Amendments to the law "On the National Welfare Fund"

Amendments to the law

449

09 December 2015


The changes were made and the Programme of privatization of "Samruk-Kazyna" JSC 

In most of the changes have affected the implementation of the Comprehensive Plan of privatization and withdrawal of the Fund's assets in a competitive environment.

The Law of the Republic of Kazakhstan dated February 1, 2012 "On National Welfare Fund" (Bulletin of the Parliament of the Republic of Kazakhstan, 2012, № 4, p. 29, 2014, № 4-5, art. 24, number 12, Art. 82, Law of the Republic of Kazakhstan dated October 27, 2015 "On amendments and additions to some legislative acts of the Republic of Kazakhstan in connection with the entry into the World Trade Organization," published in newspapers "Egemen Kazakhstan" and "Kazakhstanskaya Pravda" October 29, 2015 r .; Law of the Republic of Kazakhstan dated November 16, 2015 "On amendments and additions to some legislative acts of Kazakhstan on the issues of charity," published in newspapers "Egemen Kazakhstan" and "Kazakhstanskaya Pravda" November 18, 2015):

1) Article 24:
the first paragraph of paragraph 2 shall read as follows:
"2. The charter companies, all voting shares of which belong to the Fund's ownership and (or) fiduciary matters within the exclusive competence of the general meeting of shareholders in accordance with the Law of the Republic of Kazakhstan "On Joint Stock Companies", can be attributed to the competence of the board of directors of such company except for the issues: ";
the first paragraph of paragraph 3 shall read as follows:
"3. The charter companies, all voting shares of which belong to the Fund's ownership and (or) fiduciary matters within the exclusive competence of the Board of Directors in accordance with the Law of the Republic of Kazakhstan "On Joint Stock Companies", can be attributed to the competence of the executive body of the said company, except for the issues: ";
2) Chapter 4 to add Article 24-1 as follows:
"Article 24-1. Transfer to the competitive environment of the Fund and organizations, more than fifty percent of voting shares (share of participation) which directly or indirectly owned by the Fund's ownership.

1. The order of transfer to the competitive environment of the Fund and organizations, more than fifty percent of voting shares (share of participation) which directly or indirectly owned by the Fund on the right of property is determined by the Board of Directors of the Fund.

2. The list of assets of legal entities referred to in paragraph 1 of this Article that are recommended for transfer to the competitive environment, determined by the Government of the Republic of Kazakhstan.

3. The transfer of assets is carried out in a competitive environment:
1) with the help of independent consultants assets with socio-economic importance, possession and (or) use, and (or) disposing of which will affect the national security of the Republic of Kazakhstan. A method of disposing of such assets is determined by the Board of Directors of the Fund on the basis of proposals from independent consultants in compliance with the legislation of the Republic of Kazakhstan;
2) for other assets of the auction process.

4. The Auction will be held:
- The first time - by increasing prices;
- The second and third time - by lowering the price.
At the second auction sale of an asset is carried at auction using the method of lowering the price with the establishment of the minimum price in the amount of fifty percent of the initial price of the asset sold.
On the third auction sale of an asset is carried at auction using the method of lowering the price without establishing a minimum price.
Each subsequent bids are made on time and twenty working days.

5. At the auction starting price of an asset is sold the initial selling price of the asset sold.

6. The initial price of the asset sold is established by the seller in accordance with the laws of the Republic of Kazakhstan on state property.
The initial price of the asset can be sold below book value of the asset sold.

7. The implementation of the method of auction assets by legal entities as provided in paragraph 1 of this Article is carried out on its website the register of state property.

8. Implementation of the asset entities provided for in paragraph 1 of this Article may be at a price below the book value of the asset sold.

9. Unrealized assets on results of three trades are subject to liquidation or reorganization in accordance with the legislation of the Republic of Kazakhstan.

10. Procedure for the direct sale of the assets of targeted entities, provided for in paragraph 1 of this Article shall be determined by the Board of Directors of the Fund.

Section 2. This Act shall come into force on 1 January 2016, with the exception of the second paragraph of paragraph 1), item 5) and 10) Clause 4, Article 1 of this Act, which entered into force as of January 2, 2016.