Article 105. Direct targeted sale of the Law on State Property - Excluded by the Law of the Republic of Kazakhstan dated June 24, 2025 No. 196-VIII SAM
1. The objects transferred in accordance with Article 106 of this Law for property lease (lease) or trust management with the right of subsequent purchase, respectively, to the tenant (lessee) or trustee, as well as objects determined by the decision of the Government of the Republic of Kazakhstan to be transferred to a strategic investor, are subject to direct targeted sale.
The sale of a privatisation object to tenants (tenants) and trust managers is allowed only if they properly fulfill the relevant contract.
2. The terms of sale of the privatisation object are determined by agreement of the parties, unless they were provided for by a property lease (lease) agreement or a transfer to trust management agreement.
3. Excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication).
4. According to the decision of the Government of the Republic of Kazakhstan, direct targeted sale of state property is carried out to a strategic investor – a Kazakhstani or foreign legal entity (their associations) that meets the following criteria:
having experience in the field related to the activities of the object of privatization being sold;
acquisition of a large block of shares (stakes in the authorized capital) to participate in the management of the privatisation facility, as well as in its development through technology transfer, including obtaining undisclosed information (production secrets (know-how) and attracting highly qualified specialists.
A direct targeted sale is carried out upon the establishment and appropriate acceptance of obligations by a strategic investor for:
1) the volume, types and timing of investments in the object of privatization;
2) ensuring a certain level of production volume, range of products or services provided;
3) carrying out environmental protection measures;
4) maintaining the activity profile;
5) to preserve or create new jobs;
6) providing at least two thirds of the full-time staff with employees who are citizens of the Republic of Kazakhstan;
7) maintaining the existing order and conditions for the use of industrial and social infrastructure facilities;
8) repayment of accounts payable in due time;
9) repayment of wage arrears;
10) restriction on transactions (resale, pledge, transfer to management, etc.) and (or) prohibition of certain actions in relation to the object of privatization for a certain period of time.
The decision of the Government of the Republic of Kazakhstan on direct targeted sale includes the name of the facility and the strategic investor, as well as the requirements for the strategic investor to accept obligations from the list of obligations specified in this paragraph, and the deadlines for fulfilling obligations.
The Law of the Republic of Kazakhstan dated March 1, 2011 No. 413-IV.
This Law defines the legal regime of state property, the legal basis for the management of State property, including property assigned to State-owned legal entities, and state-owned shares and stakes in the authorized capital of legal entities, the legal grounds for the acquisition and termination of rights to state property, and is aimed at ensuring the effective exercise by the State of the rights of the owner and holder of other rights. on state property.
President
Republic of Kazakhstan
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