Unofficial translation
In accordance with the law Republic of Kazakhstan dated November 29, 2010 "About the republican budget for 2011-2013" the Government of the Republic of Kazakhstan RESOLVES:
1. To confirm the accompanying rules subsidizing interest rates on loans issued to support agriculture.
2. This resolution shall be enforced after ten calendar days after its first official publication.
| Prime Minister Of the Republic Kazaxstan | K. Massimov |
| Approved Resolution of the Government Republic of Kazakhstan from March 1, 2011 № 205 |
Rules subsidizing interest rates on loans, issued to support agriculture 1. General Provisions
1. These rules of subsidizing interest rates on loans issued to support agriculture (hereinafter - the Rules) have been developed in accordance with the law of the Republic of Kazakhstan dated November 29, 2010 "About the republican budget for 2011-2013" and determine the procedure for granting subsidies from the state budget for reimbursement of expenses for the payment of the borrower interest rate on loans and leasing in the framework of the budget program 039 "Compensation of interest rates on loans support for agriculture "(hereinafter - the program), implemented in 2011.
2. In these Rules, the following terms and definitions:
definition - selection of financial institutions and the distribution of the budget of the program in between budget subsidies under the program;
agricultural products - raw materials and production of crops and livestock, including beekeeping, including products obtained by their primary processing;
the administrator of the budget program - Ministry of Agriculture of the Republic of Kazakhstan;
financial institutions - second-tier banks, credit organizations, having the appropriate license to carry out banking activities, leasing companies;
the borrower - an individual, legal person, regardless of ownership, including the peasant (farmer) economy, engaged in processing agricultural products, fish and / or manufacturing of finished food products;
loan agreement - the contract of bank loan / finance lease entered into between the financial institution and the borrower;
interest rate - the interest rate established by the loan agreement for the use of credit (leasing);
authorized body - the state body for regulation and supervision of financial markets.
3. Subsidies from the state budget are provided in an amount not more than 80 (eighty) per cent of the interest rate. Subsidizing subject credits (lease) issued by financial institutions with its own and / or borrowed funds, thus limiting the interest rate must not exceed 20% (twenty percent) per annum.
The amount of credit (leasing), on which the interest rate subsidies may not exceed 3,500,000,000 (three billion five hundred million) tenge for one borrower.
The amount of the credit limit to be subsidies, applies to loans (leasing) repaid ahead of schedule or on time during 2011.
4. Subsidized interest rates carried out by the existing loan (leasing) for the actual period of the loan (leasing) in the period from 1 January to 31 December 2011.
Loan (leasing) obtained by the borrower after January 1, 2011, interest rate subsidies made in the twelve months from the date of issuance of the loan, and / or from the date of transfer of equipment leasing.
At the same time the previously subsidized loan (leasing) at the expense of the last fiscal year, subsidies made for the actual period of the loan (leasing) since the end of the development grants last year to 31 December 2011.
Amount of the loan (leasing) in foreign currency shall be equivalent to the amount specified in paragraph 3 of this Regulation, according to the official rate of the National Bank of Kazakhstan, effective on the date of issuance of the loan.
In this loan (leasing), issued by the financial institution in a foreign currency, subsidies shall be awarded at the rate of National Bank of Kazakhstan, effective on the date of the determination.
5. The subsidies do not are subject to credit (leasing) of borrowers who receive grants under the program "Business Road Map 2020", as well as loans on special letter of credit services.
6. At the expense of the republican budget made subsidizing interest rates on loans (leasing), aimed at:
1) purchase of agricultural products for industrial processing, basic and auxiliary materials, purchased semi-finished products, components and spare parts for repair of process equipment, fuel, low value items, equipment, tools and special tools and devices, regardless of their value, are intended for the production of a certain batch of products;
2) purchase of equipment for processing agricultural products and food production, industrial equipment and accessories;
3) refinance previously incurred cost, the target direction previously issued means must comply sub 1) and 2), paragraph 6 hereof.
2. The procedure for the provision of funds from the national budget
to subsidize interest rates on loans granted to support agriculture
7. The administrator of the budget program forms a committee consisting of the chairman, members and secretary of the commission. The commission shall be approved by order of the executive secretary of the Administrator of the budget program. The committee consists of representatives of concerned departments of the Administrator of the budget program, the number of members of the commission shall be odd and at least five people. Commission secretary is not a member of the commission.
8. Date of the first meeting of the Commission on the definition of financial institutions participating in the program, picked April 5, 2011. In the case of an incomplete allocation of grants provided for in the fiscal year, and / or education savings on the results of the previous definition of re-commission meeting held on July 5 and October 4, 2011.
9. The Secretary of the Commission registers the applications of financial institutions in a special register, which must be numbered, bound and sealed by the administrator of the budget program.
10. In case of need for clarification of the provisions of this Regulation, financial institution refers to the administrator of the budget program with a written request, but no later than ten business days prior to the deadline for submission of applications.
11. The administrator of the budget program provides the definition of financial institutions participating in the program, according to the following criteria:
1) the presence of the formed portfolio of applications of borrowers, including a brief description of the borrower and the project;
2) experience of working with borrowers financial institution;
3) the absence of overdue taxes and other compulsory payments which are registered for more than three months.
12. Financial institutions are free to determine the borrowers on the basis of the following on their requirements:
resident of the Republic of Kazakhstan, undertake the following activities: processing of meat, milk, fruits, berries, vegetables, hides and wool, cereals, cotton, fish, red deer antlers; production of poultry meat, eggs and egg powder, canned fruits and vegetables, baby food, bread, bakery products and pasta, oil and fat products, animal feed, white sugar, confectionery, honey and other bee products;
absence of overdue taxes and other compulsory payments which are registered for more than three months.
13. Financial institutions wishing to participate in the definition, are applied according to the form Annex 1to this Regulation. The application must be signed by the head of a financial institution or a person having power of attorney for the right to sign the application, and is sealed by a financial institution. The individual applications from branch offices (offices) are not accepted financial institution.
14. Application as an integral part thereof attached:
1) a notarized copy of certificate of state registration (re-registration) of the legal entity (financial institution);
2) a notarized copy of the license to carry out banking activities (except for leasing companies);
3) the original certificate of the established form of the relevant tax authority on the absence or presence of the tax debt and the debt of a financial institution for mandatory pension contributions to pension funds, a certificate must be dated no more than three months prior to the date of opening envelopes with applications for the signature of the head or face authorized to sign with the stamp of the tax authority;
4) a certificate of a financial institution, confirming that the financial institution is solvent, is not subject to liquidation, its property is not seized, its financial and economic activities are not suspended in accordance with the legislation of the Republic of Kazakhstan;
5) A certified copy of the financial institution of credit agreement and / or agreement with prior credit repayment schedule application (lease) and payment of interest on it, made between a financial institution and the borrower;
6) a certified copy of the contract the financial institution for the purchase of agricultural products (in the case of use of raw materials of its own production to make help the borrower on the volume of its own production of agricultural products) or an act intended use of credit checks, preparation of the financial institution;
7) a certified copy of the financial institution an extract from the loan account of the borrower for a loan (leasing) or proof of a loan, the leased asset;
8) A brief description of the form according to the borrower Annex 2 hereto;
9) a brief description of the project the borrower according to the form Annex 3 hereto;
10) Calculation of interest on each loan (lease) borrower according to paragraph 4 hereof form according to the appendix of 4 hereto;
11) copy of the certificate of the established form of the relevant tax authority of the borrower on the absence or presence of tax arrears and arrears of pension contributions to pension funds, a certificate must be dated no more than three months prior to the date of opening envelopes with applications for the signature of the head or face, authorized to sign with the stamp of the tax authority;
12) A certificate form according borrower Appendix 5 hereto;
13) a written commitment of the financial institution on the conclusion of loan agreements with borrowers and to borrowers loan within twenty (20) working days from the date of signing of the outcome of the determination in accordance with the protocolparagraph 21 of these Rules;
14) power of attorney for the right to sign the application, if the application is not signed by the first head of a financial institution.
Brief description of the borrower, a brief description of the project, a certificate signed by the borrower and the borrower's first head of its certified seal. Information confirmed by a branch of a financial institution, which is serviced by the borrower (signature and stamp of the first head of the branch of a financial institution). In the case of submission of a fax copy or photocopy of a brief description of the borrower, a brief description of the project, the borrower's help, they are certified by the original printing of the financial institution and the signature of an authorized official.
15. The application and all accompanying documents must be bound into a single package, the pages are numbered on the back of the last page of the thread ends should be sealed with a sheet of paper with the words "stitched and numbered _____ sheets. Date" ___ "________ 2011", signed by an official and stamped financial institution. The presence in the envelope are not stitched, individual documents is not permitted, such documents are not considered by the Commission and returned to the financial institution. In case of representation financial institution more than one application, all applications are subject ordinal numbering.
16. In the case of submission of financial institution in several applications at the same time a financial institution making the documents referred to in subparagraphs 1) -4), 8), 11) -13)paragraph 14 this Regulation, in one of the applications, putting in applications other financial institution a document stating that the documents are in the appropriate application.
17. On the first day of the procedure of opening the session of the commission for the definition of financial institutions is carried out envelopes with application, then within 5 (five) working days from the date of opening the envelopes composed of opening envelopes with applications protocol, signed by the chairman of the commission, the commission members and the secretary of the commission .
18. According to the requirements11 points. 12, Subparagraphs 1) -4), 13), 14), paragraph 14, paragraph 15 of this Regulation, the Commission, within 10 (ten) business days after signing the Bid Opening Protocol shall decide on the admission of the financial institution to participate in defining and considering the documents submitted borrowers in terms of their completeness and compliance with the requirements of this Regulation.
19. The Commission, having considered the documents of the borrower, shall be completed within three (3) business days of the decision to grant / not to grant subsidies to the borrower and determines the amount of subsidy for each loan presented (leasing) a financial institution. the volume of funds subsidy distribution is carried out by the Commission in direct proportion to the amount of interest on the loan (leasing), provided in Appendix 4 hereof.
20. The financial institution decision about the admission committee to participate in the definition and distribution of subsidies between them registered in the minutes of the meeting of the commission, within 5 (five) working days after the decision, which is signed by the chairman, members and secretary of the commission.
The record shall include the name, the location of the financial institution, the amount of subsidies a financial institution, the list of borrowers as well as the name of the financial institution and the borrower does not meet the statutory requirements with an indication of the reasons for rejection of applications.
The commission's decision is reported notice in writing to all financial institutions participating in the implementation of the budget of the program.
21. As a result of the determination within twenty (20) working days from the date of signing of the minutes of the Commission financial institutions make loans to borrowers, according to their submissions prior loan agreements.
Within 10 (ten) business days after the issuance of financial institutions to borrowers, as well as on the basis of the protocol on the results of determination between the administrator of the program and the financial institution is a contract to subsidize, provide for the procedure and conditions for the transfer of funds, responsibilities of the parties, the list of borrowers and other conditions.
22. Allocation of funds to the Administrator of the budget program for later transfer them to the account of a financial institution in accordance with the Rules of the budget execution and cash management services approved Decree The Republic of Kazakhstan dated February 26, 2009 № 220.
The administrator of the budget program checks provided by a financial institution an application for the transfer of funds from the national budget to the account in the form of a financial institution in accordance with Annex 6 to this Regulation and report according to the form Annex 7 to this Regulation and, after their examination forms list for subsidized interest interest rate on the loan (leasing) the form according to Annex 8 to this Regulation and accounts payable.
23. For the financial institution payment of subsidies by the Administrator of the budget program in the territorial division of the Treasury submitted to the registry accounts payable and accounts payable in two copies.
24. Borrowers receiving subsidies represent up to December 1, 2011 in the financial institution information on the results achieved according to the form Annex 9to this Regulation. Financial institution is the administrator of the program until 15 December 2011 the consolidated information on all borrowers.
25. In the case of non-performance or improper performance of the borrower under the loan agreement regarding repayment of the interest rate on the loan (leasing) of more than 20 (twenty) calendar days, the period of breach of obligations by the borrower grants are not available and can be used by subsidies for the next month (quarter). The size of the subsidies in the provision of an application for the transfer of subsidies for the next quarter reduced by the amount of unused subsidies paid in the previous quarter.
26. In case of change of financial institution the financing conditions of the loan agreement (repayment schedule, term of the loan (leasing) and the like), as well as the restructuring of the loan agreement after bilateral signing of the agreement on subsidies, except in the case of changes in interest rate financial institution in the downward , subsidies to these loan agreements are not available since the adoption of the new schedules and / or additional agreements to the loan agreement.
| Appendix 1 to subsidize the Rules rate interest on loans, issued to support Agriculture |
REQUEST
Having considered the rules of subsidizing interest rates on loans issued to support agriculture, approved by Resolution of the Government of the Republic of Kazakhstan "__" ______ 20___ number ____,
_____________________________________________________________________
(Full name of the financial institution)
is willing to take part in the implementation of the budget program 039 "Compensation of interest rates on loans to support agriculture" to receive subsidies.
This application contains:
1. Information about the participant
Full name _________________________________________________
Legal address ___________________________________________________
Current address, phone, fax, e-mail: _______________
Certificate of state registration (number, date, place of issue, issuing authority)
* ___________________________________________________________________
License number, date of issue and the authority that issued the license * ___________________________________________________________
Full name. the first head _________________________________________
* Submitted notarized copies
2. Information on compliance with the prudential standards of the state body on regulation and supervision of financial markets in the last three months preceding the date of selection
The maximum exposure to any one borrower (______)
Liquidity ratio (_____)
Limits on open foreign currency position (______)
The coefficient of the maximum size of financial institution investments in fixed assets and other non-financial assets (______)
3. Information on compliance with the minimum size limit of the authorized and own capital
The authorized capital stock mln. tenge (________)
Equity capital mln. Tenge (________)
4. Information about the experience of working with borrowers
number | Organization name |
Address, |
Main | Date of the main account opening |
number |
sum |
recoverability |
5. Information on the portfolio of borrowers applications
number |
Full name | Address |
Main |
goal |
sum |
time |
The first head of ___________________ (Name)
(signature)
tamp (Date)
| Appendix 2 to subsidize the Rules rate interest on loans, issued to support Agriculture |
Brief description of the borrower *
1. Full name, legal form _________
_____________________________________________________________________
2. Ownership ________________________________________
3. Legal, factual and email addresses, phone numbers,
fax machine ________________________________________________________________
4. The certificate of state registration, issuing authority,
number, date and place of issue __________________________________________
5. The authorized capital of __________________________________
6. Founders _________________________________________________
7. Bankers _______________________________________
8. Place of registration for tax, TIN number ______________
9. Name first director, office and home phones
_____________________________________________________________________
10. The main activities, capacity of the plant __________
_____________________________________________________________________
11. Annual turnover amount _____________________________________
12. The gain or loss on the last reporting date, the amount
_____________________________________________________________________
13. The actual number of employees ________________________
14. The arrears of payments to the budget, taxes and other charges
(For any type and amount) ____________________________________________
15. Arrears on loans (to whom and amount) __________________
16. Supposed markets and their capacity to KZT
_____________________________________________________________________
17. The main types of equipment used and their
productivity (tons, liters, pieces per shift) _____________________
_____________________________________________________________________
18. Major suppliers of agricultural commodities (attach
Preliminary Treaty, references, etc.). __________________________
(In the case of own raw materials to make
help the borrower on the volume of its own production
agricultural products)
19. Information on the activities of the company over the past 2 years.
years | purchased raw materials |
produced by |
number |
The sum paid | ||
in money | Raw material, meas.unit |
in money | Raw material, meas.unit | |||
First Employee ___________________ (Name)
(Position) (signature)
Stamp (date)
** Information about ___________________________________________________
(Company name)
reaffirm that ___________________________ (position, name, seal)
(signature)
Note:
* To be completed separately for each borrower
** Data certified by the signature and seal of the head of the financial institution or its branch, which is serviced by the borrower.
| Appendix 3 to subsidize the Rules rate interest on loans, issued to support Agriculture |
Brief description of the project the borrower *
1. Name of the borrower, ___________________________________________
2. Amount of the loan (leasing), tenge / USD / EUR ___________________
3. Term of crediting (leasing) months. ________________________________
4. Interest rate,% _________________________________________
5. The purpose of the project _____________________________________________________
_____________________________________________________________________
number |
name of purchased | Price | number | sum |
First Manager ________________ (full name)
(Position) (signature)
Stamp (date)
** Information about _____________________________________________
(Company name)
confirm: ______________ (position, Full name, seal)
(signature)
Note:
* To be completed separately for each loan borrower
** Data certified by the signature and seal of the head of the financial institution or its branch, which is serviced by the borrower.
| Appendix 4 to subsidize the Rules rate interest on loans, issued to support Agriculture |
The calculation of interest on the loan (leasing), provided
financial institution to subsidize
Number __________ from ___________________
(Number and date of the loan agreement)
Month |
Loan Amount / residue |
The amount of interest |
sum |
maturity value |
First | ||||
Second | ||||
Third | ||||
Fourth | ||||
Fifth | ||||
Sixth | ||||
Seventh | ||||
Eighth | ||||
Ninth | ||||
Tenth | ||||
Eleventh | ||||
Twelfth | ||||
Total: |
First Branch Manager
financial institution ___________________________ (signature, name)
Date Stamp
first head
Company _______________________ (signature, name)
Date Stamp
| Appendix 5 to subsidize the Rules rate interest on loans, issued to support Agriculture |
Reference
_____________________ Borrower hereby notifies that the loans
(Borrower's name)
presented by the financial institution to obtain ___________________
(Financial institution name)
subsidies of the budget program 039 "Compensation of interest rates on loans to support agriculture" did not participate in the "Business Road Map 2020" program and other programs of interest rate subsidy.
First Employee ___________________ (name and last name)
(signature)
MP (date)
* Information about _________________________________________________
(Company name)
confirm: ___________________ (position, Full name, seal)
(signature)
Note:
* Data certified by the signature and seal of the head of the financial institution or its branch, which is serviced by the borrower.
| Appendix 6 to subsidize the Rules rate interest on loans, issued to support Agriculture |
Request
on the transfer of funds from the national budget for subsidizing interest rates on loans,
issued by a financial institution borrowers
These financial institution __________ asks the Ministry of Agriculture of the Republic of Kazakhstan are listed according to the contract for sponsorship from _______ 2011 number ____ funds from the state budget at the expense of the financial institution number _______, open the program 039 "Compensation of interest rates on agricultural support loans" in the amount of __________ ___________ tenge for the period.
head
financial institution ________________ (signature, name)
MP
| Appendix 7 to subsidize the Rules rate interest on loans, issued to support Agriculture |
Report
actual accrual and redemption rates
for ____ quarter of 2011, interest on loans and
Application for transfer of subsidies for _____ quarter of 2011
number |
Name |
Total |
Total listed |
Actually |
Deviation (+ -) | ||
Total |
including | Total |
including | gr.4-gr.6 | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Table continuation
actually credited |
paid by the borrower |
Application of the financial institution for the quarter __ 20 | |||||||
total amount |
repayment |
subsidy | |||||||
Total | including during the reporting period | Total | including during the reporting period | % | sum | % | sum | % | sum |
9 | 10 | eleven | 12 | thirteen | 14 | fifteen | 16 | 17 | 18 |
Note:
* Excluding the amount of subsidy
** including the amount of deviations gr.8.
The head of a financial institution _________ (signature, name)
MP
| Appendix 8 to subsidize the Rules rate interest on loans, issued to support Agriculture "Approved" Responsible Secretary of the Ministry of Agriculture of the Republic of Kazakhstan |
|
| ___________________________________ | |
| from "___" ___________ 2011 |
Sheet
to subsidize the interest rates of remuneration loan of the budget program 039 "Compensation rates
voznagramadeniya for supporting agriculture loans " consent agreement on subsidies by 2011 ____ ____ number
Name | lending terms |
Actually |
Total | ||
sum |
annual amount of |
annual amount of | |||
1 | 2 | 3 | 4 | 5 | 6 |
Table continuation
application of the financial | subsidy | ||||
total amount |
repayment |
subsidy |
Charge for |
total accrual |
subject to |
sum | sum | ||||
7 | 8 | 9 | 10 | eleven | 12 |
Director responsible department ___________ (signature, name)
| Appendix 9 to subsidize the Rules rate interest on loans, issued to support Agriculture |
Information
of financial and economic activity of the borrower _____________
(Borrower's name)
years | purchased raw materials |
produced by |
If- |
sum |
Volume of export | ||
in money | Raw material, meas,unit |
in money | Raw material, meas,unit | ||||
2010 | |||||||
2011 * | |||||||
Note:
* Including targets for the month of December
** in the case of its exports
first head
borrower _________________________ (signature, name)
Ch. Accountant ________________________ (signature, name)
