of January 31, 2023 No. 64
About modification and amendments in the orders 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" and of December 31, 2019 No. 1060 "About some measures of the state support of private entrepreneurship"
The government of the Republic of Kazakhstan DECIDES:
1. Bring the following changes and amendments in some decisions of the Government of the Republic of Kazakhstan:
1) in 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":
in the mechanism of crediting and financial leasing of priority projects approved by the specified resolution:
to state part one of item 4 in the following edition:
"4. Conditions of provision of means of BVU and AKK:
The National Bank of the Republic of Kazakhstan at the expense of own means and means which are in its management will perform acquisition of bonds of BVU and AKK on the amount to 1 trillion tenge from repayment period to 10 years on the final return rate tied to the size of the base rate established by National Bank of the Republic of Kazakhstan and increased no more than by percent point 1,5.";
in Item 7:
the fourth to state the paragraph to part one in the following edition:
"nominal rate of remuneration for SChP of no more base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four and a half) percent points. In case of limiting calculation of rate of remuneration the base rate established by National Bank of the Republic of Kazakhstan and operating at the time of decision making of BVU/LK on the project of the entrepreneur is considered;";
to state the paragraph of the sixth part one in the following edition:
"subsidizing term – up to 5 years inclusive, in case of this BVU, LX and AKK can provide the preferential period / delay on payment of not subsidized part of rate of remuneration and/or repayment of principal debt for the credit / financial leasing for the term of no more than one third of duration of term of the credit / financial leasing.";
third to state part in the following edition:
"At the same time the SChP projects are not subject to financing:
1) over 90 calendar days having overdue loan debt at the time of crediting or submission of the credit request according to data of credit bureau;
2) being faces tied with BVU, in LX and AKK performing financing or financial leasing, the special relations;
3) which are registered in the offshore zones specified in the resolution of board of the Agency of the Republic of Kazakhstan on regulation and development of the financial market of February 24, 2020 to No. 8 "About establishment of the List of offshore zones for the purposes of banking and insurance activity, activities of professional participants of the security market and other licensed types of activity in the security market activities of the joint-stock investment funds and organization activity performing microfinancial activities" (it is registered in the Register of state registration of regulatory legal acts for No. 20095), and also participants and (or) shareholders of which are registered in offshore zones;
4) entrepreneurs/subjects of industrial and innovative activities, fifty and more percent of shares (share in the authorized capital) which directly or indirectly belong to the state, national managing holding, national holding, the national company (except for social business corporation, and also SChP founded within the agreement on public-private partnership), and also SChP which pattern of ownership is drawn up as private institution.";
1) to state the subitem to part four in the following edition:
"1) lack of overdue tax debt at the time of application;";
to state paragraphs of the fifth and sixth of Item 9 in the following edition:
"Subsidizing of projects on conversion in agro-industrial complex, processing industry and services is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four and a half) percent points from which 7% SChP will be paid, and the difference to be subsidized with the state.
Subsidizing of projects in processing industry on OKED 1101 (distillation, rectification and mixing of alcoholic drinks) is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four and a half) percent points from which 7,5 of % will be paid with SChP, and the difference to be subsidized with the state.";
to state part one of Item 10 in the following edition:
"10. Conditions of guaranteeing SChP projects:
BVU credits / financial leasing of LX with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four and a half) percent points for BVU/LK decision date are subject to guaranteeing. The guarantee size within one project of the borrower cannot exceed 50% of credit amount, to 1 billion tenges inclusive. On financial leasing the maximum size of guarantee cannot exceed 70% of the cost of subject of leasing which amount does not exceed 1 billion tenges inclusive. Acceptance as collateral security of real and/or personal estate, and also guarantees of founders/participants/shareholders and/or the third parties is allowed.";
the first and second Item 12 to state parts in the following edition:
"12. The financial agency will perform:
1) monitoring of target use of the new credit and financial leasing of SChP with which the agreement of subsidizing is signed;
2) collection and information analysis on target and timely financing of the provided means of BVU, Fund of Development of the Industry joint-stock company (further – FRP) and AKK.
Collection and information analysis on target and timely financing of the provided means of BVU, FRP and AKK are performed by the financial agency based on the report of BVU, FRP and AKK according to Rules of carrying out the analysis of target use of the means by banks of the second level provided within the mechanism of crediting of priority projects, the approved authorized body on entrepreneurship.";
2) in the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060 "About some measures of the state support of private entrepreneurship":
Item 1 to state 1) in the following edition:
"1. Approve enclosed:
1) 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;
2) Rules of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025;
3) 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;
4) Rules 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;
5) Rules of guaranteeing on the credits / to financial leasing within the national project on development of entrepreneurship for 2021 - 2025;
6) Rules of provision of state grants for realization of the new business ideas within the national project on development of entrepreneurship for 2021 - 2025;
7) Rules of leading of production (industrial) infrastructure within the national project on development of entrepreneurship for 2021 - 2025;
8) Rules of provision of non-financial measures of support of entrepreneurship within the national project on development of entrepreneurship for 2021 - 2025;
9) Rules of guaranteeing on the bonds issued by subjects of entrepreneurship within the national project on development of entrepreneurship for 2021 - 2025;
10) Rules of provision of investment grants "Basekege кабілеттілік", the subjects of small business directed to increase in competitiveness, within the national project on development of entrepreneurship for 2021 - 2025.";
2) in 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, approved by the specified resolution:
in Item 2:
add with subitem 1-1) of the following content:
"1-1) subjects of social entrepreneurship – the individual entrepreneurs and legal entities (except for subjects of big business) included in the register of subjects of social entrepreneurship;";
6) to state the subitem in the following edition:
"6) the entrepreneur – small business entity, including microentrepreneurships, and also the subject of social entrepreneurship determined according to the Entrepreneurial code of the Republic of Kazakhstan;";
8) to state the subitem in the following edition:
"8) target use of the credit/microcredit – use by the entrepreneur of the credit/microcredit received according to the loan agreement on the purposes corresponding to conditions of these rules (target use is confirmed by the relevant documents which in total confirm payment and obtaining by the entrepreneur in full of assets/works/services and (or) achievement of other purposes, in accordance with the terms of these rules);";
add with Item 6-1 of the following content:
"6-1. Are not subject to subsidizing and guaranteeing within the "Support of Micro and Small Business" direction:
1) the projects of entrepreneurs realized on the types of activity specified in item 4 of article 24 of the Entrepreneurial code of the Republic of Kazakhstan;
2) the credits/microcredits in which creditor are national institutes of development;
3) the credits/microcredits, the remuneration rate on which was reduced the price at the expense of budgetary funds, except for credits/microcredits / financing of BVU/IFI which rate of remuneration was reduced the price within implementation of these rules;
4) the credits/microcredits directed to the redemption of shares, shares of the organizations, and also companies as property complex;
5) the credits in the form of the overdraft.";
state Item 7 in the following edition:
"7. Portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing are performed on credits/microcredits/financing, activities of pawnshops, the microfinancial, factoring organizations and leasing companies directed to the investment purposes and replenishment of current assets without industry restrictions, except for, and also in the field of trade (trade in food is allowed).
For subjects small, including the microentrepreneurships realizing projects in mono - and the small cities, rural settlements, portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing are performed without industry restrictions, except for activities of pawnshops, the microfinancial, factoring organizations and leasing companies.
For subjects of social entrepreneurship subsidizing and guaranteeing are performed without industry restrictions.
The maximum amount of credit/microcredit/financing on the investment purposes on which are performed portfolio subsidizing of part of rate of remuneration/markup on goods of the Islamic bank constituting the income, and partial guaranteeing, constitutes no more than 20 (twenty) million tenges and on replenishment of current assets – no more than 5 (five) million tenges. The credits / микрокредиты / financing on replenishment of current assets are allowed in the form of credit line on renewable and/or non-renewable basis. The limit on one borrower constitutes 20 (twenty) million tenges. Repeated receipt of credit/microcredit/financing within the limit set by Rules in case of its repayment is allowed.";
in Item 9:
the paragraph one to state in the following edition:
"9. Portfolio subsidizing of part of rate of remuneration/markup on goods, the Islamic bank constituting the income, and partial guaranteeing are performed only on credits/microcredits/financing with nominal rate the remuneration/markup on goods, the Islamic bank constituting the income which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 7 (seven) percent points from which 6% are paid by the entrepreneur and difference it is subsidized with the state. For subjects small, including the microentrepreneurships realizing projects in mono - and the small cities, rural settlements, and also subjects of social entrepreneurship, subsidizing is performed on credits/microcredits/financing with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 7 (seven) percent points from which 5% are paid by the entrepreneur and difference subsidized with the state.";
the fifth to state the paragraph in the following edition:
"At the same time the size of portfolio partial guarantee for subjects small, including microentrepreneurships, and also subjects of social entrepreneurship constitutes to 85% inclusive of the amount of credit/microcredit/financing, the remained amount of credit/microcredit/financing becomes covered by the entrepreneur at the discretion of BVU/IFI.";
state Item 24 in the following edition:
"24. BVU/IFI carries out complex assessment / examination of financial and economic efficiency of the project. In case of acceptance of BVU/IFI of the positive decision on provision of credit/microcredit/financing with guarantee of the financial agency within portfolio guaranteeing BVU/IFI provides to the financial agency:
1) the copy of the credit agreement / agreement of financing and data on the automated service of the financial agency on the credit agreement / agreement of financing;
2) the letter notification in form according to appendix 2 to these rules.
At the same time, in case of data transmission on the automated service of the financial agency, the letter notification is not required.";
state Item 31 in the following edition:
"31. The financial agency pays guarantees for credits/microcredits/financing of BVU/IFI within 20 (twenty) working days from the moment of receipt of the requirement.";
state Item 38 in the following edition:
"38. When signing the credit agreement / agreement of financing the entrepreneur assumes liability on target use of borrowing facilities. In case of non-execution of this obligation by the entrepreneur:
1) subsidizing stops, the entrepreneur compensates to the financial agency the amount of the paid subsidies;
2) financing terms of the entrepreneur are reviewed according to which the nominal rate of remuneration does not exceed the base rate established by National Bank of the Republic of Kazakhstan and increased by 7 (seven) percent points.";
state Item 53 in the following edition:
"53. In case of the termination of subsidizing of part of rate of remuneration on credits/microcredits/financing of BVU/IFI review financing terms according to which the nominal rate of remuneration does not exceed the base rate established by National Bank of the Republic of Kazakhstan and increased by 7 (seven) percent points.";
add with Item 58-1 of the following content:
"58-1. Banks/IFIs perform monitoring of the project on compliance to conditions of these rules and the agreement on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing between BVU/IFI and the financial agency, namely:
monitoring of target use of the credit/agreement of the financing/microcredit in time no later than 1 (one) from the moment of the conclusion of the credit agreement / agreement of the financing/microcredit;
monitoring of payment discipline (on permanent basis);
monitoring of compliance of the project and (or) the entrepreneur to conditions of the national project, Rules and agreements on portfolio subsidizing of part of rate of remuneration/markup and partial guaranteeing in time no later than 1 (one) from the moment of the conclusion of the credit agreement / agreement of the financing/microcredit.";
state Item 59 in the following edition:
"59. The financial agency carries out monitoring in cases:
1) non-executions by the entrepreneur of obligations on repayment of the amount of principal debt according to the credit agreement within 60 (sixty) calendar days (or in other time established by the agreement of guarantee) according to investment projects (to the mixed credit lines on investment tranches);
2) identifications of inappropriate use of borrowing facilities of BVU/IFI independently according to subitems 1) and 2) Item 52 of these rules on condition of the direction of the notification to the financial agency.
On projects of portfolio subsidizing of part of rate of remuneration and partial guaranteeing by the financial agency selective monitoring is carried out.";
in appendix 3 to the specified Rules:
the thirteenth to state the paragraph in the following edition:
"This warranty obligation becomes effective from the moment of its signing and ___________ 20 ___ inclusive is effective years on" ___", expires completely and automatically irrespective of, this document will be returned to us or not. At the same time your written requirement shall be received by us no later than 16:00 hours on time of the city of Astana in the above-stated day.";
3) in the Rules of subsidizing of part of rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 approved by the specified resolution:
in Item 3:
add with subitem 2-1) of the following content:
"2-1) subject of social entrepreneurship – the individual entrepreneurs and legal entities (except for subjects of big business) included in the register of subjects of social entrepreneurship;";
add with subitem 6-1) of the following content:
"6-1) statement of bank / leasing company – the statement of bank / leasing company about accession to the agreement of accession;";
14) to state the subitem in the following edition:
"14) the entrepreneur – the subject of small and (or) medium business, including the subject of social entrepreneurship performing the activities within these rules of subsidizing and the subjects of private entrepreneurship performing the activities within the mechanism and also the legal entities registered in the territory of the International financial center "Astana";";
add with subitem 14-1) of the following content:
"14-1) statement of the entrepreneur – the statement of the entrepreneur for accession to the agreement of accession;";
add with subitems 17-1) and 17-2) of the following content:
"17-1) agreement of accession – the agreement of subsidizing in the form of the agreement of the accession of standard form approved by authorized body on entrepreneurship and placed on Internet resource of the financial agency which conditions are accepted by the entrepreneur and bank / leasing company by accession to the offered agreement in general;
17-2) payment schedule under the agreement of accession – the schedule signed within the agreement of bank loan / financial leasing between bank / leasing company and the borrower, approved according to the procedure, established by these rules of subsidizing;";
second and third Item 6 to state parts in the following edition:
"The means provided for subsidizing at the expense of means of the local budget within Rules of subsidizing are listed by the regional coordinator in the financial agency on the basis of the agreement on subsidizing and (or) guaranteeing signed between them.
The standard form of the agreement on subsidizing and (or) guaranteeing affirms authorized body on entrepreneurship.";
4) of Item 11 to state the subitem in the following edition:
"4) entrepreneurs whose pattern of ownership is drawn up as private institution;";
to state part one of Item 17 in the following edition:
"17. The amount of the credit/agreement of financial leasing is established taking into account all operating credits / leasing transactions on which subsidizing of part of rate of remuneration is performed. At the same time the amount of credit/leasing cannot exceed 3 (three) billion tenges for one entrepreneur, including for implementation of "green" projects. If credit / leasing for implementation of one business project is provided to several affiliated entrepreneurs, this amount cannot exceed 3 (three) billion tenges.";
state Items 22 and 23 in the following edition:
"22. Subsidizing is performed under credits/agreements of financial leasing, and also on the credits issued for implementation of "green" projects with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 5 (five) percent points from which 6% are paid by the entrepreneur and difference is subsidized with the state.
For the entrepreneurs performing the activities according to the list of the industries of processing industry according to appendix 1-1 to these rules of subsidizing and realizing projects in the city of Shymkent, the Turkestan, Mangystau, Atyrau, Aktyubinsk, West Kazakhstan, Kyzylorda, Jambyl regions, including in the regional centers of the specified regions, subsidizing is performed under credits/contracts of financial leasing with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 5 (five) percent points from which 5% are paid by the entrepreneur and difference subsidized with the state.
23. In case of limiting calculation of rate of remuneration the base rate established by National Bank of the Republic of Kazakhstan and operating at the time of the decision of bank / leasing company on the project of the entrepreneur is considered.";
third of Item 43 to state part in the following edition:
"In case of 100% financing on the purpose of replenishment of current assets according to projects on conversion and production in agro-industrial complex at the expense of own means of banks / leasing companies within the mechanism the following selection criteria are established:
lack of overdue tax debt at the time of application;
non-admission of the direction of funds for the purposes of carrying out calculations for the current payments on servicing of the credits / financial leasing.";
the first and second Item 50 to state parts in the following edition:
"50. Subsidizing of projects on conversion in agro-industrial complex, processing industry and services is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four and a half) percent points from which 7% are paid with subject of private entrepreneurship and difference subsidized with the state.
Subsidizing of projects in processing industry on OKED 1101 (distillation, rectification and mixing of alcoholic drinks) is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four and a half) percent points from which 7,5 of % will be paid with SChP, and the difference to be subsidized with the state.";
add with paragraph 4-1 of the following content:
"Paragraph 4-1. Conditions of subsidizing of part of rate of remuneration on credits/leasing of subjects of social entrepreneurship
68-1. The state support of subjects of social entrepreneurship, the stipulated in Article 232-1 Code, is performed without industry restrictions and accounting of place of registration and project implementation.
68-2. Subsidizing of rate of remuneration is performed on the new credits / to leasing transactions of bank / leasing companies issued for implementation of investment projects, and also the projects directed to upgrade, production expansion, replenishment of current assets.
68-3. To subsidizing the credits / leasing transactions which were earlier not getting the state support within these rules of subsidizing, directed to refinancing of the credits / leasing transactions, earlier issued by banks / leasing companies during 2 (two) years (term is estimated from date of issue of the first credit / leasing) before introduction of the project are also subject to the financial agency and corresponding to the criteria specified in these rules of subsidizing.
The projects of subjects of social entrepreneurship which got approval of the financial agency on the instrument of subsidizing can be refinanced in other banks / leasing companies on earlier approved subsidizing conditions.
68-4. Subsidizing of rate of remuneration is performed on credits/leasing, issued within social entrepreneurship on the purpose:
investments (acquisition, creation and upgrade of fixed assets and (or) expansion of the operating business);
replenishment of current assets (except for carrying out calculations for payment of the current payments on servicing of the credits / the leasing transactions and other purposes which are not connected with implementation by the subject of social entrepreneurship of the main activities).
68-5. To the new credits / to leasing transactions the credits / leasing transactions which are earlier issued by banks / leasing companies during 12 (twelve) months to introduction of the project to the financial agency also belong.
68-6. The amount of credit/leasing on which subsidizing of part of rate of remuneration is performed cannot exceed 1, one billion tenges for one subject of social entrepreneurship. On replenishment of current assets the credit amount constitutes to 500 (five hundred) million tenges for one subject of social entrepreneurship.
68-7. Subsidizing is performed on credits/leasing with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 5 (five) percent points from which 5% are paid by the subject of social entrepreneurship and difference subsidized with the state.
68-8. Subsidizing term on the credits / to leasing transactions constitutes 5 (five) years. The term of subsidizing of the credits / the leasing transactions allocated for replenishment of current assets constitutes 3 (three) years.
68-9. In case of decision making about subsidizing of the operating credit/leasing by the financial agency the bank / leasing company is compensated to the subject of social entrepreneurship of the commission, by the charges and/or other payments withheld during the period since the beginning of the current year to decision date by the financial agency in the current year.
At the same time data of the commission, charges and/or other payments are subject to compensation to the subject of social entrepreneurship within 3 (three) months from actual date of signing by all parties of the first agreement of subsidizing.
In case of untimely compensation by bank / leasing company to the subject of social entrepreneurship of the commissions received in the current year, charges and/or other payments bank / leasing company pay to the terms specified in this Item of Rules of subsidizing to the financial agency penalty in the amount of 50 (fifty) MRP.";
state Item 72 in the following edition:
"72. In cases of discrepancy of the project of the entrepreneur and (or) the provided materials to conditions of these rules of subsidizing and (or) representation of incomplete document package or the documents which are not corresponding to the established forms, the financial agency within 1 (one) working day returns bank/IFI / the leasing company / entrepreneur the submitted documents with indication of specific shortcomings according to the submitted documents for completion.
In cases of compliance of the entrepreneur and (or) the provided materials to conditions of these rules of subsidizing and (or) lack of shortcomings on document package the financial agency for the fourth day after receipt of document package submits the project of the entrepreneur for meeting of authorized body of the financial agency.
The financial agency refuses provision of subsidies with motivated reasons in cases of discrepancy of the project to the conditions specified in Items 10 and 11 of Chapter 1, paragraphs 1, of 2, of 3, of 5, of the 7 and 8 Chapter 2 of these rules of subsidizing.";
state Items 91 and 92 in the following edition:
"91. Banks/IFIs / leasing company on the operating credit/microcredit/leasing within these rules of subsidizing until agreement signature of subsidizing/filing of application of the entrepreneur write off penalties and penalty fee for non-execution by the entrepreneur of obligations on timely repayment of the principal debt and remuneration provided by the agreement of bank loan / the agreement on the microcredit/agreement of financial leasing, and under the new / existing credits/microcredits/agreements of financial leasing of bank/IFI / leasing company assume obligations not to levy and not to establish for the entrepreneur of the commission, the charges and/or other payments connected with credit/leasing, except for:
1) the conditions of the crediting/microcredit/agreement of financial leasing connected with changes initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur on credit/microcredit/leasing;
3) connected with carrying out independent assessment of subject of leasing, insurance of subject of leasing, registration of the agreement of pledge and removal of encumbrance;
4) connected with agreement performance of financial leasing (compensation of services of third parties, such as customs clearance, services of registration of subject of leasing by special bodies, services of banks).
92. Banks / leasing companies on the new credits / to leasing transactions within the mechanism assume obligations not to levy and not to establish for the subject of private entrepreneurship of the commission, the charges and/or other payments connected with credit/leasing, except for:
1) the terms for crediting connected with changes initiated by the entrepreneur;
2) the obligations levied for cause of infringement by the entrepreneur on credit/leasing;
3) connected with carrying out independent assessment of subject of pledge, registration of the agreement of pledge and removal of encumbrance;
4) payments on settlement cash servicing.";
state Item 94 in the following edition:
"94. In case of lack of means from the budget for subsidizing from the relevant authorized organ / the regional coordinator the agreement of subsidizing is not signed. Under the agreement of accession the payment schedule is not approved / the statement of the entrepreneur is not adopted by the financial agency.";
add with Items 101-1, 101-2, 101-3 and 101-4 of the following content:
"101-1. In case of subsidizing of part of rate of remuneration under credits/agreements of financial leasing under the agreement of accession the entrepreneur during effective period of the positive decision of authorized body of the financial agency which constitutes 3 (three) months signs the application of the entrepreneur and provides in bank / leasing company. The bank / leasing company direct the signed statement of the entrepreneur with the enclosed agreement of bank loan / financial leasing and the payment schedule under the agreement of accession to the financial agency during 3 (three) months from the date of decision making of authorized body of the financial agency.
The financial agency in the presence of means for subsidizing considers the application of the entrepreneur with the enclosed agreement of bank loan / financial leasing and the payment schedule under the contract of accession for compliance of the filled subsidizing conditions to the decision of authorized body of the financial agency, and also approves the payment schedule to the contract of accession for correctness of calculation of subsidized part of remuneration and confirms with the signature of the ranking officer within 3 (three) working days from the date of receipt of the statement of the entrepreneur.
In case of availability of notes the financial agency returns the application of the entrepreneur with the enclosed agreement of bank loan / financial leasing and the payment schedule under the agreement of accession during 1 (one) working day.
101-2. Payment of subsidies is performed based on the payment schedule under the agreement of the accession (with reflection of subsidized and not subsidized part of rate of remuneration) provided by bank / leasing company and approved by the financial agency.
Subsidizing term according to the payment schedule under the agreement of accession is established no more than in 30 (thirty) calendar days prior to day of signing by bank / leasing company and the entrepreneur of the payment schedule. The specified condition does not extend to the issued subsequent credits (tranches) within open credit lines, at the same time the subsequent payment schedules under the agreement of accession are represented without statement of the entrepreneur.
101-3. Subsidies on projects are paid in the presence of means from the corresponding regional coordinator / authorized body on entrepreneurship.
101-4. The payment date of subsidized part of rate of remuneration is determined by the entrepreneur, bank / leasing company independently. If charge of remuneration on credit/leasing begins from the date of, the signing of the payment schedule following behind day under the agreement of accession by the entrepreneur, bank / leasing company, during subsidizing day of signing of the payment schedule under the agreement of accession by the entrepreneur, bank / leasing company does not join.";
state Item 102 in the following edition:
"102. The bank opens for the financial agency the current account for transfer of the amounts of subsidies.";
add with Item 104-1 of the following content:
"104-1. The regional coordinator performs transfer to the financial agency of funds in the amount of 50% of the amount allocated for realization of the "Regional Financing of Subjects of Small Private and Medium Private Business" direction in the corresponding financial year for the account specified by the financial agency. The subsequent payments will be made according to requests of the financial agency.";
state Item 106 in the following edition:
"106. Money transfer, provided for subsidizing, is performed by the financial agency on the current account in bank/bank of development / банке-платежном the agent monthly advance payments (once/several times a month) taking into account the payment schedule to the agreement of the subsidizing/payment schedule under the agreement of accession. Thus after money transfer the financial agency at the same time notifies development/IFI bank/bank / leasing company by the direction of the copy of the document on money transfer by e-mail. In the notification the name of development/IFI bank/bank/, the region, the name of the entrepreneur, the amount of subsidies and the period for which payment is performed are specified to leasing company.";
the second Item 107 to state part in the following edition:
"In case of correction at bank/bank of development / 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 the subsidizing/payment schedule under the agreement of accession.";
add with Item 119-1 of the following content:
"119-1. In case of modification of the conditions of the current agreement of bank loan / agreement of financial leasing provided in the payment schedule when subsidizing under the agreement of accession bank / the leasing company sends the letter of bank / leasing company and the payment schedule under the agreement of accession taking into account changes to the financial agency.
At the same time, if the bank / leasing company is changed by the following conditions: the amount of credit/leasing and (or) rate of remuneration, change of the name entrepreneur/transfer of debt with change of individual identification number / бизнес-идентификационного numbers, these changes are submitted by the financial agency within 7 (seven) working days for consideration of authorized body of the financial agency. By results of consideration the authorized body of the financial agency makes the decision on opportunity/impossibility of modification of the operating financing terms which is drawn up by the protocol within 2 (two) working days from the date of decision making of the financial agency by authorized body.
The financial agency within 1 (one) working day after decision making of the financial agency by authorized body sends the copy of minutes abstract to bank / to leasing company and the entrepreneur.
In case of change of the conditions provided in the statement of the entrepreneur, the entrepreneur after receipt of the copy of the statement of the financial agency sends to bank / leasing company the additional statement to the agreement of accession which in turn, provides this statement with the changed schedule to the agreement of accession in the financial agency.";
4) and 5) of Item 129 to state subitems in the following edition:
"4) non-executions by the entrepreneur within 3 (three) months in a row of obligations on payment of payments to bank/IFI according to the payment schedule to the agreement of bank loan / to the agreement under the microcredit/agreement to the subsidizing/payment schedule under the agreement of accession, except as specified, arisen during action of extraordinary provision / situation;
5) non-executions by the entrepreneur 2 (two) and more times in a row of obligations on introduction of leasing payments to the leasing company / bank according to the repayment schedule of payments to the agreement of financial leasing / payment schedule under the agreement of accession, except as specified, arisen during action of extraordinary provision / situation;";
third of Item 130 to state part in the following edition:
"The termination or renewal of subsidizing are performed from the date of suspension of subsidizing by the financial agency, at the same time in case of inappropriate use of the credit/microcredit / the leasing transaction subsidizing stops in proportion to the amount of inappropriate use of credit means / leasing transactions. On the rest of credit/microcredit/leasing confirming target use and in case of return by the entrepreneur of the amount of the paid subsidies pro rata to the amount of inappropriate use, subsidizing continues according to the schedule payments/payment schedule under the agreement of accession. In case of identification of complete inappropriate use of the credit/microcredit / the leasing transaction subsidizing stops from start date of term of subsidizing.";
add with Item 135-1 of the following content:
"135-1. Payments of subsidies for the agreement of accession stop in cases:
1) complete loan repayment by the entrepreneur under the agreement of bank loan / to the agreement of financial leasing before bank/bank of development / leasing company (date of the termination of subsidizing date of complete repayment by the entrepreneur of credit/leasing to bank / leasing company will be considered);
2) decision makings of the financial agency by authorized body about the subsidizing termination;
3) refusal of the entrepreneur on own initiative from subsidizing conditions on earlier signed statement of the entrepreneur.";
state Item 139 in the following edition:
"139. In case of partial early repayment of principal debt on credit/microcredit/leasing by the entrepreneur development/IFI bank/bank / leasing company send to the financial agency the copy of the supplementary agreement to the agreement of bank loan / to the agreement under the microcredit/contract of financial leasing with appendix of the corresponding supplementary agreement to the agreement of subsidizing with change of the repayment schedule of payments or the repayment schedule under the agreement of accession or the letter of development/IFI bank/bank / leasing company with the changed repayment schedule of payments in electronic format (XLS or XLSX) and specifying of the payable amount of subsidies.
In case of numerous partial early repayment of principal debt on credit/leasing by the entrepreneur during calendar month by the bank/bank of development / leasing company allows provision in the financial agency of the copy of the supplementary agreement combined in such cases to the agreement of bank loan / to the agreement under the microcredit/contract of financial leasing with appendix of the corresponding supplementary agreement to the agreement of subsidizing with change of the repayment schedule of payments or the repayment schedule under the agreement of accession or the letter of bank/bank of development / leasing company with the changed repayment schedule of payments in electronic format (XLS or XLSX) and specifying of the payable amount of subsidies.";
to state part one of Item 148-2 in the following edition:
"148-2. The projects within the mechanism approved till July 26, 2022 act on earlier approved conditions with authorized body of the financial agency before complete execution by entrepreneurs of the obligations on them.";
in appendix 7 to the specified Rules:
the fourth Item 3 to state the paragraph in the following edition:
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The document ceased to be valid since May 14, 2024 according to Item 2 of the Order of the Government of the Republic of Kazakhstan of April 26, 2024 No. 336
Attention! The document is provided in initial edition.
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