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

of September 11, 2023 No. 158

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 agreements on separate measures of the state support of private entrepreneurship"

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 agreements on separate measures of the state support of private entrepreneurship" (it is registered in the Register of state registration of regulatory legal acts for No. 19959) the following changes and amendments:

state Items 1 and 2 in the following edition:

"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.";

in the standard form of the Agreement on subsidizing and guaranteeing within the National project on development of entrepreneurship for 2021 - 2025 approved by the specified order:

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

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

state preamble in the following edition:

"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.";

the paragraph one of Item 2 to state in the following edition:

"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.";

in standard form of the Agreement of subsidizing of part of the rate of remuneration within the national project on development of entrepreneurship for 2021 - 2025 approved by the specified order:

4) of Item 13 to state the subitem in the following edition:

"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;";

9) of Item 13 to state the subitem in the following edition:

"9) to stop subsidizing based on identification of the following facts:

inappropriate use of credit/microcredit/leasing on which subsidizing is performed at the same time subsidizing stops in proportion to the amount of inappropriate use of credit means / leasing transactions;

non receipt by the Receiver of subject of leasing of the agreement of financial leasing on which subsidizing is performed;

discrepancies of the project and/or Receiver to conditions of Rules of subsidizing and/or decision of authorized body of the financial agency;

non-executions by the Receiver 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 of subsidizing, except as specified, arisen during action of extraordinary provision / situation;

non-executions by the Receiver 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, except as specified, arisen during action of extraordinary provision / situation;

arrest of money on accounts of the Receiver (except for seizures of money on accounts as measures for providing the claim, on condition of sufficiency of the money on the account in full providing claims) and/or suspensions of account account transactions of the Receiver;

reclamations of subject of leasing at the debtor in cases, stipulated by the legislation the Republic of Kazakhstan;

non-executions of obligations by Receivers on increase in payable taxes (corporate income tax / the individual income tax), and also to achievement of growth of the salary fund with jobs preservation or to increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments, in the budget for 10% after 2 (two) financial years from the date of decision making of authorized body of the financial agency (on projects of entrepreneurs in the "Support of Entrepreneurs/subjects of Industrial and Innovative Activities" direction);

non-executions of obligations by subjects of small and medium entrepreneurship within "The regional program financing of subjects of small private and medium private business" on preserving/increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments, or on achievement of growth of the income (the income from realization: the cost of the realized goods, works, services from the main activities) or on growth of amount of payable taxes (corporate income tax / the individual income tax) for 10% after 2 (two) financial years from the date of financing of the project;

not achievements by the Receiver on the "green" project of the threshold criteria of "green" taxonomy declared on the planned "green" project after 2 (two) years since the beginning of subsidizing of the project based on the conclusion of provider of external assessment provided by the Receiver in cases when these threshold criteria provide:

1) specific minimum values of decrease in energy consumption;

2) minimum levels of emissions of greenhouse gases;

3) decrease in share/waste recycling;

4) decrease in water consumption;

5) compliance to requirements of reference books of the best available technologies (in the part specified in threshold criterion).

non-executions of obligations by the Receiver within the Mechanism on:

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