agreement the Borrower provides consent to Authorized body on:

1) provision to the interested third parties of information and the documents received within this Agreement on the credit on which subsidizing, including bank and trade secret is performed;

2) publication in mass media of the name of the Borrower, the name of the region in which the project, names and project descriptions of the Borrower, and also industry is implemented.

18. The authorized body does not bear responsibility for authenticity of the documents provided by the Borrower and Financial institution.

19. In case of non-presentation by the Borrower of documents according to Item 11 of this Agreement the Authorized body provides deduction in the form of penalty for each 20 days of delay in the amount of 0,01 of % of the amount of the planned amount of subsidies for the corresponding year according to this Agreement.

At the same time, further responsibility for repayment of payments to delivery of remuneration within the agreement of loan / financial leasing taking into account payment of subsidies is born by the Borrower.

20. In case of non-execution by the Borrower the subitem 6) of Item 6 of this Agreement, the Borrower pays penalty for each 20 days of delay in the amount of 0,01 of % of the amount of the planned amount of subsidies for the corresponding year according to this Agreement.

Chapter 5. Force majeur circumstances

21. The parties are exempted from liability for non-execution, or improper execution of the obligations under this agreement if the impossibility of performance was consequence of force majeur circumstances.

22. In case of approach of force majeur circumstances, the Party for which the impossibility of performance of its obligations under this agreement was created timely within 10 working days from the moment of approach informs other Party on such circumstances. At the same time nature, the action period, the fact of approach of force majeur circumstances shall be confirmed by the relevant documents of authorized state bodies.

23. In the absence of the timely notice, the Party compensates to other Party the harm done not by the notice or the untimely notice.

24. Approach of force majeur circumstances causes increase in completion date of this Agreement for their action.

25. If such circumstances proceed more than 3 months in a row, then the either party has the right to refuse further obligation fulfillment under this agreement.

Chapter 6. Final provisions

26. The agreement becomes effective with "___" "_________" 20 __ years and is effective to ___ ____ 20_ years. Expiration of the contract does not exempt the Party from obligation fulfillment regarding settlement.

27. The agreement can be terminated under the mutual agreement of the Parties or upon the demand of one of the Parties, in case of non-execution of obligations by other Party.

28. The unilateral refusal from agreement performance or unilateral agreement cancelation is performed according to the civil legislation of the Republic of Kazakhstan.

29. In case of early agreement cancelation, the party initiating termination shall notify in writing on it other party at least a month before agreement cancelation.

30. The parties will resolve the arisen disputes and disagreements by negotiations, in case of impossibility of permission of disagreements by negotiations - judicially, according to the legislation of the Republic of Kazakhstan.

31. All changes and amendments to this Agreement, are constituted according to the legislation of the Republic of Kazakhstan in writing on state and (or) Russian in duplicate on one for each of the Parties having identical legal force and signed by both Parties.

32. This Agreement is signed in Nour-Sultan's city "___" by _________ 20 __ years in triplicate, in one copy for each of the Parties having identical legal force.

Chapter 7. Details and signatures of the parties

Authorized body	Financial institution	Borrower
________________ Locus sigilli	_______________ Locus sigilli	______________ Locus sigilli

 

Appendix

to the Standard Agreement on subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives

Form

The schedule of subsidizing of rate of remuneration when crediting and financial leasing for acquisition of cars and locomotives under the agreement of loan / financial leasing from ____________ 20 ___ years No. _______

year	General rate of remuneration of Financial institution	Total amount of remuneration of Financial institution	The remuneration rate which is subject to subsidizing	The amount of remuneration subsidized by Authorized body	Remuneration rate, due for settlement Borrower	Amount, repayments of rate of remuneration by the Borrower

 

Authorized body	Financial institution	Borrower
________________ Locus sigilli	_______________ Locus sigilli	______________ Locus sigilli

 

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