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

of January 30, 2017 No. 30

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of February 26, 2015 No. 139 "About approval of Rules of development and submission of reports on execution of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state" and about modification and amendments in the order of the Minister of national economy of the Republic of Kazakhstan of February 27, 2015 No. 149 "About approval of Rules of development, approval of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization"

I ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of February 26, 2015 No. 139 "About approval of Rules of development and submission of reports on execution of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state" (No. registered in the Register of state registration of regulatory legal acts 10685, published in information system of law of Ad_let on April 17, 2015) the following changes:

in Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state, approved by the specified order (further - Rules):

state item 4 in the following edition:

"4. Project development of the Report on execution of the development plan, except for joint-stock company "The national welfare fund "Samruk-Kazyna" (further - Fund), is performed according to structure of Sections of the report, and also forms and the list of indicators of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state according to appendices 1, 2 to these rules.

Forms according to appendix 2 to these rules of rather legal entities which shares (share) grant the right to the company to determine decisions, have exclusively informative character and are not subject of approval of the company by the board of directors.

Project development of the Report on execution of the development plan for Fund is performed within Rules of development, approval, monitoring, assessment of realization, submission of reports on execution of the development plan for National Welfare Fund Samruk-Kazyna, Approved by the Solution of the Board of Directors of Fund. joint-stock company;

appendices 1 and 2 to Rules to state in edition according to appendices 1 and 2 to this order.

2. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of February 27, 2015 No. 149 "About approval of Rules of development, approval of development strategies and development plans for national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization" (No. registered in the Register of state registration of regulatory legal acts 10663, published in information system of law of Ad_let on April 17, 2015) the following changes and amendments:

in Rules of development, approval of development plans for national managing holdings, national holdings, national companies which shareholder is the state, and also monitoring and assessment of their realization approved by the specified order (further - Rules):

state item 4 in the following edition:

"4. The development plan for the company is developed taking into account development plans for legal entities which shares (share) grant the right to the company to determine the decisions made by these legal entities and contains the purposes, tasks, indicators of results both the main consolidated and unconsolidated indicators of financial and economic activities, including investments, the income, expenses, loans, dividends (the part of net income which is subject to budget contribution), the indicators of financial stability and other data provided according to structure of Sections of the development plan according to appendix 1 to these rules, the list of indicators according to appendix 2 to these rules.

The complete list and target values used in the development plan for the company of indicators of financial stability, including level of debt of legal entities which shares (share) grant the right to the company to determine the decisions made by these legal entities are determined by the company.

The forms specified in the list of indicators of the Development plan according to appendix 2 to these rules of rather legal entities which shares (share) grant the right to the company to determine decisions, have exclusively informative character and are not subject of approval of the company by the board of directors.";

6, of 7, 8 and 9 to state Items in the following edition:

"6. The executive body of the company no later than October first of the year preceding the planned five-year period submits the draft of the development plan for consideration and approval to authorized body on management of the corresponding industry (sphere) of public administration (further - authorized body of the corresponding industry) or to local executive body (the executive body financed from the local budget).

The authorized body of the corresponding industry or local executive body (the executive body financed from the local budget) considers the draft of the development plan within seven working days from the date of its receipt.

In the presence of notes the executive body of the company within three working days finishes the draft of the development plan and repeatedly submits it for approval to authorized body of the corresponding industry or local executive body (the executive body financed from the local budget).

The authorized body of the corresponding industry or local executive body (the executive body financed from the local budget) within three working days considers the modifed draft of the development plan.

7. The authorized body of the corresponding industry or local executive body (the executive body financed from the local budget) no later than two working days after approval of the draft of the development plan provide its introduction on approval into authorized bodies on state planning and budgetary planning.

Authorized bodies on state planning and budgetary planning consider the draft of the development plan within ten working days from the date of its receipt.

In the presence of notes the authorized body of the corresponding industry or local executive body (the executive body financed from the local budget) finish the draft of the development plan within three working days from the date of receipt of notes and repeatedly submit it for approval to authorized bodies on state planning and budgetary planning.

Authorized bodies on state planning and budgetary planning within seven working days repeatedly consider the modifed draft of the development plan.

8. The executive body of the company no later than November tenth of the year preceding the planned five-year period after approval of the draft of the development plan of authorized bodies on state planning and budgetary planning, submits it for consideration to the board of directors of the company.

The board of directors of the company within ten calendar days considers and makes the decision on approval of the draft of the development plan or on return to executive body of the company for completion.

In the presence of notes the executive body of the company finishes the draft of the development plan in the terms determined by the board of directors of the company, but no more than three working days from the date of receipt of notes, and repeatedly submits it for approval to authorized body of the corresponding industry or local executive body (the executive body financed from the local budget).

The authorized body of the corresponding industry or local executive body (the executive body financed from the local budget) no later than three working days after repeated approval of the draft of the development plan provide its introduction on approval into authorized bodies on state planning and budgetary planning.

Authorized bodies on state planning and budgetary planning within seven working days repeatedly consider the modifed draft of the development plan.

The executive body of the company no later than three working days after repeated approval of the draft of the development plan of authorized bodies on state planning and budgetary planning submits of it for de novo review of the board of directors of the company.

The board of directors of the company within ten calendar days from the date of repeated introduction considers the modifed draft of the development plan.

9. The draft of the development plan affirms the board of directors of the company till December 20 of the year preceding the planned five-year period.";

add with Item 14-1 of the following content:

"14-1. Modification and (or) the amendments in the development plan for the company which are not involving change of the consolidated indicators of total income and expenses is performed by executive body of the company no more once a quarter without application of the procedure provided by Items 6-9 of these rules and without removal at consideration of the board of directors of the company in cases:

1) if redistribution of the indicators reflected in Sections 7. 2, 7.4, 7.6, 7.9 of appendix 2 to these rules, it is performed between the company and legal persons whose shares (share) grant the right to the company to determine decisions, and constitutes no more than 20% of total income and expenses of the company;

2) if redistribution of the indicators reflected in Sections 7. 2, 7.4, 7.6, 7.9 of appendix 2 to these rules, it is performed between legal entities whose shares (share) grant the right to the company to determine decisions.

The executive body of the company within five working days from the date of entering of the above-stated changes and (or) amendments into the development plan sends the electronic report to the single operator for inclusion in the Register, having attached to the electronic report the scanned copy of the decision of executive body of the company on modification and (or) amendments in the development plan.

Inclusion of the electronic report in the Register by the single operator is performed according to Item 11 of these rules.";

appendices 1, 2 and 3 to Rules to state according to appendices 3, 4 and 5 to this order.

3. To provide to department of policy of management of the state assets of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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

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

3) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions 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;

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.

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

5. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Minister of Finance of the Republic of Kazakhstan 2017

B. Sultanov

Appendix 1

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 30, 2017 No. 30

Appendix 1

to Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state

Structure of Sections of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state

№ of payment order	Name of the Section
1.	General information about national managing holding (national holding, the national company with participation of the state in the authorized capital) (further - the Company):
1.1.	information on creation of the Company
1.2.	corporate structure of management of the Company (participation of the Company in legal entities whose shares (share) belong to it with indication of the size of the block of shares (share)
1.3.	organizational structure of the Company (with indication of the number of workers), the scheme and the description
2.	The purposes and tasks, including key performance indicators of activities of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities for the five-year period with breakdown by years
3.	The actions planned by the Company on implementation of the Development plan including on:
3.1.	to achievement of key indicators of activities
3.2.	to achievement of the main production indicators of the Company and/or its affiliated and dependent organizations
3.3.	restructurings of assets and their reasons
4	Relations with the budget:
4.1.	receipts from the republican budget and local budgets according to the budget legislation of the Republic of Kazakhstan
4.2.	payment of the taxes and other obligatory payments in the budget (except for indirect taxes) according to the tax legislation of the Republic of Kazakhstan specified in the list of indicators of the Development plan for the Company
4.3.	dividend payout on the state block of shares
5.	The total amount of capital investments and investments of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities
6.	Financial stability of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities:
6.1.	structure of borrowings and the repayment schedule by internal and external borrowing (including the affiliated organizations)
6.2.	the main indicators of financial stability of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities including with obligatory specifying of the indicators characterizing level of debt (debt/EBITDA coefficient: for the companies of real production sector, coefficient of financial leverage, interest coverage ratio, coefficient of current liquidity)
6.3.	Debt load of the Company and its affiliated organizations for the accounting period
7.	The main indicators of financial and economic activities, the analysis with reasons for the reasons of growth or decrease, including:
7.1	management of temporarily free money, policy of their placement
7.2.	dividend policy and their reasons
7.3.	the consolidated personnel policy of the Company taking into account the organizations which controlling stock (shares) belongs to the Company (the planned annual average number of workers, the average monthly salary, the salary fund, staff turnover level) for the accounting period
7.4.	personnel policy of the Company and/or the organizations which controlling stock (shares) belongs to the Company (the planned annual average number of workers, the average monthly salary, the salary fund, staff turnover level)
7.5.	the consolidated administrative expenses for the accounting period taking into account the affiliated organizations, the forecast with reasons for growth or decrease
7.6.	administrative expenses, the forecast with reasons for growth or decrease
7.7.	expenses on lease of non-residential premises for the accounting period
7.8.	the main consolidated indicators of the Company and legal entities which shares (share) grant the right to the Company directly to determine the decisions made by these legal entities
7.9	the main unconsolidated indicators of the Company and legal entities whose shares (share) grant the right to the Company directly to determine the decisions made by these legal entities
8.	Information on the actions aimed at the development and implementation of standards of corporate management in the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities

 

The report can be added with other Items, subitems and appendices when such amendment is relevant to disclosure of results of activities of the Company for the accounting period.

In case of amendment of the Report Items, subitems and appendices, the corresponding names have each in addition represented Item, the subitem and appendix.

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of January 30, 2017 No. 30

Appendix 2

to Rules of development and submission of reports on execution of development plans for national managing holdings, national holdings, national companies which shareholder is the state

Forms and the list of indicators of the report on execution of development plans for national managing holdings, national holdings, the national companies which shareholder is the state

1. General information about national managing holding (national holding, the national company with participation of the state in the authorized capital) (further - the Company):

1.1. information on creation of the Company:

form 1

№ of payment order	Name of indicators	Information
1	Full name of the Company
2	Complete legal address
3	Contact telephone numbers
4	E-mail address (e-mail), website
5	BIN (business and identification number) (in the presence)
6	ID code (universal identification code)
7	Date and room of state registration (re-registration) in judicial authorities
8	Name of governing body (state body)
9	Short history of creation:
9.1	Date and number of the order of the Government of the Republic of Kazakhstan about creation (reorganization)
9.2	Creation purposes
9.3	Types of activity according to constituent documents
10	Whether the sphere of natural monopoly when the decision on inclusion of the organization in the state register of subjects of natural monopolies is made is subject of natural monopoly,
11	Whether is user of nature: whom and when the right of special environmental management is granted, to open the characteristic of environmental management (permanent or temporary, alienable or inaliennable, acquired on paid basis or it is non-paid, primary or secondary)
12	Whether is subsoil user: whom and when the right to subsurface use is granted, to open transactions on subsurface use
13	Authorized capital:
13.1	The size of the authorized capital according to constituent documents, one thousand tenges
13.2	When also who made decisions on increase in the authorized capital (the order of the Government of the Republic of Kazakhstan, the order of state body, the decision of general shareholder meeting (participants)
14	Number of shares, everything, including:	announced	placed	redeemed
14.1	Common shares
14.2	Preferred shares
15	Nominal value of one share, tenge
16	Information about the registrar
17	The shares which are in republican property, everything including:	quantity	%
17.1	Common shares
17.2	Preferred shares
18	The shares which are in utility property, everything including:	quantity	%
18.1	Common shares
18.2	Preferred shares

 

1.2. corporate structure of group of the Company with indication of all organizations entering into its group including the being nonresidents of the Republic of Kazakhstan as of ________.

form 2

Company

Organizations of the first level

Organizations of the second level

Organizations n of level

OPF *

BIN

name

% of shares (shares)

OPF

BIN

name

% of shares (shares)

OPF

BIN

name

% of shares (shares)

OPF

BIN

name

% of shares (shares)

 

* OPF - form of business

 

Summary information on the number of subjects of the quasi-public sector

OPF	Affiliated organizations	Organizations of the first level	Organizations of the second level	Organizations of the third level	Organizations n of level	Total
JOINT-STOCK COMPANY
LIMITED LIABILITY PARTNERSHIP
Other OPF
Total:

 

1.3. organizational structure of the Company (with indication of the number of workers), the scheme and the description.

 

2. The purposes and tasks, including key performance indicators of activities of the Company and legal entities whose shares (share) grant the right to the Company to determine the decisions made by these legal entities for the accounting period:

 

form 3

Purposes of the Development strategy of the Company	Tasks of the Development strategy of the Company	Key indicators of the Development strategy of the Company (quantitative or high-quality)	Unit of measure	Calculation procedure	Value of key indicators *
					20 __ year
					plan	adjustment	adjustment	fact	Accomplishment %
And	B	In		Д	1	2	3	4	5
Direction 1
Purpose 1	Task 1	KP 1
		N KP
	N task	KP 1
		N KP
Purpose n	Task 1	KP 1
		N KP
	N task	KP 1
		N KP
Direction n
Purpose 1	Task 1	KP 1
		N KP
	N task	KP 1
		N KP
Purpose n	Task 1	KP 1
		N KP
	N task	KP 1
		N KP

 

* value of key indicators of the Development plan is determined by providing agreement and comparison of financial, economic and production indicators of the Company and its affiliated organizations.

 

3. Actions for implementation of the Development plan for the accounting period, taking into account the strategic directions of activities specified in the Development strategy of the Company including on:

 

3.1. to achievement of key indicators of activities:

form 4

№ of payment order	Name of key indicators of activities	Name of actions/indicators	Unit of measure	20 __ year
				plan	adjustment	adjustment	fact	Accomplishment %
And	B	In		1	2	3	4	5

 

3.2. to achievement of the main production indicators of the Company and/or its affiliated and dependent organizations:

form 5

№ of payment order	Name of the organization	Name of indicators *	Unit of measure	20 __ year
				plan	adjustment	adjustment	fact	Accomplishment %
And	B	In		1	2	3	4	5
1.
n

 

* taking into account the strategic directions of activities specified in the Development strategy of the Company.

 

3.3. restructurings of assets *

and their reasons:

form 6

№ of payment order	Structure of group of the Company (with indication of all organizations entering into group) for the beginning of the accounting period	Asset type (profile, non-core, other)	Restructuring of asset for the accounting period (separation, allocation, connection, liquidation, sale (alienation) creation new, share acquisition (shares), etc.)				Structure of group of the Company (with indication of all organizations entering into group) by the end of the reporting period
			20 __ year
			plan	adjustment	adjustment	fact
And	B	In	1	2	3	4	5
1.
n.

 

* assets are the legal entities entering into group of the Company.

 

4. The relations with the budget for the accounting period:

4.1. Receipts from the republican budget and local budgets according to the budget legislation of the Republic of Kazakhstan:

form 7

thousands of tenges

№ of payment order	Name of the Company or its affiliated organization	Functional group	Administrator of the budget program	Name of the budget program	Purpose	20 __ year					Note
						plan	adjustment	adjustment	fact	Accomplishment %
And	B	In		Д	Е	1	2	3	4	5	6
1.
n.
	Total:

 

4.2. Payment of taxes and other obligatory payments in the budget * (except for indirect taxes) according to the tax legislation of the Republic of Kazakhstan, the indicators of the Development plan for the Company specified in the list:

 

form 8

thousands of tenges

№ of payment order	Name of indicators	20 __ year
		plan	adjustment	adjustment	fact	Accomplishment %
And	B	1	2	3	4	5
	Payment of taxes and payments, including:
1	Corporate income tax
2	Individual income tax
3	Rent tax on the exported crude oil, gas condensate
4	Special payments and taxes of subsoil users
5	Social tax
6	Tax on vehicles
7	Land tax
8	Property tax
9	Payment for issues to the environment
10	Payment for use of the parcels of land
11	Other taxes and payments

 

* the form is filled according to the consolidated data

 

4.3. Dividend payout on the state block of shares:

form 9

№ of payment order	Name of indicators	Unit of measure	20 __ year
			plan	adjustment	adjustment	fact	Accomplishment %

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