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

of September 30, 2016 No. 432

About approval of Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee

According to Item 1 of article 31 of the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing construction" I ORDER:

1. Approve the enclosed Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee.

2. To provide to committee on cases of construction and housing and communal services of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

4) 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), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective since October 10, 2016 and is subject to official publication.

 

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of September 30, 2016 No. 432

Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee

Chapter 1. General provisions

1. These rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses constructions are developed for the conclusion of the agreement on provision of a guarantee (further – Rules) according to the Law of the Republic of Kazakhstan of April 7, 2016 "About equity in housing" (further – the Law) and regulate procedure for consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee under the organization of equity in housing construction by method of receipt of guarantee of the Single operator of housing construction (further – the Single operator).

2. Requirements imposed to the builder and authorized company under the organization of equity in housing construction by method of receipt of guarantee of the Single operator are determined by article 8 of this Law.

Chapter 2. Acceptance and accounting of requests of the Builder and Authorized company of the Single operator

3. The request according to the construction project from the Builder and the Authorized company (further - the request) is accepted in form according to appendix 1 to these rules.

4. Order taking by the Single operator is performed on permanent basis through information system of the Single operator, except for case when threshold value of capital adequacy ratio of the Single operator, stipulated in Item the 7th article 28 of the Law is reached about what it is specified on Internet resource of the Single operator.

5. The builder and the Authorized company attach to the request the list of documents according to appendix 2 to these rules. At the same time the funding plan of the construction project is constituted in form, according to appendix 3 to these rules.

In case of the repeated address the Builder with the new construction project within one year, provision of the documents to the Single operator specified in Item 1, the subitem 1) of Item 2, the subitem 1) of Item 8 and the subitem 3) of Item 9 of appendix 2 to these rules is not required. This requirement does not extend to documents to which changes and (or) additions to the repeated address in the Single operator were made.

6. The term of consideration of the request constitutes twenty working days from the date of the appeal of builder and the authorized company about the conclusion of the agreement on provision of a guarantee. Day of the appeal of builder and authorized company day of receipt in the Single operator of the corresponding request with necessary documents is considered.

In the presence of notes according to the considered request the Single operator sends to completion the relevant documents with establishment of term for elimination of notes no more than five working days. At the same time the term of consideration of the request stops.

Chapter 3. Procedure for consideration of the request of the Builder and Authorized company under the organization of equity in housing construction by method of receipt of guarantee of the Single operator

7. Consideration of the request by the Single operator provides the following stages:

1) check of completeness of the provided documents according to the construction project of the apartment apartment house or complex of individual apartment houses according to the list of the documents specified in appendix 2;

2) registration of the request and the analysis of the provided documents according to the construction project of the apartment apartment house or complex of individual apartment houses;

3) decision making about the conclusion or about motivated refusal in the conclusion of the agreement on provision of a guarantee.

8. The decision of the Single operator on the conclusion or motivated refusal in the conclusion of the agreement on provision of a guarantee are based on analysis results of the submitted documents.

9. The analysis of documents according to the construction project of the apartment apartment house or complex of individual apartment houses includes financial and legal evaluation.

10. Financial assessment provides:

1) the analysis of the financial reporting, calculation of the main indicators characterizing financial condition of the authorized company and builder;

2) analysis of sources of financing of the project;

3) analysis of adequacy of price policy of the authorized company;

4) comparison of the performed works on incomplete object according to the state regulating documents in the field of architecture, town planning and construction.

Comparison of the performed works on acts to actually performed works on object is made after measurement of the executed amounts of works and inspection by engineering company without laboratory researches of the mounted designs regarding availability of defects;

5) assessment of completeness of necessary works for completion of construction;

6) analysis of justification of the budget (estimate) of construction: amounts and construction cost.

10-1. For the measure calculation and risk factors established in appendix 4 to these rules the analysis of the financial reporting (the balance sheet, the profit and loss statement, the cash flow statement, the report on changes in equity) of the builder for the last financial year is carried out.

11. Legal evaluation and establishment of availability (absence) of legal, reputation risks on the project are carried out by way:

1) overview of documents of title of the Builder, Authorized company;

2) overview of documents on corporate management, decisions of collegiate organs of management and main powers of attorney of the Authorized company;

3) the analysis of documents of title on the property of the Authorized company assumed to transfer to trust management according to article 35 of the Law;

4) analysis of legality of forming of the authorized capital of the Authorized company, information about participants (shareholders), information about affiliirovanny persons of the Authorized company;

5) availability of necessary allowing documents of the Authorized company and contractor (prime contractor);

6) the analysis of basic provisions of the construction contract of the Authorized company with the contractor (prime contractor), taking into account the features determined by Item 11-1 of these rules;

7) availability or lack of unexecuted legal proceedings of property nature concerning the builder and the authorized company;

8) studying of information on the Authorized company, Builder from officially acknowledged sources about availability (absence) of the tax debt and to other obligatory payments in the budget.

11-1. If the construction project of the apartment apartment house or complex of individual apartment houses is implemented by the being participant of special economic zone Authorized by the company – the legal entity performing priority types of activity in the territory of special economic zone and included in the unified register of participants of special economic zone (further – the participant of SEZ), the construction contract may contain acquisition by the Authorized company of part of the materials and (or) the equipment provided by the design estimates.

12. For consideration of the request the one-time fee in the amount of, approved by the decision of the Single operator according to requirements of regulations of the legislation of the Republic of Kazakhstan in the field of protection of the competition, by transfer to the bank account of the Single operator is charged. The commission for consideration of the request is not subject to return.

Chapter 4. Decision on issue of guarantee

13. The single operator refuses the conclusion of the agreement on provision of a guarantee on the following bases:

1) discrepancy of the Builder, Authorized company to requirements, the established Law;

2) untimely conclusion builder and authorized company of agreements:

about rendering engineering services in shared-equity housing construction between the authorized company, the Single operator and engineering company;

pledge of the parcel of land together with object of construction in progress between the authorized company and the Single operator;

pledge of voting shares (shares in the authorized capital) the authorized company between the builder and the Single operator;

trust management of voting shares (share in the authorized capital) the authorized company between the builder and the Single operator;

3) availability of outstanding debt on taxes and other obligatory payments in the budget in the amount of more 6-fold monthly settlement indicator for date of application;

4) availability of judgments on initiation of production about rehabilitation or bankruptcy concerning the Builder, the Authorized company;

5) by results of check of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses according to the Law;

6) in case of unprofitability and the inefficiency of the project confirmed with financial and economic calculations, including profitability analysis, liquidity and possible risks of project implementation.

14. In case of adoption of the positive decision on issue of guarantee, the Single operator the size of the guarantee fee on the project according to the Technique of determination of the size of the guarantee fee approved by authorized body in the field of equity in housing construction according to the subitem 8) of article 5 of the Law affirms.

If necessary the Single operator in case of adoption of the positive decision on issue of guarantee requests from the Builder and (or) the Authorized company guarantee of affiliated and related legal entities and physical persons.

14-1. For application of rate of the guarantee fee the builder needs to gain 60 and more points on factor of the risks estimated according to appendix 4 to these rules.

15. The positive decision of the Single operator is the basis for the conclusion of the Agreement on provision of a guarantee.

Appendix 1

to Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee

Form

Request

__________________________________________________________________________
(The name of the builder and authorized company) the list of documents on the ________________________________________________________________________________ project asks you to take cognizance
(specify the name of the project, the location address) for the purpose of carrying out the analysis regarding determination of possibility of provision of a guarantee for housing construction by the Single operator (further - the Single operator) for the organization of equity in housing construction by method of receipt of guarantee of the Single operator.

We confirm that the enclosed information to this request is authentic, complete, high-quality and is true.

Hereby we provide the consent to collection and processing by the Single operator of the data specified in the request, and also personal data of the first head and chief accountant of the builder and authorized company.

_________________________________________________________________________
(Name of the builder and authorized company)

are warned about responsibility, the stipulated by the legislation Republic of Kazakhstan for submission of false, unreliable, not high-quality and incomplete information.

Project information

1. Information on the builder:

Full name of the organization
BIN
The list of shareholders/participants (the name of the shareholder/participant (the company, F.I.O (in the presence), BIN/IIN), share in the authorized capital)
Date of primary registration
Legal address (region, area, area, street, house, index, phone, e-mail address)
Actual address (region, area, area, street, house, index, phone, e-mail address)
Head of executive body of the organization (First name, middle initial, last name (in the presence), IIN, position, work experience)
Availability of special permissions, licenses for project implementation (the name, number and date of issue of the document, effective period)

2. Information on the authorized company:

Full name of the organization
BIN
The list of shareholders/participants (the name of the shareholder/participant (the company, First name, middle initial, last name (in the presence), BIN/IIN), share in the authorized capital)
Date of primary registration
Legal address (region, area, area, street, house, index, phone, email)
Actual address (region, area, area, street, house, index, phone, email)
Head of executive body of the organization (First name, middle initial, last name (in the presence), IIN, position, work experience)

3. Project information:

Name of the project
The place of project implementation, the status on the parcel of land
Project deadlines
Availability of the design and estimate documentation with the positive conclusion of complex non-departmental examination
Total cost of the project (thousands of tenges)
Construction cost of 1 square meter of housing according to the design and estimate documentation
Expected structure of financing of the project (funding mechanism and its parameters, structure of providing and others).

Appendices to the request (the list with appendices).

Builder ____________________________ Position _____________________________ First name, middle initial, last name (in the presence) (place of the signature) MT (in the presence)

Authorized company _______________ Position _____________________________ First name, middle initial, last name (in the presence) (place of the signature) MT (in the presence)".

 

Appendix 2

to Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee

List of documents

1. Constituent documents of the builder and authorized company (notarially certified copy of the charter).

2. The documents confirming compliance of the builder to requirements of Item 1 of article 8 of the Law of the Republic of Kazakhstan "About equity in housing construction" (further – the Law):

1) copies of acts of commissioning of the construction project, taking into account the handed-over square meters, confirming experiment of the builder on construction of apartment apartment houses and/or complex of individual apartment houses, including on the state order;

2) the financial reporting of the builder for the last two financial years confirmed with audit opinion.

3. The documents confirming accomplishment of requirements by the authorized company, stipulated in Item 3 articles 8 of the Law:

1) the purchase and sale agreement (exchanges, donation or other transaction about alienation of the parcel of land), or the decision of local executive bodies or judicial authorities on recognition of the right of private property to the parcel of land, the rights of land use and other corporeal rights to the earth (notarially attested copy);

2) the act on the right of private property to the parcel of land, or the act to the right of temporary (paid) land use, or the cadastral passport of real estate object (the copy, notarially attested / the copy of the electronic document);

3) the statement about the remaining balance and movement of money according to the bank account confirming availability of the money planned for expenditure for the construction purposes in the amount of, determined by the Law, the report of the independent estimative company on assessment of the parcel of land;

the copies of documents confirming the begun construction (the coupon about acceptance of the notification on the beginning of installation and construction works, preservation of object of construction in progress (in the presence), agreements of designer's and technical service; the original of the report or the conclusion of engineering company about technical inspection of the project on technical condition of reliability of designs and stability of buildings and engineering and communication systems);

4) the design estimates (in electronic form in the PDF format (Portable Document Format), and also estimate documentation in universal format of representation of basic data and results of calculation of local resource estimates (KENML) with the positive conclusion of complex non-departmental examination, or the letter permission from the owner and the author of the project on receipt of the design estimates on the declared project (when passing the project of the state complex non-departmental examination);

5) copies of specifications on providing object with engineering networks and letters on availability of high-level networks;

6) the statement about remaining balance and movement of money according to the bank account confirming availability of money for payment of the guarantee fee under the agreement on provision of a guarantee;

7) the copy of the agreement signed between the authorized company and the contractor (prime contractor) with the approved production schedule of installation and construction works.

If agreement party of the construction contract is the Authorized company – the participant of special economic zone, to the request are applied information on amount of acquired materials and (or) the equipment, sources of financing of such acquisitions.

4. Receipt on payment of the commission for consideration of the request.

5. The construction project funding plan signed by heads of the builder and authorized company, and certified by their seals (in the presence), and also in electronic form of the xls/xlsx/xlsm format.

6. For confirmation of accomplishment by the authorized company of the requirement, stipulated in Item 4 articles 8 of the Law, the certificate of the registered rights (encumbrances) to real estate and its technical characteristics is provided (from the "elektronnoye pravitelstvo" portal).

7. The document provided by the builder / the authorized company in the Single operator for carrying out financial assessment, the provided subitems 1) and 2) of Item 3 of article 33 of the Law:

the financial reporting of the builder, authorized company for the last financial period (quarter, half-year) preceding date of application, the disaggregation of financial statement line items signed by the head / the chief accountant of the builder, authorized company and certified by their seal (in the presence);

information on sources of financing of the project, availability of additional obligations and documents on sources of own participation of the builder and the authorized company in the project.

8. The document provided by the builder / the authorized company for carrying out the legal evaluation provided by the subitem 1) of item 4 of article 33 of the Law:

the document on the state registration / re-registration of the legal entity (from the "elektronnoye pravitelstvo" portal) (in case of change of the name of the company, the data from the National register of business and identification numbers on change of the name of the company).

9. The documents provided by the builder / the authorized company for carrying out the legal evaluation provided by the subitem 2) of item 4 of article 33 of the Law:

1) copies of decisions of authorized body of the builder on transfer to the Single operator to trust management of voting shares (shares in the authorized capital) the authorized company, and also as proof of 100% of voting shares (shares in the authorized capital) the authorized company (certified by seal of the builder (in the presence));

2) the copy of the decision of authorized body of the authorized company on transfer to the Single operator as proof of the parcel of land and/or the rights of land use with construction in progress (in the presence) with its detailed description (certified by seal of the authorized company (in the presence));

3) copies of the documents confirming powers of persons authorized by the right of the first and second signature on behalf of the builder / the authorized company and also the copies of documents proving their identity (certified by seal (in the presence)).

10. The document provided by the builder / the authorized company for accomplishment of the requirement, stipulated in Item 1 article 35 of the Law:

report of the independent estimative company on assessment of personal and real estate.

11. The notarized consent of the builder to signing of the Delivery-acceptance certificate in trust management to the Single operator of shares/share in the authorized company.

12. The consent of the builder, authorized company and the prime contractor to receipt (unloading) of data from the credit bureaus operating according to the legislation of the Republic of Kazakhstan.

13. Information about affiliates (related parties) of the builder and authorized company.

14. The certificate of availability and bank account number of the Builder with indication of turnovers on the debit and the credit in 2 (two) last years, closing balance for required date.

15. The certificate of availability and bank account number of the Authorized company with indication of closing balance on requested dates, both the statement about remaining balance and movement of money according to the bank account in 2 (two) last years.

16. The list of objects under construction of the builder and his authorized companies with information on current status and sources of financing.

17. Information on the performed sales on the project of the apartment apartment house or complex of individual apartment houses.

Appendix 3

to Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee

Construction project funding plan

1. Plan of project costs and schedule of financing of construction

№	Name of works on the design and estimate documentation	Cost according to the design and estimate documentation of thousands of tenges	The cost of the performed works *, thousands of tenges	Schedule of financing of construction, thousands of tenges
				Year
				month	month	month
Total

* the cost of the incured costs for construction in progress and payment of other costs (in case of the begun construction)

2. The sales plan and leasing of rooms in the apartment apartment house or complex of individual apartment houses

№	Name of the room	Number of rooms	Total area, square meters	Sale price / leases for 1 square meter, thousands of tenges	Amount, thousands of tenges	Sales plan and leasing of rooms, ________ year, thousands of tenges
						month	month	month
	apartments
	individual apartment houses
	parking place
	commercial rooms
Total

The sales plan and leasing of rooms is constituted on all project deadline (from the moment of receipt of permission to attraction of money of shareholders before realization of all types of rooms). In Item 2 of this Form data separately for each unit of type of rooms are specified.

Builder ____________________________ Position _____________________________ Surname the Name Middle name (in case of its availability) (the place of the signature) Locus sigilli (in the presence)

Authorized company _______________ Position _____________________________ Surname the Name Middle name (in case of its availability) (the place of the signature)

Appendix 4

to Rules of consideration of documents according to the construction project of the apartment apartment house or complex of individual apartment houses for the conclusion of the agreement on provision of a guarantee

The multifactorial model based on assessment of indicators and risk factors

Name of indicator	Risk factor	Measure value and point
1. Profitability indicators (from 0 to 20 points)	1) the activities Profit ratio (net profit / revenue) reflects efficiency rate of use of material, labor, money and other resources from 0 to 7 points	From 0 to 0,02 – 0 of points Over 0,02 to 0,05 – 1 point Over 0,05 to point 0,08 – 2 Over 0,08 to point 0,11 – 3 Over 0,11 to point 0,14 – 4 Over 0,14 to 0,17 – 5 of points From above 0, to 0,2 – 6 of points Over 0,20 – 7 of points
	2) the Profit ratio of assets (net profit / assets) shows capability of the organization to generate profit without structure of its capital, quality of asset management from 0 to 6 points	0 – 0 points From 0 to 0,02 – 1 point Over 0,02 to point 0,04 – 2 Over 0,04 to point 0,06 – 3 Over 0,06 to point 0,08 – 4 From above 0, to 0,1 – 5 of points Over 0,1 – 6 of points
	The equity Profit ratio (net profit / equity) shows 3), the invested equity from 0 to 7 points is how effectively used	Less or equally in 0 - 0 points Over 0 to 0,03 – 1 point Over 0,03 to point 0,06 – 2 Over 0,06 to point 0,09 – 3 Over 0,09 to point 0,12 – 4 Over 0,12 to 0,15 – 5 of points Over 0,15 to 0,18 – 6 of points Over 0,18 – 7 of points
2. Liquidity indicators (from 0 to 10 points)	The coefficient of current liquidity (current assets / short-term obligations) shows the level of covering of short-term obligations by working capital from 0 to 10 points	less 0,70 – 0 of points Over 0,70 to 0,75 – 1 point Over 0,75 to point 0,80 – 2 Over 0,80 to point 0,85 – 3 Over 0,85 to point 0,90 – 4 Over 0,90 to 0,95 – 5 of points Over 0,95 to 1,00 – 6 of points Over 1,00 to 1,05 – 7 of points Over 1,05 to 1,10 – 8 of points Over 1,10 to 1,20 – 9 of points Over 1,20 – 10 of points
3. Indicators of financial stability (from 0 to 30 points)	1) autonomy Coefficient ((equity + reserves) / assets) is determined by independence of financial condition of the organization of loan sources of means from 0 to 10 points	From 0 to 0,10 – 0 of points Over 0,10 to 0,12 – 1 point Over 0,12 to point 0,14 – 2 Over 0,14 to point 0,16 – 3 Over 0,16 to point 0,18 – 4 Over 0,18 to 0,20 – 5 of points Over 0,20 to 0,22 – 6 of points Over 0,22 to 0,24 – 7 of points Over 0,24 to 0,28 – 8 of points Over 0,28 to 0,30 – 9 of points Over 0,30 – 10 of points
	2) the maneuverability Coefficient (own current assets / equity) shows capability of the organization to support the level of own working capital and to fill up current assets in case of need at the expense of own sources from 0 to 10 points	From 0 to 0,10 – 0 of points Over 0,10 to 0,12 – 1 point Over 0,12 to point 0,14 – 2 Over 0,14 to point 0,16 – 3 Over 0,16 to point 0,18 – 4 Over 0,18 to 0,20 – 5 of points Over 0,20 to 0,22 – 6 of points Over 0,22 to 0,24 – 7 of points Over 0,24 to 0,28 – 8 of points Over 0,28 to 0,30 – 9 of points Over 0,30 – 10 of points
	3) the Coefficient of financial leverage (short-term and long-term financial liabilities / equity) shows the level of forming of assets at the expense of equity and characterizes degree of independence of the builder of loan sources. Recommended value – no more than 4 characterizes independence of the company of loan sources. from 0 to 10 points	Over 7,0 – 0 of points From above 6, to 7,0 – 1 point From above 5, to point 6,0 – 2 From above 5, to point 5,5 – 3 From above 4, to point 5,0 – 4 From above 4, to 4,5 – 5 of points From above 3, to 4,0 – 6 of points From above 3, to 3,5 – 7 of points From above 2, to 3,0 – 8 of points From above 2, to 2,5 – 9 of points Less 2,0 – 10 of points
4. Work experience of the company builder (from 1 to 10 points)	Amount of the area of housing (square meters) put into operation or I will eat around housing (square meters) from 1 to 10 points put into operation	In case of construction in the cities of republican value, the capital, thousands of square meters	In case of construction in other administrative and territorial units, thousands of square meters	points
		from 10 to 20	from 5 to 10	1
		from 20 to 30	from 10 to 15	2
		from 30 to 40	from 15 to 20	3
		from 40 to 50	from 20 to 25	4
		from 50 to 60	from 25 to 30	5
		from 60 to 70	from 30 to 35	6
		from 70 to 80	from 35 to 40	7
		from 80 to 90	from 40 to 45	8
		from 90 to 100	from 45 to 50	9
		Over 100	Over 50	10
5. Legal indicators (from 0 to 20 points)	Availability of unexecuted enforcement proceedings of property nature concerning the builder according to requirements of the third parties (total amount requirements / equity)	5% and more – 0 points of 3% to 5% – 5 points 0% to 3% – 10 points
	Availability of unexecuted enforcement proceedings of property nature concerning the authorized company according to requirements of the third parties (total amount requirements / equity)	5% and more – 0 points of 3% to 5% – 5 points 0% to 3% – 10 points
6. Quantity of guarantees issued on completion of construction (from 0 to 10 points)	Quantity of the objects put into operation which obtained guarantee of the Single operator for all term	0 – 0 points 1 – 5 points 2 – 7 points 3 and more – 10 points
7. The number of prolongation (from (-5) to 0 points)	The maximum number of prolongation of terms on the objects put into operation which obtained guarantee of the Single operator in 2 last years	3 – (-5) points 2 - (-3) point 1 – (-1) point 0 – 0 points

 

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