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

of June 20, 2022 No. 46

About modification and amendments in the order of the Minister of national economy of the Republic of Kazakhstan of January 29, 2020 No. 5 "About approval of standard forms of the Agreement on subsidizing and guaranteeing, Agreements of subsidizing, the Agreement of subsidizing on Islamic financing, Agreements of subsidizing of rate of coupon remuneration on bonds, Agreements of guarantee, the Contract on provision of grant for realization of the new business ideas within the State program of support and business development "The road map of business-2025"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of January 29, 2020 No. 5 "About approval of standard forms of the Agreement on subsidizing and guaranteeing, Agreements of subsidizing, the Agreement of subsidizing on Islamic financing, Agreements of subsidizing of rate of coupon remuneration on bonds, Agreements of guarantee, the Contract on provision of grant for realization of the new business ideas within the State program of support and business development "The road map of business-2025" (it is registered in the Register of state registration of regulatory legal acts for No. 19959) the following changes and amendments:

state heading in the following edition:

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

state Item 1 in the following edition:

"1. Approve:

1) standard form of the Agreement on subsidizing and 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.";

in standard form of the agreement on subsidizing and guaranteeing within the State program of the support and business development "The road map of business-2025" approved by the specified order:

to state heading of form of the agreement in the following edition:

"The standard agreement about subsidizing and guaranteeing within the national project on development of entrepreneurship for 2021 - 2025";

state preamble in the following edition:

"This Agreement about subsidizing and guaranteeing within the national project

on development of entrepreneurship for 2021 - 2025 (further – the Agreement) it 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 resolution

The governments of the Republic of Kazakhstan of October 12, 2021 No. 728 (further – the National project);

The mechanism of crediting and financial leasing of priority projects approved by the resolution

The governments 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

entrepreneurships for 2021 - 2025 (further – Rules of subsidizing), Rules of provision

portfolio subsidizing of part of rate of remuneration and partial guaranteeing on the credits /

to the 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 lease payment,

constituting the income of Islamic banks, when financing of subjects by Islamic banks

entrepreneurships 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

subsidizings of rate of coupon remuneration on the bonds issued by subjects

entrepreneurships within the national project on development of entrepreneurship

for 2021 - 2025 (further – Rules of subsidizing of rate of coupon remuneration), approved

the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060.";

1, of 2, of 3, of 4, 5 and 6 to state Items in the following edition:

"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. Under the terms of this Agreement the regional coordinator transfers to the financial agency the funds provided for subsidizing and 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. 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 / Islamic leasing company 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 12 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.";

state Items 8 and 9 in the following edition:

"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.";

state the Section 9 "Legal Addresses, Bank Details and Signatures of the Parties" in the following edition:

"

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)

";

in standard form of the agreement of subsidizing within the State program of the support and business development "The road map of business-2025" approved by the specified order:

to state heading of form of the agreement in the following edition:

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

state preamble in the following edition:

"Joint-stock company" fund of development of entrepreneurship "Lady" on behalf of _____________________________________,

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