On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex

Order of the Minister of Agriculture of the Republic of Kazakhstan dated May 5, 2016 No. 205. Registered in the Ministry of Justice of the Republic of Kazakhstan on July 4, 2016 No. 13876

      Unofficial translation

      In accordance with paragraph 2 of Article 11 of the Law of the Republic of Kazakhstan dated July 8, 2005 “On state regulation of development of agro-industrial complex and rural territories”, I HEREBY ORDER:

      1. To approve the Rules for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex, in accordance with appendix 1 to this Order.

      2. To declare invalid the orders of the Minister of Agriculture of the Republic of Kazakhstan, in accordance with appendix 2 to this order.

      3. The Department of investment policy and financial instruments of the Ministry of Agriculture of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:

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

      2) within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, sending of its copy to the official publication in periodicals and in the legal information system "Adіlet", as well as within five working days to the Republican State Enterprise “Republican Legal Information Center” for placement in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;

      3) placement of this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of government bodies.

      4. The supervising vice minister of agriculture of the Republic of Kazakhstan shall be authorized to oversee the execution of this order.

      5. This order shall come into force after the day of its first official publication.

      Minister of agriculture of the
      Republic of Kazakhstan A. Mamytbekov

      "AGREED"

      Minister of finance of the

      Republic of Kazakhstan

      ______________ B. Sultanov

      May 13, 2016

      "AGREED"

      Minister of national economy of the

      Republic of Kazakhstan

      ______________ K. Bishimbayev

      June 7, 2016

  Appendix 1
to the order of the Minister of
agriculture of the
Republic of Kazakhstan
dated May 5, 2016, № 205

Rules for subsidizing interest rates on loan and
leasing obligations as part of the direction for financial recovery of entities
of agro-industrial complex

      Footnote. The rules are as amended by the order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated 28.12.2018 No. 548 (shall be enforced from 01.01.2019).

Chapter 1. General provisions

      1. These Rules for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex (hereinafter the Rules) determine the procedure for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex (hereinafter - the AIC) approved by the financial recovery commission in 2013-2015.

      2. The following basic concepts are used in these Rules:

      1) a personal cabinet - a personal web page of the user (borrower, financial institution, working body) in the registry;

      2) a personal account - an account opened in the subsidy information system, reflecting information about the user registered in the registry, necessary for his identification (authentication) and providing access to his personal data and settings;

      3) a service provider - a person providing access to the subsidy information system and its support as an owner, which is determined by the working body in accordance with the legislation on public procurement;

      4) creditors’ committee - a commission formed of representatives of financial institutions-creditors, with the possibility of including a representative of the relevant industry association for each individual borrower;

      5) payables - obligations of the borrower arising to other business entities in connection with the replenishment of working capital, the acquisition of fixed assets, leasing of agricultural and special equipment, technological equipment, as well as refinancing of obligations to other creditors;

      6) loan and leasing obligations - the obligations of the borrower, in respect of which it is possible to apply the financial recovery measures under these Rules, arising to financial institutions in connection with obtaining a loan / leasing for the purpose of replenishing the working capital, acquisition of fixed assets and construction, as well as refinancing of debt, arising in connection with obtaining a loan / leasing for the above purposes;

      7) restructuring of loan and leasing obligations - increasing the terms of repayment, changing the order and sequence of repayment of payments, changing the interest rate, as well as providing a grace period for repayment of borrowers' loan and leasing obligations;

      8) refinancing of loan / creditor and leasing obligations - providing new targeted loans to borrowers, or replacing the previously issued loans by concluding additional agreements with long-term repayment periods, low interest rates and grace periods for paying off the existing debts;

      9) a financial agent - a national management holding, operating in the field of agro-industrial complex;

      10) financial institutions – the second-tier banks, organizations engaged in certain types of banking operations, loan partnerships in the field of AIC, microfinance / microcredit organizations, leasing companies engaged in activities in the AIC sector;

      11) financial recovery - restructuring, refinancing of borrowers' loan / creditor and leasing obligations, used to replenish working capital, acquisition of fixed assets and construction, leasing of technological equipment, agricultural equipment, as well as refinancing of debt, arising from obtaining a loan / lease for the above purposes, with the support of the state in the form of subsidizing interest rates;

      12) a working body for distribution of subsidy funds at the financial recovery commissions (hereinafter - the working body) - a local executive body in agriculture area of the akimats of regions, cities of republican significance and the capital;

      13) a decision of a financial recovery commission - a decision on approval / disapproval of financial recovery in relation to the borrower;

      14) a borrower - an AIC entity operating in the field of agro-industrial complex, including the processing and sale of agricultural products and having loan / creditor and leasing obligations;

      15) the funding means – the borrowed funds of a financial agent provided to financial institutions for subsequent restructuring / refinancing of borrowers' loan and leasing obligations;

      16) subsidizing interest rate - a form of the state support to AIC entities used to partially reimburse expenses paid by a borrower to a financial institution as an interest for loan and / or leasing obligations;

      17) an application for subsidizing - an electronic application of a financial institution for payment of interest rates for the financial recovery of AIC entities;

      18) an electronic registry of applications for subsidizing (hereinafter referred to as the register) - a set of information about applications for subsidizing , as well as about borrowers, financial institutions, and other information reflected in the subsidy information system;

      19) subsidy information system - an organizationally structured set of information and communication technologies, maintenance personnel and technical documentation designed to provide services for implementation of subsidy processes, providing the possibility of registering an application for changing the conditions of subsidizing, as well as its processing by automatically checking the application for compliance with the subsidy conditions;

      20) a web portal of the subsidy information system (hereinafter referred to as the web portal) - an Internet resource that provides access to the subsidy information system;

      21) technological equipment - equipment for production and processing of agricultural products, consisting of equipment for direct and auxiliary use, without which a full technological cycle cannot be ensured;

      22) “electronic government” web portal - an information system that is a single window of access to all consolidated government information, including the regulatory legal framework, and to the state services, the services for issuance of technical conditions for connecting natural monopolies to networks and services of entities of quasi-public sector, rendered in electronic form;

      23) electronic digital signature (hereinafter - EDS) - a set of electronic digital symbols created by means of electronic digital signature and confirming the authenticity of an electronic document, its identity and invariance of content.

      3. Subsidizing interest rates is carried out in relation to borrowers whose applications for subsidizing were approved by the financial recovery commission in 2013-2015, including those approved with suspensive conditions.

      4. Financial recovery is carried out on loan / creditor and leasing obligations arising before January 1, 2014.

      5. Agreements on loan and leasing obligations of borrowers are subject to subsidizing interest rate, except for the agreements under which the support is provided in the form of subsidizing interest rate under other state and / or government programs.

      6. Financial recovery of loan and leasing obligations of borrowers financed from the republican budget and (or) the National Fund of the Republic of Kazakhstan is carried out provided that they are replaced with financial resources from extra-budgetary funds by replacing the source of financing.

      7. Activities of borrowers should not be in the stage of changing the legal form, liquidation or bankruptcy, except for the cases of restructuring of financial debt of borrowers, as well as borrowers who are in an accelerated rehabilitation procedure or rehabilitation procedure. At the same time, the borrowers for whom a decision was made by the financial recovery commission to terminate subsidies do not re-participate in the financial recovery procedure.

      8. Financial recovery is carried out provided that financial institutions write off the accrued fines and penalties, the accrued overdue interest is made with installment payment by a separate schedule (without capitalization in the principal debt) with an interest rate of not more than 0.1% per annum, unless the borrower agrees for capitalization of the overdue interest in the principal debt.

      9. Subsidizing interest rate is carried out with simultaneous observation of the conditions specified in subparagraphs 1) and 3) or subparagraphs 2) and 3) of this paragraph:

      1) increase by financial institutions of the terms for repayment of loan and leasing obligations of borrowers for a period not exceeding 9 (nine) years;

      2) refinancing payables of AIC entities to other business entities with their replacement by loans of financial institutions with a repayment period of not more than 9 (nine) years, or replacement of the previously issued loans by entering into additional agreements;

      3) compliance with the criteria for subsidizing interest rate in restructuring / refinancing of loan / creditor and leasing obligations by the borrower, specified in paragraph 16 of these Rules, as well as compliance with the parity participation of the parties in financial recovery, referred to in paragraph 10 of these Rules.

      10. When conducting financial recovery of borrowers, the interested parties assume the following obligations:

      1) financial institutions, in the event of financial recovery at their own expense or the funds, attracted without the participation of a financial agent, in accordance with paragraph 8 of these Rules write off the fines and penalties for the restructured / refinanced loans / leases and set the interest rate on the restructured loan no more than 14 (fourteen) % per annum in tenge and not more than 10 (ten) % in foreign currency; prolong the terms of loan repayment for a period of not more than 9 (nine) years or provide new loans with interest rates of not more than 14 (fourteen) % per annum in tenge and 10 (ten)% in foreign currency, with repayment periods of not more than 9 (nine) years, or replace previously issued loans by entering into additional agreements. Moreover, if the interest rate on a loan from a financial institution is equal to or lower than 14 (fourteen) % per annum, then 7 (seven) % per annum in tenge and 5 (five) % in foreign currency are subsidized by the state; the difference is paid by the borrower.

      Financial institutions, in the event of financial recovery from funding means with participation of a financial agent, in accordance with paragraph 8 of these Rules write off the fines and penalties for the restructured / refinanced loans / leases and set the interest rate on the restructured loan no more than 7 (seven) % per annum in tenge and 5 (five) % per annum in foreign currency; prolong the terms of loan repayment for a period of not more than 9 (nine) years or provide new loans with interest rates of not more than 7 (seven) % per annum in tenge and 5 (five) % per annum in foreign currency with repayment periods of not more than 9 (nine) years, or replace previously issued loans by entering into additional agreements;

      2) borrowers take all measures for stable payment of the principal debt of the restructured / refinanced loan and interest on it, exclude the distribution of net profit until the debt and interest on it are fully repaid;

      3) the owners of the borrowers provide support by: non-distributing all the profits among the participants until the borrowers fully repay their obligations to financial institutions under the terms of financial recovery, additional capitalization, attracting investors, full assistance to financial institutions in fulfilling the conditions of financial recovery.

      11. The interest rate on placement of the funding means is set at no more than 10 (ten) % per annum in tenge, 7 (seven) % of which is subsidized by the state and no more than 6 (six) % per annum in foreign currency, 5 (five) % of which is subsidized by the state on the basis of a decision of the financial recovery commission for the subsequent placement of the funding means by a financial agent in financial institutions.

      12. Funding means are placed by a financial agent in financial institutions with an interest rate of not more than 3 (three) % per annum in tenge and 1 (one) % in foreign currency.

      13. Subsidizing interest rate without the participation of a financial agent is carried out by reducing it on loan and leasing obligations of borrowers by 7 (seven) % per annum in tenge and 5 (five) % in foreign currency.

      14. The provision of funds to subsidize the interest rate on the restructured / refinanced loan / leasing creditor obligations of borrowers with the participation of a financial agent is carried out under the current (concluded) bilateral agreement between the working body and the financial agent (hereinafter - the subsidy agreement).

      15. The financial institution in the first half of 2017 updates the financial recovery plans of AIC entities and sends it to the working body.

      Within a month, the working body submits the updated plans for the financial recovery of AIC entities to the meeting of the financial recovery commission.

      In the absence of the updated plans for financial recovery of AIC entities, the subsidy agreements shall be excluded from the financial recovery program of AIC entities by a decision of the working body after three months from the date of entry into force of these Rules.

      16. Subsidizing interest rate may be carried out for the borrower's loan / creditor and leasing obligations, as well as for obligations linked to foreign currency. Moreover, the amounts of subsidies are paid in tenge at the exchange rate established by the National Bank of the Republic of Kazakhstan on the date of transfer of the amounts of subsidies. In the event of a positive exchange rate difference, it is counted against future subsidies, and in the case of a negative exchange rate difference, it is paid by the borrower.

      17. When subsidizing with the participation of a financial agent, the amount of subsidies is provided to the financial agent in the amount of 7 (seven) % of the total funding means, placed in financial institutions in tenge and 5 (five) % per annum placed in foreign currency. In this case, the amount of the subsidy is determined taking into account the annual return of funding means from financial institutions.

      18. When subsidizing with the participation of a financial agent, the volume of funding means and the period of their repayment should not exceed the amount of the principal debt and the duration of the loan and leasing obligations of borrowers being restructured / refinanced by financial institutions.

Chapter 2. Conditions for receiving subsidies

      19. Subsidies are paid subject to the following conditions:

      1) filing of an application by a financial institution / financial agent for subsidizing in the form, in accordance with the appendix to these Rules, through the "electronic government" web portal.

      Information interaction of the web portal of "electronic government" and the subsidy information system is carried out in accordance with the legislation of the Republic of Kazakhstan;

      2) registration of the application for subsidizing in the subsidy information system;

      3) the presence of a personal account of a financial institution / financial agent in the subsidy information system, the data of which is confirmed as a result of the information interaction of the subsidy information system with state databases “Legal Entities” or “Individuals”.

      4) the availability of a valid (not cancelled and not terminated) interest rate subsidy agreement upon financial recovery of AIC entities on a submitted application for subsidizing;

      5) the borrower has no overdue obligations on the principal debt and / or interest under the subsidized loan agreement (at the time of filing the application for payment).

Chapter 3. Procedure for payment of subsidies

      20. Subsidizing includes the following processes:

      1) applying for a subsidy;

      2) payment of a subsidy;
3) amendment of the subsidy agreement;

      4) termination of the subsidy agreement.

      21. The decision of the working body is signed by the EDS of the first head of the working body.

      22. To open a personal account in the subsidy information system:

      1) a financial institution / financial agent must have an electronic digital signature for self-registration in the subsidy information system;

      2) the working body, financial institution / financial agent annually sends the updated lists of employees who have digital signatures to the service provider.

      Access to the subsidy information system is provided to the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry) constantly online for free.

      The Ministry annually sends a list of responsible persons in accordance with the requirements for protection of personal data to a service provider that has access to the subsidy information system.

      23. For registration when opening personal accounts, the financial institution / financial agent indicates the following information:

      1) for legal entities: business identification number (hereinafter - BIN), full name; surname, name and patronymic (if any) and an individual identification number (hereinafter - IIN) of the first head;2) for individual entrepreneurs: IIN, surname, name and patronymic (if any);

      3) contact details (postal address, telephone, email address);

      4) details of the current account in a second-tier bank.If the above data is changed, the financial institution / financial agent within one working day changes the personal account data entered in the Personal cabinet.

      24. Formation and registration of an application for subsidizing is carried out in the Personal cabinet in the following order:

      1) an application for subsidizing is formed with the entry of information in it necessary for verification by the subsidy information system;

      2) an application for subsidizing is registered in the subsidy information system by its signing by a financial institution / financial agent using EDS and becomes available in the Personal cabinet of the working body. An electronic notice is sent to the electronic address of the working body on the receipt of a subsidy application for consideration.

      25. The subsidy agreement provides for the right of the working body to terminate it unilaterally in the following cases:

      1) misuse of funds under a loan agreement;

      2) the arrest of the borrower's accounts by a court decision that has entered into legal force after approval of participation in the financial recovery program;

      3) existence of overdue obligations of the borrower to repay the principal debt and / or interest over 90 (ninety) calendar days;

      4) full repayment by a borrower of obligations to a financial institution under a restructured / refinanced loan / leasing agreement. The date of termination of subsidizing interest rate will be considered the date of full fulfillment of obligations by the borrower to a financial institution under a restructured / refinanced loan / leasing agreement;

      5) the initiative (written request) of the borrower to terminate subsidizing;

      6) the initiative of a financial agent to terminate subsidizing;

      7) non-fulfillment of the plan by the borrower for financial recovery of AIC entities within 2 (two) years.

      26. The working body within one working day from the date of registration of the application for subsidizing confirms its acceptance by signing using the EDS. This notice becomes available in the Personal cabinet of a financial institution / financial agent in the subsidy information system in case of self-registration.

      27. In accordance with the Financing Plan, the working body generates payment orders for payment of subsidies in the subsidy information system, uploaded to the Treasury-Client information system, within two working days after submitting an application for subsidizing in accordance with paragraph 26 of these Rules.

      For applications for subsidizing in which the amount of subsidies exceeds the amount of budgetary funds provided for in the Financing Plan for the corresponding month, the payment of subsidies is carried out next month in the order of priority from the moment of filing the application for subsidizing.

      28. The accrual of funds for subsidizing interest rates on loan and leasing obligations begins from the day of conclusion of the agreement on restructuring / refinancing of obligations signed by the borrower and the financial institution. The payment of subsidy funds is carried out until the end of the term of the subsidy agreement, from the moment of its conclusion at the expense and within the limits of the funds provided for in the corresponding budget program. Moreover, the distribution of funds for subsidizing is carried out taking into account the previously concluded subsidy agreements.

      29. In the event that prior to the formation of payment orders by the working body, it is revealed that there is a discrepancy in the data in the registered application for subsidizing, the borrower has the right to withdraw the application for subsidizing, indicating the reason for the withdrawal.

      30. A financial institution / financial agent opens a special bank account for the transfer of the amounts of subsidies by the working body under the concluded subsidy agreements, and if this is not possible, opens a special account in a servicing bank.31. A financial institution / financial agent uses funds in a special bank account only to pay a subsidized part of the interest rate to a borrower under a loan agreement.

      32. Upon receipt of a non-subsidized part of the interest rate from the borrower, the financial institution deducts the subsidized part of the interest rate from the special bank account in accordance with the repayment schedule for the restructured / refinanced loan / leasing agreement.

      33. In the case of the due date of the restructured / refinanced loan / leasing agreement and the lack of funds in the special bank account of the financial institution to pay the subsidized part of the interest rate, the borrower pays the full interest rate at his own expense. The financial institution in the subsidy information system notifies the borrower at least 5 (five) working days before the due date of the need to pay the full interest rate at their own expense. The working body reimburses the subsidized part of the interest rate by crediting funds to a special bank account of a financial institution. In this case, the financial institution compensates the borrower for the previously paid, subsidized part of the interest rate by transferring the subsidized interest rate to the borrower's current account.

      34. The working body monthly forms a consolidated amount in the subsidy information system according to the concluded subsidy agreements and monthly transfers the subsidized part of the interest rate to the special bank account of the financial institution in advance in the month, preceding the month, in which the next payment of subsidies should be made.
35. The working body within 3 (three) working days from the date of receipt of the notification in the subsidy information system from a financial institution to amend the terms of the existing subsidy agreement:

      1) checks the compliance of the amended conditions of the subsidy agreement with the conditions established by these Rules;

      2) in case of compliance of the proposed amendments with the conditions of these Rules, takes and draws up a decision to amend the subsidy agreement and notifies the financial institution thereof.

      In the event of a change in the terms of restructured / refinanced loan and leasing agreements, the financial institution receives the borrower's consent to use the information constituting a secret protected by law contained in information systems.

      36. In the event of the formation of the balance of unused funds in a special account, their return is ensured:

      1) upon exclusion of the borrower from the program, by a financial institution within one month after the working body makes a decision;

      2) upon changing the terms of the current loan agreement, as well as early repayment of the principal debt by the financial institution within 5 (five) working days after the submission of quarterly reports;

      3) if the borrower does not fulfill its obligations to pay off the scheduled payment of the principal debt and / or interest for a period of more than 90 (ninety) consecutive calendar days within 10 (ten) working days from the date of receipt of information from the working body on termination of subsidizing the borrower.

      In this case, the refund of payments made in the current fiscal year is carried out by restoring the cash expenses of the working body by increasing the amount of unfulfilled obligations and reducing cash expenses according to the relevant codes of the budget classification of expenses. In case of refund of payments of past years, the amount of the refund is credited to the income of the corresponding budget from which the payments were made.

      37. Changes in the terms of restructured / refinanced loan and leasing agreements (interest rate, maturity date, deferral of payment of principal debt and / or interest) are possible no more than once a year. At that, in case of a change (extension) of the terms of the restructured / refinanced loan and leasing agreements, the terms of subsidizing are not extended, and capitalization of interest in the principal debt is not allowed.

      The financial institution / financial agent in the subsidy information system notifies the working body with the attached copy of the decision to change the terms of financing, an updated schedule for repayment of the principal debt, interest and the amount of subsidies.

      38. An additional agreement to the subsidy agreement with the updated schedule of subsidizing the borrower is based on the decision of the working body between the financial institution / financial agent and the working body, within 5 (five) working days from the date of receipt by the financial institution / financial agent of the notice of the working body on positive decision to amend the subsidy agreement.

      In this case, a change to the subsidy agreement is allowed provided that the corresponding loan agreement has been changed by the financial institution in agreement with the borrower (not unilaterally).

      39. In the event that a financial institution changes the terms of an existing restructured / refinanced loan / leasing agreement (interest rate, term for payment of interest, provision for deferral of payment of principal debt and / or interest), the financial institution sends a notice within 10 (ten) calendar days in the subsidy information system with a package of documents containing a copy of the decision made to change the terms of financing, an updated schedule for repayment of the principal debt and interest for their transfer to the working body.

      40. In case of non-compliance with the terms of these Rules and a negative decision made by the working body, the terms of the current restructured / refinanced loan / leasing agreement remain unchanged.

      In case of partial early repayment of the principal debt by the borrower under a restructured / refinanced loan agreement, the financial institution credits the subsidies calculated on the basis of the accrued interest.

      When making a positive decision, the working body within 10 (ten) working days makes the appropriate changes to the subsidy agreement without the participation of a financial agent, subject to the conditions of paragraph 35 of these Rules.

      41. In case if the financial institution plans to amend the terms of the current restructured / refinanced loan / creditor / leasing agreement (granting a deferral on payment of the entire amount of the principal debt or part thereof), it notifies the financial agent in writing about this within 5 (five) working days.

      Within 5 (five) working days from the date of receipt of the notification, the financial agent sends a letter to the financial institution about consent or disagreement to change the repayment schedule of the principal debt or part thereof.

      Based on a letter from a financial agent, the financial institution conducts one of the following activities:

      1) if the financial agent agrees to change the repayment schedule for the entire amount of the principal debt or part thereof, it sends a notification in the subsidy information system to the working body with a package of documents containing a copy of the decision made to change the financing conditions, an updated repayment schedule for the principal debt and a letter from the financial agent;

      2) in case of disagreement of the financial agent to change the repayment schedule of the principal debt or part thereof, it sends a notification in the subsidy information system to the working body with a package of documents regarding consideration of the possibility of further application of financial recovery measures to the borrower without the participation of funding means.

      42. If there is a letter of consent of the financial agent and compliance with the terms of these Rules, the working body within 10 (ten) working days makes the appropriate changes to the subsidy agreement of the financial agent in compliance with the terms of paragraph 34 of these Rules.

      If the financial agent does not agree, the working body within 15 (fifteen) working days terminates the subsidy agreement of the financial agent and concludes a subsidy agreement without the participation of the financial agent, subject to the conditions of paragraphs 10 and 34 of these Rules.

      43. The financial institution returns the funding means to the financial agent within 10 (ten) working days after signing the subsidy agreement.

      The balance of unused funds is returned by the financial agent in accordance with paragraph 36 of these Rules.

      44. The financial institution / financial agent, from the day when it became aware of the occurrence of an event that is the basis for the unilateral termination of the subsidy agreement by the working body, it is necessary to notify the working body of such an event in the subsidy information system within 5 (five) working days.

      The working body within 5 (five) working days from the date of receipt of the notification from the financial institution / financial agent takes and draws up a decision to terminate the subsidy agreement and notifies the financial institution / financial agent about it.

      The subsidy agreement is considered terminated from the day the financial institution / financial agent receives a notification of the relevant decision of the working body.

      45. The refusal to provide subsidies to the borrower is made on the grounds provided for by subparagraphs 1) and 2) of paragraph 2 of Article 19-1 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On public services”.

  Appendix
to the Rules for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex
Form

Application for subsidizing

"____" __________20__

      Hereby, financial institution / financial agent ________________________ in the framework of the budget program _______________________________________

      _______________________________________________________________________
asks the Department of agriculture of __________________________ region (cities of republican significance, the capital) in accordance with the subsidy agreement dated __________ 20___ №_____ to transfer funds from the republican budget to the account of the financial institute/financial agent
№_____________ in the amount of ___________________ tenge for __________ period.

      Signed and sent by the applicant at 00:00 "__" __________ 20__:

      Data from EDS

      Date and time of signing by EDS

      Application acceptance notice:

      Accepted by the department at 00:00 "__" ______ 20__:

      Data from EDS

      Date and time of signing by EDS

  Appendix 2
to the order of the Minister of agriculture of the Republic of Kazakhstan dated May 5, 2016 № 205

List of invalid orders of the
Minister of Agriculture of the Republic of Kazakhstan

      1. The order of the Minister of Agriculture of the Republic of Kazakhstan dated April 9, 2015 No. 9-1 / 320 “On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex” (registered in the Register of state registration of regulatory legal acts No. 10763, published on May 8, 2015 in the legal information system "Adilet").

      2. The order of the Minister of Agriculture of the Republic of Kazakhstan dated August 24, 2015 No. 9-1 / 760 “On amendments and additions to the order of the Minister of Agriculture of the Republic of Kazakhstan dated April 9, 2015 No. 9-1 / 320 “On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex” (registered in the Register of state registration of regulatory legal acts No. 12301, published on November 24, 2015 in the legal information system "Adilet").

      3. The order of the Minister of Agriculture of the Republic of Kazakhstan dated December 18, 2015 No. 9-1 / 1099 "On amendments to the order of the Minister of Agriculture of the Republic of Kazakhstan dated April 9, 2015 No. 9-1 / 320 "On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex” (registered in the Register of state registration of regulatory legal acts No. 12451, published on December 22, 2015 in the legal information system "Adilet").


On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex

Order of the Minister of Agriculture of the Republic of Kazakhstan dated May 5, 2016 No. 205. Registered in the Ministry of Justice of the Republic of Kazakhstan on July 4, 2016 No. 13876

      Unofficial translation

      In accordance with paragraph 2 of Article 11 of the Law of the Republic of Kazakhstan dated July 8, 2005 “On state regulation of development of agro-industrial complex and rural territories”, I HEREBY ORDER:

      1. To approve the Rules for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex, in accordance with appendix 1 to this Order.

      2. To declare invalid the orders of the Minister of Agriculture of the Republic of Kazakhstan, in accordance with appendix 2 to this order.

      3. The Department of investment policy and financial instruments of the Ministry of Agriculture of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:

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

      2) within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, sending of its copy to the official publication in periodicals and in the legal information system "Adіlet", as well as within five working days to the Republican State Enterprise “Republican Legal Information Center” for placement in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan;

      3) placement of this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of government bodies.

      4. The supervising vice minister of agriculture of the Republic of Kazakhstan shall be authorized to oversee the execution of this order.

      5. This order shall come into force after the day of its first official publication.

      Minister of agriculture of the
      Republic of Kazakhstan A. Mamytbekov

      "AGREED"

      Minister of finance of the

      Republic of Kazakhstan

      ______________ B. Sultanov

      May 13, 2016

      "AGREED"

      Minister of national economy of the

      Republic of Kazakhstan

      ______________ K. Bishimbayev

      June 7, 2016

  Appendix 1
to the order of the Minister of
agriculture of the
Republic of Kazakhstan
dated May 5, 2016, № 205

Rules for subsidizing interest rates on loan and
leasing obligations as part of the direction for financial recovery of entities
of agro-industrial complex

      Footnote. The rules are as amended by the order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated 28.12.2018 No. 548 (shall be enforced from 01.01.2019).

Chapter 1. General provisions

      1. These Rules for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex (hereinafter the Rules) determine the procedure for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex (hereinafter - the AIC) approved by the financial recovery commission in 2013-2015.

      2. The following basic concepts are used in these Rules:

      1) a personal cabinet - a personal web page of the user (borrower, financial institution, working body) in the registry;

      2) a personal account - an account opened in the subsidy information system, reflecting information about the user registered in the registry, necessary for his identification (authentication) and providing access to his personal data and settings;

      3) a service provider - a person providing access to the subsidy information system and its support as an owner, which is determined by the working body in accordance with the legislation on public procurement;

      4) creditors’ committee - a commission formed of representatives of financial institutions-creditors, with the possibility of including a representative of the relevant industry association for each individual borrower;

      5) payables - obligations of the borrower arising to other business entities in connection with the replenishment of working capital, the acquisition of fixed assets, leasing of agricultural and special equipment, technological equipment, as well as refinancing of obligations to other creditors;

      6) loan and leasing obligations - the obligations of the borrower, in respect of which it is possible to apply the financial recovery measures under these Rules, arising to financial institutions in connection with obtaining a loan / leasing for the purpose of replenishing the working capital, acquisition of fixed assets and construction, as well as refinancing of debt, arising in connection with obtaining a loan / leasing for the above purposes;

      7) restructuring of loan and leasing obligations - increasing the terms of repayment, changing the order and sequence of repayment of payments, changing the interest rate, as well as providing a grace period for repayment of borrowers' loan and leasing obligations;

      8) refinancing of loan / creditor and leasing obligations - providing new targeted loans to borrowers, or replacing the previously issued loans by concluding additional agreements with long-term repayment periods, low interest rates and grace periods for paying off the existing debts;

      9) a financial agent - a national management holding, operating in the field of agro-industrial complex;

      10) financial institutions – the second-tier banks, organizations engaged in certain types of banking operations, loan partnerships in the field of AIC, microfinance / microcredit organizations, leasing companies engaged in activities in the AIC sector;

      11) financial recovery - restructuring, refinancing of borrowers' loan / creditor and leasing obligations, used to replenish working capital, acquisition of fixed assets and construction, leasing of technological equipment, agricultural equipment, as well as refinancing of debt, arising from obtaining a loan / lease for the above purposes, with the support of the state in the form of subsidizing interest rates;

      12) a working body for distribution of subsidy funds at the financial recovery commissions (hereinafter - the working body) - a local executive body in agriculture area of the akimats of regions, cities of republican significance and the capital;

      13) a decision of a financial recovery commission - a decision on approval / disapproval of financial recovery in relation to the borrower;

      14) a borrower - an AIC entity operating in the field of agro-industrial complex, including the processing and sale of agricultural products and having loan / creditor and leasing obligations;

      15) the funding means – the borrowed funds of a financial agent provided to financial institutions for subsequent restructuring / refinancing of borrowers' loan and leasing obligations;

      16) subsidizing interest rate - a form of the state support to AIC entities used to partially reimburse expenses paid by a borrower to a financial institution as an interest for loan and / or leasing obligations;

      17) an application for subsidizing - an electronic application of a financial institution for payment of interest rates for the financial recovery of AIC entities;

      18) an electronic registry of applications for subsidizing (hereinafter referred to as the register) - a set of information about applications for subsidizing , as well as about borrowers, financial institutions, and other information reflected in the subsidy information system;

      19) subsidy information system - an organizationally structured set of information and communication technologies, maintenance personnel and technical documentation designed to provide services for implementation of subsidy processes, providing the possibility of registering an application for changing the conditions of subsidizing, as well as its processing by automatically checking the application for compliance with the subsidy conditions;

      20) a web portal of the subsidy information system (hereinafter referred to as the web portal) - an Internet resource that provides access to the subsidy information system;

      21) technological equipment - equipment for production and processing of agricultural products, consisting of equipment for direct and auxiliary use, without which a full technological cycle cannot be ensured;

      22) “electronic government” web portal - an information system that is a single window of access to all consolidated government information, including the regulatory legal framework, and to the state services, the services for issuance of technical conditions for connecting natural monopolies to networks and services of entities of quasi-public sector, rendered in electronic form;

      23) electronic digital signature (hereinafter - EDS) - a set of electronic digital symbols created by means of electronic digital signature and confirming the authenticity of an electronic document, its identity and invariance of content.

      3. Subsidizing interest rates is carried out in relation to borrowers whose applications for subsidizing were approved by the financial recovery commission in 2013-2015, including those approved with suspensive conditions.

      4. Financial recovery is carried out on loan / creditor and leasing obligations arising before January 1, 2014.

      5. Agreements on loan and leasing obligations of borrowers are subject to subsidizing interest rate, except for the agreements under which the support is provided in the form of subsidizing interest rate under other state and / or government programs.

      6. Financial recovery of loan and leasing obligations of borrowers financed from the republican budget and (or) the National Fund of the Republic of Kazakhstan is carried out provided that they are replaced with financial resources from extra-budgetary funds by replacing the source of financing.

      7. Activities of borrowers should not be in the stage of changing the legal form, liquidation or bankruptcy, except for the cases of restructuring of financial debt of borrowers, as well as borrowers who are in an accelerated rehabilitation procedure or rehabilitation procedure. At the same time, the borrowers for whom a decision was made by the financial recovery commission to terminate subsidies do not re-participate in the financial recovery procedure.

      8. Financial recovery is carried out provided that financial institutions write off the accrued fines and penalties, the accrued overdue interest is made with installment payment by a separate schedule (without capitalization in the principal debt) with an interest rate of not more than 0.1% per annum, unless the borrower agrees for capitalization of the overdue interest in the principal debt.

      9. Subsidizing interest rate is carried out with simultaneous observation of the conditions specified in subparagraphs 1) and 3) or subparagraphs 2) and 3) of this paragraph:

      1) increase by financial institutions of the terms for repayment of loan and leasing obligations of borrowers for a period not exceeding 9 (nine) years;

      2) refinancing payables of AIC entities to other business entities with their replacement by loans of financial institutions with a repayment period of not more than 9 (nine) years, or replacement of the previously issued loans by entering into additional agreements;

      3) compliance with the criteria for subsidizing interest rate in restructuring / refinancing of loan / creditor and leasing obligations by the borrower, specified in paragraph 16 of these Rules, as well as compliance with the parity participation of the parties in financial recovery, referred to in paragraph 10 of these Rules.

      10. When conducting financial recovery of borrowers, the interested parties assume the following obligations:

      1) financial institutions, in the event of financial recovery at their own expense or the funds, attracted without the participation of a financial agent, in accordance with paragraph 8 of these Rules write off the fines and penalties for the restructured / refinanced loans / leases and set the interest rate on the restructured loan no more than 14 (fourteen) % per annum in tenge and not more than 10 (ten) % in foreign currency; prolong the terms of loan repayment for a period of not more than 9 (nine) years or provide new loans with interest rates of not more than 14 (fourteen) % per annum in tenge and 10 (ten)% in foreign currency, with repayment periods of not more than 9 (nine) years, or replace previously issued loans by entering into additional agreements. Moreover, if the interest rate on a loan from a financial institution is equal to or lower than 14 (fourteen) % per annum, then 7 (seven) % per annum in tenge and 5 (five) % in foreign currency are subsidized by the state; the difference is paid by the borrower.

      Financial institutions, in the event of financial recovery from funding means with participation of a financial agent, in accordance with paragraph 8 of these Rules write off the fines and penalties for the restructured / refinanced loans / leases and set the interest rate on the restructured loan no more than 7 (seven) % per annum in tenge and 5 (five) % per annum in foreign currency; prolong the terms of loan repayment for a period of not more than 9 (nine) years or provide new loans with interest rates of not more than 7 (seven) % per annum in tenge and 5 (five) % per annum in foreign currency with repayment periods of not more than 9 (nine) years, or replace previously issued loans by entering into additional agreements;

      2) borrowers take all measures for stable payment of the principal debt of the restructured / refinanced loan and interest on it, exclude the distribution of net profit until the debt and interest on it are fully repaid;

      3) the owners of the borrowers provide support by: non-distributing all the profits among the participants until the borrowers fully repay their obligations to financial institutions under the terms of financial recovery, additional capitalization, attracting investors, full assistance to financial institutions in fulfilling the conditions of financial recovery.

      11. The interest rate on placement of the funding means is set at no more than 10 (ten) % per annum in tenge, 7 (seven) % of which is subsidized by the state and no more than 6 (six) % per annum in foreign currency, 5 (five) % of which is subsidized by the state on the basis of a decision of the financial recovery commission for the subsequent placement of the funding means by a financial agent in financial institutions.

      12. Funding means are placed by a financial agent in financial institutions with an interest rate of not more than 3 (three) % per annum in tenge and 1 (one) % in foreign currency.

      13. Subsidizing interest rate without the participation of a financial agent is carried out by reducing it on loan and leasing obligations of borrowers by 7 (seven) % per annum in tenge and 5 (five) % in foreign currency.

      14. The provision of funds to subsidize the interest rate on the restructured / refinanced loan / leasing creditor obligations of borrowers with the participation of a financial agent is carried out under the current (concluded) bilateral agreement between the working body and the financial agent (hereinafter - the subsidy agreement).

      15. The financial institution in the first half of 2017 updates the financial recovery plans of AIC entities and sends it to the working body.

      Within a month, the working body submits the updated plans for the financial recovery of AIC entities to the meeting of the financial recovery commission.

      In the absence of the updated plans for financial recovery of AIC entities, the subsidy agreements shall be excluded from the financial recovery program of AIC entities by a decision of the working body after three months from the date of entry into force of these Rules.

      16. Subsidizing interest rate may be carried out for the borrower's loan / creditor and leasing obligations, as well as for obligations linked to foreign currency. Moreover, the amounts of subsidies are paid in tenge at the exchange rate established by the National Bank of the Republic of Kazakhstan on the date of transfer of the amounts of subsidies. In the event of a positive exchange rate difference, it is counted against future subsidies, and in the case of a negative exchange rate difference, it is paid by the borrower.

      17. When subsidizing with the participation of a financial agent, the amount of subsidies is provided to the financial agent in the amount of 7 (seven) % of the total funding means, placed in financial institutions in tenge and 5 (five) % per annum placed in foreign currency. In this case, the amount of the subsidy is determined taking into account the annual return of funding means from financial institutions.

      18. When subsidizing with the participation of a financial agent, the volume of funding means and the period of their repayment should not exceed the amount of the principal debt and the duration of the loan and leasing obligations of borrowers being restructured / refinanced by financial institutions.

Chapter 2. Conditions for receiving subsidies

      19. Subsidies are paid subject to the following conditions:

      1) filing of an application by a financial institution / financial agent for subsidizing in the form, in accordance with the appendix to these Rules, through the "electronic government" web portal.

      Information interaction of the web portal of "electronic government" and the subsidy information system is carried out in accordance with the legislation of the Republic of Kazakhstan;

      2) registration of the application for subsidizing in the subsidy information system;

      3) the presence of a personal account of a financial institution / financial agent in the subsidy information system, the data of which is confirmed as a result of the information interaction of the subsidy information system with state databases “Legal Entities” or “Individuals”.

      4) the availability of a valid (not cancelled and not terminated) interest rate subsidy agreement upon financial recovery of AIC entities on a submitted application for subsidizing;

      5) the borrower has no overdue obligations on the principal debt and / or interest under the subsidized loan agreement (at the time of filing the application for payment).

Chapter 3. Procedure for payment of subsidies

      20. Subsidizing includes the following processes:

      1) applying for a subsidy;

      2) payment of a subsidy;
3) amendment of the subsidy agreement;

      4) termination of the subsidy agreement.

      21. The decision of the working body is signed by the EDS of the first head of the working body.

      22. To open a personal account in the subsidy information system:

      1) a financial institution / financial agent must have an electronic digital signature for self-registration in the subsidy information system;

      2) the working body, financial institution / financial agent annually sends the updated lists of employees who have digital signatures to the service provider.

      Access to the subsidy information system is provided to the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry) constantly online for free.

      The Ministry annually sends a list of responsible persons in accordance with the requirements for protection of personal data to a service provider that has access to the subsidy information system.

      23. For registration when opening personal accounts, the financial institution / financial agent indicates the following information:

      1) for legal entities: business identification number (hereinafter - BIN), full name; surname, name and patronymic (if any) and an individual identification number (hereinafter - IIN) of the first head;2) for individual entrepreneurs: IIN, surname, name and patronymic (if any);

      3) contact details (postal address, telephone, email address);

      4) details of the current account in a second-tier bank.If the above data is changed, the financial institution / financial agent within one working day changes the personal account data entered in the Personal cabinet.

      24. Formation and registration of an application for subsidizing is carried out in the Personal cabinet in the following order:

      1) an application for subsidizing is formed with the entry of information in it necessary for verification by the subsidy information system;

      2) an application for subsidizing is registered in the subsidy information system by its signing by a financial institution / financial agent using EDS and becomes available in the Personal cabinet of the working body. An electronic notice is sent to the electronic address of the working body on the receipt of a subsidy application for consideration.

      25. The subsidy agreement provides for the right of the working body to terminate it unilaterally in the following cases:

      1) misuse of funds under a loan agreement;

      2) the arrest of the borrower's accounts by a court decision that has entered into legal force after approval of participation in the financial recovery program;

      3) existence of overdue obligations of the borrower to repay the principal debt and / or interest over 90 (ninety) calendar days;

      4) full repayment by a borrower of obligations to a financial institution under a restructured / refinanced loan / leasing agreement. The date of termination of subsidizing interest rate will be considered the date of full fulfillment of obligations by the borrower to a financial institution under a restructured / refinanced loan / leasing agreement;

      5) the initiative (written request) of the borrower to terminate subsidizing;

      6) the initiative of a financial agent to terminate subsidizing;

      7) non-fulfillment of the plan by the borrower for financial recovery of AIC entities within 2 (two) years.

      26. The working body within one working day from the date of registration of the application for subsidizing confirms its acceptance by signing using the EDS. This notice becomes available in the Personal cabinet of a financial institution / financial agent in the subsidy information system in case of self-registration.

      27. In accordance with the Financing Plan, the working body generates payment orders for payment of subsidies in the subsidy information system, uploaded to the Treasury-Client information system, within two working days after submitting an application for subsidizing in accordance with paragraph 26 of these Rules.

      For applications for subsidizing in which the amount of subsidies exceeds the amount of budgetary funds provided for in the Financing Plan for the corresponding month, the payment of subsidies is carried out next month in the order of priority from the moment of filing the application for subsidizing.

      28. The accrual of funds for subsidizing interest rates on loan and leasing obligations begins from the day of conclusion of the agreement on restructuring / refinancing of obligations signed by the borrower and the financial institution. The payment of subsidy funds is carried out until the end of the term of the subsidy agreement, from the moment of its conclusion at the expense and within the limits of the funds provided for in the corresponding budget program. Moreover, the distribution of funds for subsidizing is carried out taking into account the previously concluded subsidy agreements.

      29. In the event that prior to the formation of payment orders by the working body, it is revealed that there is a discrepancy in the data in the registered application for subsidizing, the borrower has the right to withdraw the application for subsidizing, indicating the reason for the withdrawal.

      30. A financial institution / financial agent opens a special bank account for the transfer of the amounts of subsidies by the working body under the concluded subsidy agreements, and if this is not possible, opens a special account in a servicing bank.31. A financial institution / financial agent uses funds in a special bank account only to pay a subsidized part of the interest rate to a borrower under a loan agreement.

      32. Upon receipt of a non-subsidized part of the interest rate from the borrower, the financial institution deducts the subsidized part of the interest rate from the special bank account in accordance with the repayment schedule for the restructured / refinanced loan / leasing agreement.

      33. In the case of the due date of the restructured / refinanced loan / leasing agreement and the lack of funds in the special bank account of the financial institution to pay the subsidized part of the interest rate, the borrower pays the full interest rate at his own expense. The financial institution in the subsidy information system notifies the borrower at least 5 (five) working days before the due date of the need to pay the full interest rate at their own expense. The working body reimburses the subsidized part of the interest rate by crediting funds to a special bank account of a financial institution. In this case, the financial institution compensates the borrower for the previously paid, subsidized part of the interest rate by transferring the subsidized interest rate to the borrower's current account.

      34. The working body monthly forms a consolidated amount in the subsidy information system according to the concluded subsidy agreements and monthly transfers the subsidized part of the interest rate to the special bank account of the financial institution in advance in the month, preceding the month, in which the next payment of subsidies should be made.
35. The working body within 3 (three) working days from the date of receipt of the notification in the subsidy information system from a financial institution to amend the terms of the existing subsidy agreement:

      1) checks the compliance of the amended conditions of the subsidy agreement with the conditions established by these Rules;

      2) in case of compliance of the proposed amendments with the conditions of these Rules, takes and draws up a decision to amend the subsidy agreement and notifies the financial institution thereof.

      In the event of a change in the terms of restructured / refinanced loan and leasing agreements, the financial institution receives the borrower's consent to use the information constituting a secret protected by law contained in information systems.

      36. In the event of the formation of the balance of unused funds in a special account, their return is ensured:

      1) upon exclusion of the borrower from the program, by a financial institution within one month after the working body makes a decision;

      2) upon changing the terms of the current loan agreement, as well as early repayment of the principal debt by the financial institution within 5 (five) working days after the submission of quarterly reports;

      3) if the borrower does not fulfill its obligations to pay off the scheduled payment of the principal debt and / or interest for a period of more than 90 (ninety) consecutive calendar days within 10 (ten) working days from the date of receipt of information from the working body on termination of subsidizing the borrower.

      In this case, the refund of payments made in the current fiscal year is carried out by restoring the cash expenses of the working body by increasing the amount of unfulfilled obligations and reducing cash expenses according to the relevant codes of the budget classification of expenses. In case of refund of payments of past years, the amount of the refund is credited to the income of the corresponding budget from which the payments were made.

      37. Changes in the terms of restructured / refinanced loan and leasing agreements (interest rate, maturity date, deferral of payment of principal debt and / or interest) are possible no more than once a year. At that, in case of a change (extension) of the terms of the restructured / refinanced loan and leasing agreements, the terms of subsidizing are not extended, and capitalization of interest in the principal debt is not allowed.

      The financial institution / financial agent in the subsidy information system notifies the working body with the attached copy of the decision to change the terms of financing, an updated schedule for repayment of the principal debt, interest and the amount of subsidies.

      38. An additional agreement to the subsidy agreement with the updated schedule of subsidizing the borrower is based on the decision of the working body between the financial institution / financial agent and the working body, within 5 (five) working days from the date of receipt by the financial institution / financial agent of the notice of the working body on positive decision to amend the subsidy agreement.

      In this case, a change to the subsidy agreement is allowed provided that the corresponding loan agreement has been changed by the financial institution in agreement with the borrower (not unilaterally).

      39. In the event that a financial institution changes the terms of an existing restructured / refinanced loan / leasing agreement (interest rate, term for payment of interest, provision for deferral of payment of principal debt and / or interest), the financial institution sends a notice within 10 (ten) calendar days in the subsidy information system with a package of documents containing a copy of the decision made to change the terms of financing, an updated schedule for repayment of the principal debt and interest for their transfer to the working body.

      40. In case of non-compliance with the terms of these Rules and a negative decision made by the working body, the terms of the current restructured / refinanced loan / leasing agreement remain unchanged.

      In case of partial early repayment of the principal debt by the borrower under a restructured / refinanced loan agreement, the financial institution credits the subsidies calculated on the basis of the accrued interest.

      When making a positive decision, the working body within 10 (ten) working days makes the appropriate changes to the subsidy agreement without the participation of a financial agent, subject to the conditions of paragraph 35 of these Rules.

      41. In case if the financial institution plans to amend the terms of the current restructured / refinanced loan / creditor / leasing agreement (granting a deferral on payment of the entire amount of the principal debt or part thereof), it notifies the financial agent in writing about this within 5 (five) working days.

      Within 5 (five) working days from the date of receipt of the notification, the financial agent sends a letter to the financial institution about consent or disagreement to change the repayment schedule of the principal debt or part thereof.

      Based on a letter from a financial agent, the financial institution conducts one of the following activities:

      1) if the financial agent agrees to change the repayment schedule for the entire amount of the principal debt or part thereof, it sends a notification in the subsidy information system to the working body with a package of documents containing a copy of the decision made to change the financing conditions, an updated repayment schedule for the principal debt and a letter from the financial agent;

      2) in case of disagreement of the financial agent to change the repayment schedule of the principal debt or part thereof, it sends a notification in the subsidy information system to the working body with a package of documents regarding consideration of the possibility of further application of financial recovery measures to the borrower without the participation of funding means.

      42. If there is a letter of consent of the financial agent and compliance with the terms of these Rules, the working body within 10 (ten) working days makes the appropriate changes to the subsidy agreement of the financial agent in compliance with the terms of paragraph 34 of these Rules.

      If the financial agent does not agree, the working body within 15 (fifteen) working days terminates the subsidy agreement of the financial agent and concludes a subsidy agreement without the participation of the financial agent, subject to the conditions of paragraphs 10 and 34 of these Rules.

      43. The financial institution returns the funding means to the financial agent within 10 (ten) working days after signing the subsidy agreement.

      The balance of unused funds is returned by the financial agent in accordance with paragraph 36 of these Rules.

      44. The financial institution / financial agent, from the day when it became aware of the occurrence of an event that is the basis for the unilateral termination of the subsidy agreement by the working body, it is necessary to notify the working body of such an event in the subsidy information system within 5 (five) working days.

      The working body within 5 (five) working days from the date of receipt of the notification from the financial institution / financial agent takes and draws up a decision to terminate the subsidy agreement and notifies the financial institution / financial agent about it.

      The subsidy agreement is considered terminated from the day the financial institution / financial agent receives a notification of the relevant decision of the working body.

      45. The refusal to provide subsidies to the borrower is made on the grounds provided for by subparagraphs 1) and 2) of paragraph 2 of Article 19-1 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On public services”.

  Appendix
to the Rules for subsidizing interest rate on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex
Form

Application for subsidizing

"____" __________20__

      Hereby, financial institution / financial agent ________________________ in the framework of the budget program _______________________________________

      _______________________________________________________________________
asks the Department of agriculture of __________________________ region (cities of republican significance, the capital) in accordance with the subsidy agreement dated __________ 20___ №_____ to transfer funds from the republican budget to the account of the financial institute/financial agent
№_____________ in the amount of ___________________ tenge for __________ period.

      Signed and sent by the applicant at 00:00 "__" __________ 20__:

      Data from EDS

      Date and time of signing by EDS

      Application acceptance notice:

      Accepted by the department at 00:00 "__" ______ 20__:

      Data from EDS

      Date and time of signing by EDS

  Appendix 2
to the order of the Minister of agriculture of the Republic of Kazakhstan dated May 5, 2016 № 205

List of invalid orders of the
Minister of Agriculture of the Republic of Kazakhstan

      1. The order of the Minister of Agriculture of the Republic of Kazakhstan dated April 9, 2015 No. 9-1 / 320 “On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex” (registered in the Register of state registration of regulatory legal acts No. 10763, published on May 8, 2015 in the legal information system "Adilet").

      2. The order of the Minister of Agriculture of the Republic of Kazakhstan dated August 24, 2015 No. 9-1 / 760 “On amendments and additions to the order of the Minister of Agriculture of the Republic of Kazakhstan dated April 9, 2015 No. 9-1 / 320 “On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex” (registered in the Register of state registration of regulatory legal acts No. 12301, published on November 24, 2015 in the legal information system "Adilet").

      3. The order of the Minister of Agriculture of the Republic of Kazakhstan dated December 18, 2015 No. 9-1 / 1099 "On amendments to the order of the Minister of Agriculture of the Republic of Kazakhstan dated April 9, 2015 No. 9-1 / 320 "On approval of the Rules for subsidizing interest rates on loan and leasing obligations as part of the direction for financial recovery of entities of agro-industrial complex” (registered in the Register of state registration of regulatory legal acts No. 12451, published on December 22, 2015 in the legal information system "Adilet").