I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 15, 2024 No. 162

About modification and amendments in the order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 9-1/71 "About approval of Rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex"

I ORDER:

1. Bring in the order of the Minister of Agriculture of the Republic of Kazakhstan of January 30, 2015 No. 9-1/71 "About approval of Rules of subsidizing within guaranteeing and loans insurance of subjects of agro-industrial complex" (it is registered in the Register of state registration of regulatory legal acts No. 12183) the following changes and amendments:

in Rules of subsidizing within guaranteeing and loans insurance of the subjects of agro-industrial complex approved by the specified order:

state Item 2 in the following edition:

"1) authorized body in the field of development of agro-industrial complex – the state body performing state regulation in the field of development of agro-industrial complex (further – authorized body (service provider));

2) local executive body concerning agricultural industry – the structural division of local executive bodies of areas, cities of republican value, the capital realizing functions in the field of agricultural industry (further – MIO concerning agricultural industry (service provider));

3) bank – the legal entity, being the commercial organization which according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" is competent to perform banking activity;

4) personal account – the personal web page of the user (the borrower, the guarantor / insurance company, MIO concerning agricultural industry (service provider) / authorized body (service provider) in the electronic register of requests for subsidizing;

5) personal account – set of the records containing in the electronic register of the requests for subsidizing allowing to identify the registered person for the purpose of registration of requests for subsidizing and accounting of transactions on them;

6) the guarantor – the affiliated organization of joint-stock company "National managing holding "Bayterek", authorized on provision of guarantees;

7) guarantee – the document confirming partially joint liability of the guarantor to the creditor according to obligations of the borrower;

8) guarantee amount / insurance sum – the amount of money on which the guarantee is issued or is insured the part of loan which is limiting scope of responsibility of the guarantor / insurance company before the creditor in case of approach of right to claim;

9) the agreement of guarantee – the written agreement signed between the borrower, creditor(s) and the guarantor;

10) payment for guarantee / insurance payment – the cash amount paid by the guarantor / insurance company to the creditor within guarantee amount / insurance sum in case of approach of right to claim;

11) the commission on guarantee / insurance premium – the cash amount paid by the borrower and (or) MIO concerning agricultural industry (service provider) / authorized body (service provider) to the guarantor / insurance company in payment type for adoption by the last of obligations to make payment to the creditor of the guaranteed/insured part of the credit in case of approach of right to claim;

12) the preliminary application for receipt of subsidy on guaranteeing – the electronic request of the guarantor for reservation of the amount of subsidy in the state information system of subsidizing before application for receipt of subsidy on guaranteeing;

13) the request for receipt of subsidy on guaranteeing – the electronic request of the guarantor for subsidizing of part of the commission for guarantees issued on the borrower's credits;

14) the credit – the borrowed funds provided by bank, the affiliated organizations of national managing holding in the field of agro-industrial complex, credit partnerships to the borrower according to the credit agreement in national currency of the Republic of Kazakhstan on the terms of the paid nature, urgency, recoverability, security and purpose;

15) the creditor – the banks of the second level, the affiliated organizations of national managing holding in the field of agro-industrial complex having licenses for the right of banking operations (further – the affiliated organizations), and also leasing companies, credit partnerships and the microfinancial organizations in the field of agro-industrial complex;

16) credit partnership – the legal entity created by physical and (or) legal entities for requirements satisfaction of his participants in the credits and other financial, including banking services by accumulation of their money and at the expense of other sources which are not prohibited by the legislation of the Republic of Kazakhstan;

17) the credit agreement – the written agreement signed between the creditor and the borrower under the terms of whom the creditor grants the loan to the borrower. The agreement on opening of credit line also belongs to the credit agreement.

For Islamic bank the credit agreement is understood as the agreement of financing – the written agreement signed between Islamic bank and the borrower under the terms of whom the Islamic bank grants commercial credit to the borrower buyer or the seller of goods. The general agreement of financing within which the Islamic bank and the borrower sign separate agreements on provision of commercial credit (financing) also belongs to the agreement of financing. The commercial credit is understood as financing of trading activity of the borrower by Islamic banks as the reseller by sale to the borrower of goods with delay or payment by installments of payment on the selling price of goods consisting of the price of goods and markup of goods;

18) the borrower – the physical person or legal entity, and also the individual entrepreneur (including peasant farm) which signed the credit agreement with the creditor;

19) portfolio guaranteeing – form of provision of guarantees to borrowers within the limit set by the guarantor for the creditor;

20) insurance company – the legal entity performing activities for the conclusion and execution of insurance contracts based on the corresponding license of authorized body on regulation, control and supervision of the financial market and the financial organizations;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info