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

of January 29, 2020 No. 5

About approval of standard forms of agreements on separate measures of the state support of private entrepreneurship

According to the order of the Government of the Republic of Kazakhstan of December 31, 2019 "About some measures of the state support of private entrepreneurship" I ORDER to No. 1060:

1. Approve:

1) standard form of the Agreement on subsidizing and (or) guaranteeing within the National project on development of entrepreneurship for 2021 - 2025 according to appendix 1 to this order;

2) standard form of the Agreement of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 according to appendix 2 to this order;

3) standard form of the Contract of subsidizing of part of markup for goods and parts of the lease payment constituting the income of Islamic banks when financing of subjects of entrepreneurship by Islamic banks within the national project on development of entrepreneurship for 2021 - 2025 according to appendix 3 to this order;

4) standard form of the Agreement of subsidizing of rate of coupon remuneration on the bonds issued by subjects of entrepreneurship within the national project on development of entrepreneurship for 2021 - 2025 according to appendix 4 to this order;

5) standard form of the Agreement of guaranteeing on the credits / to financial leasing within the national project on development of entrepreneurship for 2021 - 2025 according to appendix 5 to this order;

6) standard form of the Agreement of provision of state grants for realization of the new business ideas within the national project on development of entrepreneurship for 2021 - 2025 according to appendix 6 to this order;

7) standard form of the Agreement of guaranteeing on the bonds issued by subjects of private entrepreneurship within the national project on development of entrepreneurship for 2021 - 2025 according to appendix 7 to this order;

8) standard form of the Agreement of accession according to appendix 8 to this order.

2. Recognize invalid some orders of the Minister of national economy of the Republic of Kazakhstan of the list according to appendix 9 to this order.

3. To provide to department of the state support of entrepreneurship in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

3) 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) and 2) of this Item.

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 after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 29, 2020 No. 5

Form

The standard agreement about subsidizing and (or) guaranteeing within the national project on development of entrepreneurship for 2021 - 2025

city ____________

"" 20th years

This Agreement about subsidizing and (or) guaranteeing within the national project on development of entrepreneurship for 2021 - 2025 (further – the Agreement) is signed between:

1) "The regional coordinator":

____________________________________________________________ on behalf of ________________________________, acting on the basis of the ___________________________________________________, and

2) "The financial agency":

Joint-stock company "Fund of development of entrepreneurship "Lady" on behalf of ____________________, acting on the basis of the _______________________________________________,

jointly referred to as "Party", and everyone "Party" or as it is stated above, according to:

The national project on development of entrepreneurship for 2021 - 2025 approved by the order of the Government of the Republic of Kazakhstan of October 12, 2021 No. 728 (further – the National project);

Regional financing of subjects of small private and medium private business according to the Rules of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 approved by the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060;

The mechanism of crediting and financial leasing of priority projects approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 (further – the Mechanism);

Rules of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 (further – Rules of subsidizing), Rules of provision of portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits/microcredits of subjects small, including microentrepreneurships within the national project on development of entrepreneurship for 2021 - 2025 (further – Rules of portfolio subsidizing and guaranteeing), Rules of subsidizing of part of markup on goods and parts of the lease payment constituting the income of Islamic banks when financing of subjects of entrepreneurship by Islamic banks within the national project on development of entrepreneurship for 2021 - 2025 (further – Rules of subsidizing when financing by Islamic banks) and Rules of guaranteeing on the credits / to financial leasing within the national project on development of entrepreneurship for 2021 - 2025 (further – Rules of guaranteeing), Rules of subsidizing of rate of coupon remuneration on the bonds issued by the subjects of entrepreneurship within the national project on development of entrepreneurship for 2021 - 2025 (further – Rules of subsidizing of rate of coupon remuneration) approved by the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060.

1. Terms and determinations

1. In this Agreement the following main terms and determinations are used:

1) the regional coordinator – determined by the akim of area (the capitals, the cities of republican value) structural division of local executive body;

2) bank – bank of the second level within implementation of the National project / Mechanism;

3) development bank – Development Bank of Kazakhstan joint-stock company and/or its affiliated leasing company;

4) bank - the payment agent – the authorized bank of leasing company approved with the financial agency also performs functions on maintaining the special account of the leasing company intended for transfer and write-off of subsidies on projects;

5) Islamic bank – the bank of the second level performing the banking activity provided by Chapter 4-1 of the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" based on the license;

6) Islamic leasing company – the legal entity created in the form of joint-stock company, not being bank, performing the activities according to Chapter 2-1 of the Law of the Republic of Kazakhstan "About financial leasing";

7) leasing company – the participant of the leasing transaction performing activities within implementation of the National project / Mechanism;

8) the organization performing microfinancial activities (further – IFI) – the microfinancial organization performing activities for provision of the microcredits;

9) authorized body of the financial agency – the permanent collegiate organ performing the activities within the powers conferred to it by the Charter of the financial agency, Credit policy of the financial agency and fixed by internal documents of the financial agency;

10) subsidies – the periodical payments on non-paid and irretrievable basis paid by the financial agency to bank / leasing company within subsidizing of entrepreneurs based on agreements of subsidizing;

11) subsidizing – the form of the state financial support of entrepreneurs used for partial expense recovery paid by the entrepreneur to bank / leasing company as remuneration on credits/leasing in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur.

2. Subject of the agreement

2. Under the terms of this Agreement the regional coordinator transfers to the financial agency the funds provided for subsidizing and (or) guaranteeing at the expense of means of local budgets.

Return of means to the regional coordinator, in case of sequestration of transfer amount, is performed based on the corresponding letter of the regional coordinator with indication of the amount of return and details for return of means.

3. Rights and obligations of the Parties

3. The financial agency has the right:

1) to exercise control of adherence to deadlines of obligation fulfillment, established by this Agreement and to require their timely execution;

2) to control and require timely transfer by the regional coordinator of money under this agreement;

3) not to list subsidy to bank/bank of development / to Islamic bank / the leasing company / the Islamic leasing company / IFI before receipt of necessary means from the regional coordinator;

4) to stop payments of subsidies according to Rules of subsidizing, Rules of portfolio subsidizing and guaranteeing, Rules of subsidizing when financing by Islamic banks and Rules of subsidizing of rate of coupon remuneration.

4. The financial agency shall:

1) to transfer the amounts of subsidies into the special checking account opened in bank/bank of development / Islamic bank / the leasing company / the Islamic leasing company / банке-платежном the agent;

2) to notify the regional coordinator on the arisen need for money transfer for subsidizing of entrepreneurs;

3) within 3 (three) working days after signing of each agreement of guarantee to send the adequate written notice to the regional coordinator;

4) to carry out the monitoring provided by the National project / Mechanism;

5) to sign agreements of guaranteeing in the presence of means from the budget;

6) to accept documents of the entrepreneur and to submit projects for consideration of authorized body of the financial agency in the presence of means for subsidizing from the budget;

7) within the National project / Mechanism monthly / on leasing quarterly to 25 (twenty fifth) following reporting is sent to the regional coordinator / to authorized body by the report on subsidizing on form according to appendix 11 to Rules of subsidizing.

5. The regional coordinator has the right:

To request 1) from the financial agency information on development of the money listed on subsidizing and guaranteeing within the National project / Mechanism;

2) to demand from the financial agency of target use of the money listed on subsidizing and guaranteeing within the National project / Mechanism.

6. The regional coordinator shall:

1) from the moment of receipt of funds, provided for subsidizing, within 10 (ten) working days to transfer to the financial agency funds, in the amount of 50% of the amount allocated for implementation of the National project / Mechanism in the corresponding financial year for the accounts specified by the financial agency and to make the subsequent payments according to requests of the financial agency;

2) within 3 (three) working days after receipt of the notification from the financial agency to make money transfer to the financial agency, the credits provided for guaranteeing in the amount of 20% of the sum of each guarantee issued determined in the Agreement of guarantee within Rules of portfolio subsidizing and guaranteeing, Rules of guaranteeing and the Mechanism;

3) within 3 (three) working days after receipt of the request from the financial agency to make money transfer for subsidizing to the financial agency, provided in funding plan on payments;

4) if the amount of means for subsidizing specified in the request is not provided in funding plan on payments, within 1 (one) month from the date of receipt of the request to make changes to funding plan on payments and to make money transfer for subsidizing;

5) in case of lack of the request of the financial agency not to perform transfer of the remained means provided for subsidizing of entrepreneurs.

4. Responsibility of the parties

7. Each of the Parties in this Agreement bears responsibility for non-execution and (or) improper execution of the obligations following from this Agreement according to the civil legislation of the Republic of Kazakhstan.

8. Between the regional coordinator and the financial agency quarterly till the 15th day of the second month following reporting quarter acts of reconciliations on the enlisted means and amounts of subsidizing within this Agreement are signed.

9. Between the regional coordinator and the financial agency quarterly till the 25th following reporting quarter acts of reconciliations on the enlisted means and amounts of guaranteeing are signed.

5. Force majeure circumstances

10. Force majeure circumstances - circumstances of impossibility of complete or partial execution of the either party of agreement obligations (the spontaneous phenomena, military operations, force majeur circumstances). At the same time nature, the action period, the fact of approach of force majeure circumstances are confirmed by the relevant documents of authorized state bodies.

11. The parties are exempted from liability for non-execution, or improper execution of the obligations under the Agreement if the impossibility of performance was consequence of force majeure circumstances.

12. In case of approach of force majeure circumstances the Party for which the impossibility of performance of its agreement obligations was created, timely, within 10 (ten) working days from the moment of approach informs other Parties on such circumstances.

13. In the absence of the timely notice the Party shall indemnify to other Party the loss caused by not notice or the untimely notice.

14. Approach of force majeure circumstances causes increase in term of a contract for their action.

15. If such circumstances proceed more than 2 (two) months in a row, then each of the Parties has the right to refuse further obligation fulfillment under the Agreement.

6. Dispute resolution

16. All disputes and disagreements connected or following from the Agreement are permitted by negotiations between the Parties. The disputes which are not settled in the negotiation way are permitted judicially according to the civil legislation of the Republic of Kazakhstan.

7. Change of terms of the contract

17. Provisions of this agreement can be changed and added according to the procedure, provided by the civil legislation of the Republic of Kazakhstan. And obligatory for the Parties only those changes and amendments which are constituted in the consent of the Parties in writing are recognized valid and are signed by authorized representatives of the Parties, and are under seal (in the presence).

8. Final provisions

18. In case of change of legal status of the Parties, all rights and obligations under the Agreement and into agreement performance, including the rights and obligations which arose in connection with settlement of the arisen disputes and disagreements pass to legal successors of the Parties.

19. This Agreement represents complete mutual understanding of the Parties in connection with subject of this agreement and replaces with itself all previous written or verbal agreements and arrangements which were available between them concerning the subject of the agreement.

20. This Agreement is constituted in () identical copies in the Kazakh and Russian languages on () to copy in the Kazakh and Russian languages for each of the Parties, each of which has equal legal force.

21. This Agreement becomes effective from the date of signing by all Parties and is effective before full implementation of the agreement obligations by the Parties.

22. In all other, not provided by this Agreement, the Parties are guided by the civil legislation of the Republic of Kazakhstan.

9. Legal addresses, bank details and signatures of the Parties

Regional coordinator (Public institution)

Financial agency joint-stock company "Fund of development of entrepreneurship "Lady"

Republic of Kazakhstan city ________________ street ________________ ______________ phone BIN _________________ IIK KZ ______________ BIC _________________ KBE _________________ GU "________________" locus sigilli (in the presence)

Republic of Kazakhstan city _______________________ street _______________________ _____________________ phone Details for transfer of means for subsidizings within national project BIN ________________________ IIK KZ _____________________ BIC ________________________ KBE ________________________ JSC ________________________ Details for transfer of means for subsidizings within the Mechanism BIN _________________________ IIK KZ ______________________ BIC _________________________ KBE _________________________ JSC _________________________ Details for transfer of means on the instrument of guaranteeing BIN _________________________ IIK KZ ______________________ BIC _________________________ KBE _________________________ JSC _________________________ locus sigilli (in the presence)

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 29, 2020 No. 5

Form

The standard agreement of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025

city ____________

"" 20th years

Joint-stock company "Fund of development of entrepreneurship "Lady" on behalf of ____________________________________, acting on the basis of the
__________________________________________________________, the hereinafter referred to as "financial agency", on the one hand, and Joint-stock society / Limited liability partnership, "bank/bank of development / the leasing company / the microfinancial organization performing microfinancial activities on provision of the microcredits (further – IFI) ________________________" on behalf of _____________________________, acting on the basis of the __________________________________________, hereinafter referred to as "bank / the leasing company / IFI", on the other hand, and _______________________________________ on behalf of ______________________, acting on the basis of the ____________________, hereinafter referred to as "Receiver", the "Parties" which jointly are referred to as, and separately "Party" or as it is stated above, signed this agreement of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 (further – the Agreement) according to:

The national project on development of entrepreneurship for 2021 - 2025 approved by the order of the Government of the Republic of Kazakhstan of October 12, 2021 No. 728 (further – the National project); The Rules of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 approved by the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060 (further – Rules of subsidizing); The Mechanism of crediting and financial leasing of priority projects approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting" (further – the Mechanism); the protocol No. from "___" 20 __ years of meeting of authorized body of the financial agency.

1. Terms and determinations

1. In this Agreement the following main terms and determinations are used:

1) priority sectors of economy within Rules of the subsidizing/mechanism – priority sectors of economy according to the general qualifier of types of economic activity (further – OKED);

2) bank – bank of the second level within implementation of Rules of the subsidizing/mechanism;

3) development bank (further – bank) – Development Bank of Kazakhstan joint-stock company and (or) its affiliated leasing company;

4) bank - the payment agent – the authorized bank of the leasing company / IFI which is approved with the financial agency and performs functions on maintaining the special account of the leasing company / IFI intended for transfer and write-off of subsidies on projects;

5) "green" projects – the projects directed to increase in efficiency of use of the existing natural resources, decrease in level of negative impact on the environment, increase in energy efficiency, energy saving, mitigation of the consequences of climate change and adaptation to climate change determined on the basis of the approved classification (taxonomy) according to the ecological legislation of the Republic of Kazakhstan;

6) "green" taxonomy – the classification of the "green" projects which are subject to financing through "green" bonds and the "green" credits, approved by the order of the Government of the Republic of Kazakhstan of December 31, 2021 No. 996 "About approval of classification (taxonomy) of the "green" projects which are subject to financing through "green" bonds and the "green" credits";

7) authorized body of the financial agency – permanent collegiate organ of joint-stock company "The fund of development of entrepreneurship "Lady" performing the activities within the powers conferred to it by internal acts on consideration and decision making of opportunity/impossibility and termination/renewal of subsidizing of the project of the Receiver;

8) the agreement of financial leasing – the written agreement signed between the leasing company / bank and the entrepreneur under the terms of whom the leasing company / bank provides to the entrepreneur financial leasing;

9) the microcredit – the money provided to IFI, to the borrower in national currency of the Republic of Kazakhstan in the amount of and procedure, determined by the Law of the Republic of Kazakhstan "About microfinancial activities", on the terms of the paid nature, urgency and recoverability;

10) the agreement on the microcredit – the agreement on provision of the microcredit according to which IFI provides to the borrower the microcredit;

11) the microfinancial organization – the organization performing microfinancial activities on provision of the microcredits;

12) the agreement of subsidizing – the tripartite written agreement signed between the financial agency, bank / the leasing company / IFI and the entrepreneur under the terms of whom the financial agency partially subsidizes remuneration rate on the credit/microcredit/leasing of the entrepreneur issued by bank / the leasing company / IFI;

13) subsidies – the periodical payments on non-paid and irretrievable basis paid by the financial agency to bank / the leasing company / IFI within subsidizing of entrepreneurs based on agreements of subsidizing;

14) subsidizing – the form of the state financial support of the entrepreneurs used for partial expense recovery, paid by the entrepreneur to bank / the leasing company / IFI as remuneration on credits/microcredit/leasing in exchange for accomplishment in the future the certain conditions relating to operating activiies of the entrepreneur.

2. Subject of the agreement

2. Under the terms of this Agreement the financial agency performs subsidizing of part of rate of remuneration of the Receiver on the credit/microcredit/leasing received in ______________ (the name of the financial organization) with the following provisions:

The agreement of bank loan / agreement on the microcredit/agreement of financial leasing	No. from "__" 20 ___ years
Purpose
In case of the credit for the purposes of implementation of "green" projects: category(categories) of "green" taxonomy to which the "green" project belongs
The amount of credit/microcredit/leasing on start date of term of subsidizing
Currency of credit/microcredit/leasing of financing
Remuneration rate
Term of credit/microcredit / leasing
Special conditions

3. Subsidizing is made at the expense of means of republican and local budgets according to Rules of subsidizing.

4. Bank / the leasing company / IFI after the conclusion of this Agreement provides to the financial agency the agreement of bank loan / agreement on the microcredit/contract of financial leasing with appendix of the repayment schedule signed with the Receiver (the copy certified by the signature of the official and seal (in the presence) of bank / the leasing company / IFI).

5. Subsidizing is performed within _____________ the ______________________ directions (the name of the direction) of Rules of the subsidizing/mechanism.

6. Part of rate of remuneration on credit/microcredit/leasing in the amount of __________ is subject to subsidizing, at the same time part of rate of remuneration in the amount of ________ pays the financial agency, and other part of rate of remuneration in the amount of _________ the Receiver, according to the schedule of repayments to the Agreement of subsidizing pays for form according to appendix to this Agreement (further - Appendix).

7. The remunerations added by bank / the leasing company / IFI and not paid by the Receiver on overdue debt are not subject to subsidizing.

8. Money transfer, provided for subsidizing, is performed by the financial agency on the current account opened in bank / банке-платежном the agent by, monthly, advance payments (once/several times a month) according to the schedule of repayments to the Agreement of subsidizing in form according to Appendix.

Money transfer, provided for subsidizing, on projects of entrepreneurs, is performed by the financial agency based on the notification of bank / the leasing company / IFI about the fact of carrying out complete payment by the entrepreneur on credit/microcredit/leasing (principal debt, the subsidized and not subsidized part of remuneration) or the payments covering the forthcoming obligations of the Receiver by subsidized part of remuneration for the short-term period proceeding from payment schedules to agreements of subsidizing, in case of lowering of the credit rating and other signs of deterioration in financial condition of banks / банка-платежного the agent (approach of one or several cases), including:

in case of lowering of the credit rating from the international rating agencies it is lower than the level "B" on scale of ratings Standard&Poors;

in case of decrease in value of coefficient of K4 it is lower than the 0,4 level;

in case of violation of prudential standard rates within 2 (two) months in a row.

In case, corrections at bank / банка-платежного the agent of the indicators stated above transfer by the financial agency of the means provided for subsidizing is performed by advance payments (once/several times a month) taking into account the payment schedule to the agreement of subsidizing.

9. Beginning of term of subsidizing: ____________ years.

10. The financial agency after the signature of this agreement pays subsidies.

11. The parties within this Agreement agreed that if day of payment is the share of day off or holiday, payment is made for the working day following it.

3. Rights and obligations of the Parties

12. The financial agency shall:

1) timely to fill up the current account opened in bank / банке-платежного the agent by the amount sufficient for subsidizing, on the terms and conditions of this agreement;

2) for the purpose of provision of the report in authorized body to perform monitoring of implementation of the National project / Mechanism regarding subsidizing of rate of remuneration on credits/microcredits/leasing;

3) to take measures for ensuring compensation by the Receiver of paid amount of remuneration in case of establishment of the facts of inappropriate use of borrowing facilities and (or) discrepancies of the project of the Receiver to conditions of Rules of the subsidizing/mechanism, including judicially.

13. The financial agency has the right:

1) not to transfer subsidy in case of non receipt funds from the regional coordinator within Rules of subsidizing / authorized body on entrepreneurship within Rules of the subsidizing/mechanism;

2) to perform the Receiver regarding target use of means. Demand from the Receiver the documents and data confirming target use of credit/microcredit/subject of leasing;

3) to request and receive from bank / the leasing company / IFI documents and information on the Receiver, and also on implementation of the agreement of bank loan / agreement on microcredits/agreements of the financial leasing participating in the National project / Mechanism;

4) with the prior written notice of bank / the leasing company / IFI to perform monitoring of compliance of the project and (or) the Receiver to conditions of Rules of the subsidizing/mechanism, monitoring of target use of means on which subsidizing, with departure to the place of project implementation within the rights provided in the agreement of bank loan / the agreement on the microcredit/contract of financial leasing between bank / the leasing company / IFI and the Receiver, at least 1 (one) time in half-year is performed;

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