On approval of the standard form of the agreement on the provision of a guarantee of equity participation in housing construction in the framework of renovation
Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated March 26, 2026 No. 128. Registered with the Ministry of Justice of the Republic of Kazakhstan on March 30, 2026 No. 38231
In accordance with subparagraph 3-1) of Article 5 of the Law of the Republic of Kazakhstan "On Equity participation in housing Construction", I ORDER:
1. To approve the attached standard form of an agreement on the provision of a guarantee of equity participation in housing construction as part of renovation.
2. The Committee on Construction and Housing and Communal Services of the Ministry of Industry and Construction of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:
1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting of this order on the Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan after its official publication.
3. Control over the execution of this order is entrusted to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.
4. This order shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Minister of Industry and Construction of the Republic of Kazakhstan
E. Nagaspayev
Appendix to the Decree of the Minister of Industry and Construction of the Republic of Kazakhstan dated March 26, 2026 No. 128
A standard form of an agreement on the provision of a guarantee of equity participation in housing construction as part of renovation
city _________
"___" ________ 20__ year
A single housing construction operator (hereinafter referred to as – A single operator), on whose behalf it acts __________________________, acting on the basis of ___________, on the one hand, ________________, hereinafter referred to as the "Developer", on whose behalf it acts___________________, acting on the basis of ____________, from the second the parties, ________________________, hereinafter referred to as the "Authorized Company", on whose behalf it acts_______________________, acting on the basis of __________, on the third hand, the owners of the real estate included in the renovation project, hereinafter referred to as "Real Estate Owners" or "Renovation Co-investors":
1) citizen(s) of the Republic of Kazakhstan ____________________( Full name), individual identification number: _______________, ID card no. ___________ issued "_____" ____________ 20____ year by the Ministry ____________________ Republic of Kazakhstan, registered(-a) at the address: ____________, phone number: ______________, e-mail: _________________ / name of the legal entity faces ____________, business identification number: _________________ registered at: _________________, Phone number: _____________________________, e-mail: _________________________________, who owns the property: _______________ ( apartment or other real estate object) with a cadastral number _________________, located at: _________________________________, the basis of the ownership right:________________________ from "_____" ___________ _____ year no. "___" / citizen(s) of the Republic of Kazakhstan _____________________(FULL name), individual identification number: _________________, identification card № ________________________ issued "____" ______________ 20 ____ year by the Ministry _________________ Of the Republic of Kazakhstan, registered at: ______________________________, Phone number: ___________________, e-mail: _______________, acting on the basis of a power of attorney "____" ____________ 20___ year on behalf of the owner of the property: ______________________________ ( apartment or other real estate object) with cadastral number ___________, located at: _____________________________________, the basis of the ownership right: ____________________________ from "____" ______________ 20___ year No. "___" citizen(s) of the Republic of Kazakhstan ________________________, individual identification number: ______________________, ID card № _______________ issued "___" __________ 20___ year by the Ministry _____________ Of the Republic of Kazakhstan, registered at: __________________, phone number: ________________, e-mail: ____________________________, hereinafter collectively referred to as the "Parties" and separately as the "Party", in accordance with the requirements of the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction" (hereinafter referred to as the Law), as well as taking into account the Renovation Agreement under the guarantee from "__" __________ ___ of the year (hereinafter referred to as the Renovation Agreement), we have concluded this Agreement on the provision of a guarantee of equity participation in housing construction within the framework of renovation (hereinafter referred to as the Agreement) on the following.
Chapter 1. Subject of the agreement
1. The single operator undertakes to ensure the organization of the completion of the construction of an apartment building upon the occurrence of a guarantee event, as well as the transfer of a share in an apartment building from an Authorized Company to equity holders within the framework of renovation under equity agreements in housing construction within the framework of renovation (hereinafter referred to as the Guarantee).
2. The object of the Agreement is the obligations of the Authorized Company and the Developer for the construction of an apartment building for the project planned for development. "___________________" ( the name of the construction project is indicated) (further – Project) corresponding to the detailed planning project, including the construction of engineering networks, including external ones, systems and equipment, landscaping and landscaping within the territories allocated for the construction of an apartment building, its commissioning, in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities, no later than _________________.
3. The project should be implemented at the renovation facility. – "____________", determined by the resolution of the Akimat of the city __________ №__ from "___" ___________ 20___ of the year (hereinafter referred to as the Renovation Object), and meet the following characteristics:
1) the area of the land plot on which the Project will be built _____________________ not less than _____________;
2) building area _______________;
3) indicative cost of the Project ___________;
4) indicative number of floors ______________
5) Comfort class ____________;
6) indicative total area _________________;
7) indicative volume of the building __________________;
8) indicative living area _________________;
9) indicative area of non-residential premises __________________;
10) indicative parking area ____________________;
11) indicative area of the balcony, loggia _____________________;
12) indicative number of apartments __________________________;
one-room apartments – ________, with a total area of __ to __ sq.m.;
two-room apartment – ___________, with a total area of __ to __ sq.m.;
three-room apartments – ____________, with a total area of __ to __ sq.m.;
four-room apartments - ____________, with a total area of __ to __ sq.m.;
13) indicative number of rooms, rooms _________________;
14) the foundation - _________________;
15) walls - __________________________________;
16) roof - ________________________:
17) the facade - _______________________________________;
18) type of heating - ______________________________________;
4. In order to implement the renovation mechanism for dilapidated and dilapidated housing, an electronic Renovation Agreement is concluded between a Single Operator, an Authorized Company and the Developer, which defines the procedure and conditions for the implementation of the Project under the Guarantee.
5. The Authorized Company, within 3 months from the date of signing the Renovation Agreement, ensures that an electronic Agreement is signed between the Authorized Company, all Property Owners of the Renovation Facility and the Developer as part of the renovation project.
6. The Authorized Company, within 3 months from the date of signing the Renovation Agreement under the guarantee, ensures that the Authorized Company, all Real Estate Owners of the Renovation Facility and the Developer sign an electronic Agreement on the provision of a guarantee of equity participation in housing construction under renovation, which is subsequently joined by a Single Operator by signing an Agreement on joining the Agreement on the Provision of Equity participation in housing construction within the framework of renovation in accordance with the form set out in the annex to this Agreement, subject to compliance with all the requirements of this Agreement.
7. Prior to the Single Operator joining this Agreement, the Authorized Company shall pledge funds to the Single Operator in an amount equivalent to the cost of the dwelling to which the owners of the renovation facility and (or) real estate included in the renovation facility will be relocated, but not less than thirty percent of the declared project cost.
8. Prior to the Single Operator joining this Agreement, the Authorized Company shall pledge shares/shares of participation in the authorized capital of the Authorized Company to the Single Operator by signing a pledge agreement, as well as conclude a trust management agreement for shares/shares of participation in the authorized capital of the Authorized Company.
9. Real estate owners pledge to a Single Operator the following real estate objects located in the renovation facility by signing a pledge agreement with their further registration:
9.1. citizen(s) of the Republic of Kazakhstan ___________________ ( Full name), individual identification number: _______________, / name of the legal entity ______________, Business identification number: ______, the owner of the property: _________________ ( apartment or other real estate object) with cadastral number ____________________, located at: ____________________ ;
9.2. …
9.3. …
10. After registration of collateral for real estate objects, Real estate Owners, with the consent of a Single Operator, without removing the encumbrance, transfer the property listed in paragraph 9 to the Authorized Company.
11. The real estate objects listed in paragraph 9 of the Agreement are exhaustive, there are no other owners of the Renovation Object, and they are pledged to a Single Operator in order to ensure the fulfillment of obligations by an Authorized Company to a Single Operator under the Agreement after the state registration of the Authorized Company's ownership rights to these real estate objects and the conclusion of an additional agreement to the pledge agreement in connection with the change persons in the obligation.
12. The authorized company is obliged to provide temporary housing to the owners of the renovation facility and (or) immovable property included in the renovation facility in the amount determined by the procedure for providing temporary housing by the authorized company and (or) make compensation payments to the owners of the renovation facility and (or) immovable property included in the renovation facility for the entire period of construction and Project implementation, taking into account the extension of the term construction.
13. After the Single Operator joins this Agreement and its entry into force, the Authorized Company, no later than ______ months, takes measures to terminate the condominium in the Renovation Facility (if any), obtain all necessary permits for the demolition of a dilapidated/dilapidated residential building, conduct survey work, and arrange a land plot for a dilapidated/dilapidated house., changing its identification characteristics and purpose, and combining land plots.
After the completion of these measures, but no later than ______ months from the date of entry into force of this Agreement, the Authorized Company and the Developer are required to begin construction of an apartment building in accordance with the design and estimate documentation within the standard construction time.
14. The authorized company undertakes to pledge to a Single Operator a land plot intended for the construction of a Renovation Facility.
15. Authorized company within the period up to ___________ 20____ provides for the construction of an apartment building according to the Project and, if there is a registered acceptance certificate, transfers the following shares to the Owners of the property within 60 calendar days under an Agreement on the transfer of a share in an apartment building to the owners of the property : residential premises in accordance with the agreement on shared participation in housing construction as part of renovation:
1) _______________________ ( Full name), individual identification number: __________________, his share is the living space, the living area which is at least _____ square meters;
2) ….
16. This agreement becomes invalid if one of the Property Owners refuses to transfer the apartment or non-residential premises in the Renovation Facility in favor of an Authorized Company. In this case, real estate objects for which the state registration of rights has already been carried out in favor of an Authorized Company from other Real Estate Owners, such registration is subject to cancellation and apartments or non-residential premises in the Renovation Facility must be returned by the Authorized Company to such Real Estate Owners.
Chapter 2. Warranty Conditions
17. The developer and the Authorized Company comply with the requirements set out in Article 8-1 of the Law.
18. Decisions and agreements, the conclusion of which precedes the conclusion of this Agreement:
1) The positive decision of the Single Operator on the conclusion of a renovation agreement (Protocol no. ___ of "___" ______ 20__ year);
2) The renovation agreement under the guarantee;
3) Agreement on the implementation of the renovation project;
4) The conclusion of an Agreement of accession to the Agreement on the provision of a guarantee of equity participation in housing construction in the framework of renovation:
5) A pledge agreement for shares/shares in the authorized capital concluded between the Developer and a Single Operator;
6) A trust management agreement for shares/shares in the authorized capital concluded between a Single Operator and a Developer;
7) A bank deposit pledge agreement concluded between a Single Operator, an Authorized Company and a second-tier bank.
Chapter 3. Guarantee fee
19. The authorized company undertakes to pay a guarantee fee to the Single Operator in the amount of __________________________ ( amount in figures and in words) tenge within 3 (three) banking days from the date of conclusion of this Agreement.
20. The guarantee fee paid by an Authorized Company is non-refundable.
21. In the event of an increase in the project cost based on the results of the examination of the Project's design and estimate documentation, as well as due to an increase in the cost of construction and installation work based on the results of the examination of the Project's design and estimate documentation by ten percent or more during the validity of this Agreement, the amount of the guarantee fee is subject to upward revision by the amount determined according to the Methodology for Determining the amount of the guarantee a contribution approved in accordance with subparagraph 8) of Article 5 of the Law.
Chapter 4. Warranty case and Warranty Liability
22. The decision of the Unified Operator on the possible occurrence of a warranty event is made based on the results:
1) monitoring the execution of the Contract and the construction of the Renovation Facility;
2) monthly and other reports of the engineering company;
3) information received from an Authorized company, an authorized body in the field of architectural, urban planning and construction activities;
4) a written request from the shareholder (shareholders) and (or) the shareholder (shareholders) as part of the renovation.
23. When information is received about a possible occurrence of a Single Operator's warranty event.:
1) verifies information on non-fulfillment or improper fulfillment of obligations by an authorized company provided for in the Contract, as well as on the construction of a Renovation Facility, no later than ten working days from the date of receipt of the information;
2) sends a request to the Developer or an Authorized Company for clarification of the specified information within three working days from the date of receipt of the information.
The developer and the Authorized Company provide clarifications and objections (if any) with supporting documents attached no later than three working days from the date of receipt of the relevant request from the Unified Operator.
24. If a warranty event is established, the Single Operator, within three working days, decides to recognize one or more of the following cases as a warranty event::
1) violation of the deadline for the commissioning of an apartment building. It is allowed to postpone the commissioning of an apartment building for no more than 5 months from the period specified in the design and estimate documentation of the construction site.;
2) the use of money in violation of the requirements of Article 20 of the Law, which has not been reimbursed by the Developer and (or) an Authorized Company, contractor (general contractor) to the bank account of the Authorized Company within fifteen working days from the date the engineering company established the specified fact;
3) the Developer's insolvency is the inability of the developer, established by a court decision that has entered into force, to fully satisfy creditors' claims defined in Article 5 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy" for activities not related to the construction of an apartment building.
25. The responsibility of the Single Operator under the Contract begins from the moment of occurrence of the warranty event.
Chapter 5. Fulfillment of obligations by a Single operator
26. Upon occurrence of a warranty event, the Single Operator carries out the measures provided for in paragraph 1 of Article 38 of the Law.
27. To complete the construction of the Renovation Facility, a Single Operator, in accordance with the Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated December 25, 2025 No. 551 "On Approval of the Rules for the Selection of a Contractor (General Contractor) by a Single Housing Construction Operator" (registered in the Register of State Registration of Regulatory Legal Acts No. 37716), selects a contractor (general contractor) or engages a third party (investor) by concluding a joint venture agreement, the contribution of which is the investor's funds or other resources.
28. In case of full reimbursement of the costs of the Single Operator from the funds of the Authorized Company, the validity of the trust management agreement for voting shares (participation shares in the authorized capital) The authorized company is terminated in accordance with the requirements of the Law.
29. In case of insufficient funds of the Authorized Company for reimbursement of funds (expenses) A single operator for the implementation of the construction and completion of the Renovation Facility, the obligation to reimburse them is borne by the Developer on subsidiary responsibility by concluding an agreement on the procedure for repayment of debts to the Single Operator after confirming their validity by the conclusion of an independent audit company.
30. In case of insufficient funds of the Developer for reimbursement of funds (costs) Upon completion of the construction of the Renovation Facility under the agreement on the procedure for debt repayment, after performing the actions provided for in paragraphs 26, 28 and 29 of this Agreement, the Single Operator initiates bankruptcy proceedings for the Developer in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.
31. The limitation period does not apply to the claims of a Single Operator for improper performance of a guarantee agreement.
Chapter 6. Ensuring the fulfillment of obligations
32. Based on the requirements of the Law, a Single Operator concludes:
with an Authorized company:
- a pledge agreement for a land plot intended for the construction of a renovation facility in accordance with civil law;
- a cash pledge agreement in the amount equivalent to the cost of the dwelling to which the owners of the renovation facility and (or) the immovable property included in the renovation facility will be relocated, but not less than thirty percent of the declared project cost;
- a pledge agreement for apartments or non-residential premises transferred from the Owners of real estate in the Renovation Facility, which is terminated after the transfer of the land plot as collateral;
with the Developer:
- a pledge agreement for voting shares (shares of participation in the authorized capital) An authorized company in accordance with civil law;
- agreement on the trust management of voting shares (shares of participation in the authorized capital) An authorized company with a suspensive condition. Such a trust management agreement comes into force in the event of a guarantee event.
33. The collateral requirements of the Single Operator are valid until the Renovation Facility is put into operation in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities.
34. The agreement on equity participation in housing construction as part of the renovation, the Agreement on joining the Agreement on the provision of a guarantee of equity participation in housing construction as part of the renovation in accordance with the annex to this Agreement, the design and estimate documentation of the multi-apartment building construction project, as well as the contract are integral parts of this agreement.
Chapter 7. Rights and obligations of a Single Operator
35. A single operator has the right to:
1) have unhindered access to the territory of the construction site with prior notification to the Authorized Company no later than one business day before the expected date of the visit to the facility in compliance with the requirements of the legislation of the Republic of Kazakhstan on labor protection and safety;
2) request from the Developer or an Authorized Company any information on the construction of the Renovation Facility, including on the progress of construction, concluded agreements on equity participation in housing construction within the framework of renovation, and other information necessary for the performance of functions defined by Law.;
3) to coordinate changes in the design and estimate documentation;
4) perform the functions of an administrator – a temporary manager, a temporary administrator (through a representative) in accordance with the legislation on rehabilitation and bankruptcy of the Republic of Kazakhstan in relation to the debtor developer;
5) organize the sale of unrealized shares in the Renovation Facility, as well as voting shares (shares in the authorized capital) Authorized company to reimburse its expenses upon completion of construction;
6) to make demands to the Developer, an Authorized Company for reimbursement of the expenses of a Single Operator spent on the completion of the Renovation Facility, upon the occurrence of a warranty event, after acceptance of the Renovation Facility;
7) not to extend the construction period in case of non-compliance by the Authorized Company with the action plan for eliminating the backlog of construction and installation works (hereinafter referred to as the CMP);
8) exercise other powers that do not contradict the goals and objectives defined by Law.
9) request the financial statements of the Developer and the Authorized Company for the last reporting period (quarter, half-year, year), with a transcript of the articles of the financial statements of the Developer and the Authorized Company, signed by the head /chief accountant of the Developer and the Authorized Company and stamped (if any) with the attachment of existing loan / financial assistance agreements of the Authorized Company and the Developer with repayment schedules and indication of the intended purpose, consolidated financial statements of the legal entity, a shareholder /participant of the Developer or financial statements of affiliated companies of the Developer, and (or) an Authorized Company, and (or) the general contractor, statements from the bank account of the Developer and the Authorized Company for the period from the beginning of construction (if changes are made to the design part of the construction or the conditions for providing a Single Operator's guarantee, as well as deterioration of the financial condition of the Developer and (or) Authorized);
10) request contracts for the provision of technical and financial audit services with independent organizations;
11) request data on affiliated companies of the Developer and an Authorized Company.
12) within the framework of this Agreement, make changes and additions by concluding an additional agreement with the Developer and an Authorized Company without the participation of the Shareholder in the renovation on the grounds provided for in Chapter 9 of this Agreement.
36. The single operator undertakes to:
1) organize measures for the implementation of the construction and completion of the Renovation Facility upon the occurrence of a warranty event;
2) in accordance with the civil legislation of the Republic of Kazakhstan, conclude an agreement with an engineering company that meets the requirements set out in paragraph 7 of Article 21 of the Law to provide engineering services in the field of equity participation in housing construction to ensure control over the progress of construction, compliance with state standards in the field of architecture, urban planning and construction, as well as the targeted use of money in in accordance with the design and estimate documentation;
3) notify the local executive body of violations by the developer, an authorized company and an engineering company of the requirements of the legislation of the Republic of Kazakhstan on equity participation in housing construction within the framework of renovation no later than one business day from the moment the violation is detected;
4) post information about the progress of the Renovation Project, including reports from the engineering company, on its own Internet resource;
5) publish monthly the register of guarantee agreements on its own Internet resource in Kazakh and Russian languages in accordance with the procedure established by the internal documents of the Single Operator.;
6) to prevent the commission of corruption offenses for the performance of their functions in the form of accepting any remuneration, money, securities, other property, the right to property, benefits of a proprietary and non-proprietary nature for themselves or others;
7) post on its Internet resource documents defining the process of issuing a guarantee;
8) to evaluate the estimated documentation at the stage of verification of documents for the construction project of an apartment building or a complex of individual residential buildings.
Chapter 8. Rights and obligations of the Developer, Authorized company
37. The developer and the Authorized Company have the right to:
1) receive timely information on the progress of fulfilling the obligations of the Single Operator under this Agreement;
2) if it is necessary to repay the debt of an Authorized Company – to reimburse the invested funds to a Single Operator – to obtain confirmation from an independent audit organization.;
3) The authorized company has the right to conclude transactions and assume other obligations related only to the implementation of the Project.
4) within the framework of this agreement, make changes and additions by concluding an additional agreement with a Single Operator and Developer to this agreement without the participation of an Equity Holder in the framework of renovation on the grounds provided for in Chapter 9 of this Agreement.
38. The authorized company has the right to repay part of the principal debt on a bank loan by transferring an amount not exceeding the total amount of construction and installation work paid for the construction of the Renovation Facility and the actual remaining money in the authorized company's bank account, minus the project cost.
39. The developer and the Authorized Company are required to provide financial statements to a Single Operator, in accordance with the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting: the Developer – annually with an audit report, the Authorized Company – quarterly, during the validity of this Agreement.
40. The developer and the Authorized Company are obliged to prevent the commission of corruption offenses in the form of providing any remuneration, money, securities, other property, property rights, benefits of a proprietary and non-proprietary nature to a person authorized to perform certain functions and duties under this Agreement.
41. The authorized company is obliged to:
1) be serviced in the same bank with the Developer and the contractor (general contractor);
2) provide information at the request of the Unified Operator for the construction of the Project, including on the progress of construction, concluded equity agreements in housing construction and other information necessary for the performance of functions defined by this Agreement and the Law;
3) in case of a change in the legal address and (or) location address, name and (or) executive body, notify the Unified Operator in writing about the new information within three working days with the provision of supporting documents;
4) coordinate in writing the planned changes and additions to the design and estimate documentation with a Single operator;
5) inform the Single Operator about the changes and additions made to the project within five working days from the date of receipt of the positive conclusion of the comprehensive non-departmental expertise on the amended design and estimate documentation.;
6) immediately inform the Single Operator of any circumstances leading to (or likely to lead to) the termination of the warranty;
7) inform shareholders in writing about the responsibility for the fulfillment of obligations by a Single operator, with the consent of the shareholder for a guarantee from a Single operator.;
8) conclude equity participation agreements in housing construction in accordance with the standard form approved by the authorized body in the field of equity participation in housing construction in accordance with subparagraph 2) of Article 5 of the Law;
9) in case of a Project backlog of 30 (thirty) calendar days from the approved schedule of work, develop and coordinate with the Unified Operator an action plan to eliminate the backlog within 5 (five) calendar days.;
10) eliminate the backlog of the CMP on the Project in strict accordance with the action plan for eliminating the backlog of the CMP, developed and agreed upon in accordance with the requirements of subparagraph 9) of this paragraph.
11) ensure that the money in the bank account is accounted for in terms of its own money deposited in accordance with the requirements of the Law, money received to pay for shares in the Renovation Facility, including in terms of income from each shareholder, as well as borrowed funds (if any) provided to finance the construction of the Renovation Facility, and comply with the target spending money in accordance with the requirements of paragraph 8 of Article 20 of the Law;
12) open no more than one current account in the national currency in only one second-tier bank;
13) open a current account in foreign currency in a second-tier bank with a credit rating of at least "B+" assigned by one of the rating agencies. If there are ratings from several rating agencies, the lowest is applied.
14) provide the engineering company with additional authorization (approval) of all payment documents from the Authorized Company's bank account no later than 10 (ten) business days after signing this Agreement in order to properly monitor the intended use of money in accordance with the requirements of the Law.;
15) within 10 (ten) business days after signing this Agreement, provide written consent to the bank to provide the Unified Operator with statements on the movement of money in the bank account of an Authorized Company.;
16) carry out the sale of shares in the Renovation Object, subject to the availability of design estimates for the construction of engineering networks, including external ones, systems and equipment, landscaping and landscaping within the territories allocated for the construction of an apartment building or a complex of individual residential buildings;
17) when selling a share in a Renovation Project to contractors of the developer and (or) an authorized company in order to fulfill obligations, in accordance with paragraph 3 of Article 3 of the Law, ensure that information about such transactions is reflected in the Unified Information System of Equity Participation in Housing Construction.;
18) notify the Single Operator of the conclusion of a financial assistance/loan agreement (including a bank loan), financial leasing/provision of guarantees, guarantees/of their property as collateral with a third party(s);
19) when changing the conditions for granting guarantees for the completion of construction, sign the relevant additional agreements to equity participation agreements and enter the relevant data into the unified information system of equity participation in housing construction;
20) provide quarterly data on affiliated persons (related parties);
21) to sell a unit area of a share in the Renovation Facility at least at a cost determined by the ratio of the design cost to the total area of the Renovation Facility;
22) when selling a unit area of a share in a Renovation Facility below the price indicated in the declared sales plan, as well as when selling a share in a Renovation Facility, in accordance with paragraph 3 of Article 3 of the Law, notify the Single Operator no later than 3 (three) business days.;
23) to monitor the construction, ensure the connection of electricity and the Internet, to install video surveillance cameras of a Single operator on the Project;
24) apply to a Single Operator with a question about extending the construction period with a full package of documents in at least 15 (fifteen) working days.;
25) provide a Single Operator with access to 1C Accounting when dealing with the issue of extending the construction period.
26) notify the Property Owners about joining the Single Operator Agreement;
27) ensure that real estate objects are pledged to a Single Operator in accordance with clause 10 of the Agreement;
28) ensure that the Owner of the property concludes a contract for the transfer of real estate in accordance with paragraph 9 of the Contract;
29) conclude an equity participation agreement with the owner of the property as part of the renovation;
30) provide the Unified Operator with title identification documents confirming the right of private ownership or the right of temporary (paid) land use by an Authorized Company to a land plot, a certificate of registered rights (encumbrances) to immovable property and its technical characteristics (from the electronic government portal) by - ;
31) provide the Unified Operator with an act of demolition of buildings and structures that have been registered and registered with the local executive body responsible for architectural, urban planning and construction activities at the location of the real estate object, which has passed the state registration of termination of the right in connection with the demolition of immovable property, by - ;
32) provide the Single Operator with the report of an independent appraisal company on the assessment of movable and immovable property, the decision of the authorized body of the authorized company on the transfer to the Single Operator as collateral of a land plot and/or land use rights with unfinished construction (if any) with its detailed description (stamped by the authorized company (if any) within the period up to - ;
33) conclude a land plot pledge agreement with a Single Operator within the period up to - _____________________________;
34) provide the Unified Operator with electronic copies of the architectural and planning design assignment, copying from the draft of the detailed layout, technical specifications, and diagrams of the routes of external engineering networks in time to - ________________________________;
35) provide the Unified Operator with a letter of approval from the local executive body of the sketch (draft design) by - ______________ ;
36) provide a Single Operator with design estimates for the construction of an apartment building, including the construction of engineering networks, including outdoor systems and equipment, landscaping and landscaping within the territories allocated for the construction of an apartment building (in electronic form in PDF format (Portable Document Format), as well as cost estimates in a universal format for presenting the initial data and the results of calculating local resource estimates (KENML) with a positive conclusion of a comprehensive non-departmental examination, or a letter of permission from the copyright holder and the author of the project to receive design estimates for the declared project (upon passing the draft state comprehensive non-departmental expertise) in the period up to - ;
37) provide the Single Operator with the contract concluded between the authorized company and the contractor (general contractor) with the approved plan for construction and installation works within the period up to - __________________ ;
38) conclude an engineering services agreement with a Single Operator and an engineering company within the period up to - _________________________.
39) provide the Single Operator with the documents on the start of construction and installation works (notification and coupon on receipt of the notification on the start of construction and installation works, the contract of author supervision) in time to - ___________ ;
Chapter 9. Special conditions
42. A single Operator, an Authorized Company and the Developer have the right to amend this Agreement without the participation of the Shareholder as part of the renovation in the following exceptional cases:
1) Changing the project name;
2) Change in project cost;
3) Change in the amount of the guarantee fee paid by the Authorized Company;
4) Modification of the construction period and other terms stipulated by the Contract;
5) Changing the details of the parties;
43. By signing this Agreement, the Shareholder expresses his unconditional consent and does not object to the introduction of amendments to this Agreement by a Single Operator, an Authorized Company and the Developer without the participation of the Shareholder in the renovation on the grounds provided for in paragraph 42 of this Agreement.
Chapter 10. Responsibility of the Parties
44. The Parties are responsible for non-fulfillment or improper fulfillment of obligations assumed under the Agreement in accordance with the procedure established by this Agreement and the legislation of the Republic of Kazakhstan. In case of violation of the terms of this Agreement, the Parties are responsible in accordance with the current legislation of the Republic of Kazakhstan and the terms of this Agreement.
45. Losses caused by one of the Parties by non-fulfillment or improper fulfillment of its obligations under this Agreement shall be recovered in full.
46. In case of late signing of an agreement on the procedure for repayment of debts to a Single operator and (or) late payment, the Developer or the Authorized Company shall pay a penalty for the amount of payments in the amount of the base rate of the National Bank of the Republic of Kazakhstan, out of the amount to be reimbursed, for each day of delay, including the day of payment.
47. The funds of the Single Operator invested in the completion of the Renovation Facility upon the occurrence of a warranty event are subject to reimbursement (refund) by the Authorized Company, after completion of the Renovation Facility, from the proceeds from the sale of residential or non–residential premises, as well as from the money after the sale of the Developer's pledge - a share in the authorized capital of the Authorized Company.
48. In case of insufficient funds of the Authorized Company for reimbursement of funds (expenses) Upon completion of the Renovation Project, the obligation to reimburse them is borne by the Developer under subsidiary liability by concluding an agreement on the procedure for paying off debts to the Single Operator after confirming their validity with the conclusion of an independent audit company. The funds of the Single Operator spent on the purchase of the services of an independent audit company must be reimbursed by the Authorized Company/Developer in full.
49. If the Developer's funds are insufficient to reimburse the funds (costs) Upon completion of the construction of the Renovation Facility under the agreement on the procedure for debt repayment, the Single Operator initiates the bankruptcy procedure of the Developer in accordance with the legislation of the Republic of Kazakhstan on rehabilitation and bankruptcy.
Chapter 11. Force majeure circumstances
50. The Parties to the Agreement are released from liability for partial or complete non-fulfillment of obligations under the Agreement if proper fulfillment has become impossible due to force majeure circumstances.
51. Force majeure is, including, but not limited to, the following circumstances: natural disasters, military actions, acts of state authorities and management bodies that prevent or prohibit the fulfillment by one of the Parties of the terms of this Agreement.
52. In the event of circumstances involving the impossibility of fulfilling obligations under this Agreement, the Party is obliged to notify the other Party in writing no later than three working days after the occurrence of this event, providing supporting documents certified by the authorized body of the Republic of Kazakhstan.
53. In the event that force majeure circumstances last for more than 30 (thirty) calendar days, either party has the right to terminate this Agreement. In this case, the Parties, within 30 (thirty) calendar days from the date of termination of this Agreement, are obliged to make mutual settlements for the work actually performed and the payment made.
Chapter 12. Final provisions
54. All amendments and/or additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties.
55. The Guarantee is terminated in the event of changes to the Project that entail increased liability or other adverse consequences for the Single Operator without his prior written consent.
56. If a Single Operator assumes additional responsibility under the guarantee, the Parties shall sign an additional agreement to this Agreement.
57. All disputes and disagreements between the Parties arising from or related to this Agreement are resolved through negotiations, and if no agreement is reached, by the courts of the Republic of Kazakhstan at the place of registration of the Unified Operator.
58. In everything else that is not directly provided for in this Agreement, the Parties are guided by the current legislation of the Republic of Kazakhstan.
59. This Agreement is the basis for the conclusion by an Authorized Company of equity participation agreements in housing construction as part of renovation with shareholders in order to attract money from shareholders.
60. As part of the renovation, the Shareholder confirms and does not object to making changes and/or additions to this Agreement without his participation on the grounds provided for in Chapter 9 of this Agreement.
Chapter 13. Term of the Agreement
61. The Agreement comes into force from the moment of state registration of the transfer of ownership of an Authorized Company to apartments and non-residential premises in the renovation facility listed in paragraph 9 of this Agreement and registration of a pledge for them in favor of a Single Operator and is valid until the Parties fully and properly fulfill all obligations.
62. The agreement is drawn up in Kazakh and Russian in electronic form.
63. Correspondence sent by the Parties under this Agreement shall be provided in writing (on letterhead, signed by authorized persons, and, if necessary, in electronic form) and reviewed within 15 (fifteen) business days from the date of receipt of correspondence by the Parties, with the exception of notifications for which a special procedure is provided in accordance with this Agreement..
64. Correspondence is considered to be duly received, from the date:
1) marks of the office/clerk of the Party;
2) receiving a notification of receipt or 5 (five) business days after delivery to the post office /courier in an envelope addressed to the relevant Party at the address indicated below, when it is sent by mail or courier:
For a Single operator:
Joint Stock Company "_____________"
Attention:
Head of a legal entity
Address:
Email:
For the Developer/Authorized Company:
Joint stock company/Limited Liability Partnership "__________"
Attention:
Head of a legal entity
Address:
Phone number: _________.
Email: _______________
65. In the event of a change in the addresses and details of either Party specified in Chapter 13 of this Agreement, the relevant Party shall notify the other Party in writing. In the absence of such notification, correspondence sent to the addresses and details specified in this Agreement shall be deemed to have been duly received.
66. The Parties may send correspondence of an informative nature by fax and/or e-mail to the other Party.
In this case, the sending Party is obliged to confirm the direction of correspondence to the other Party. The confirmation is considered to have been carried out properly:
1) by fax – by attaching the text of the correspondence with the note of the receiving Party on receipt, or by having a corresponding extract from the fax machine;
2) by e–mail - after receiving a notification about reading or sending a reply message about receiving an e-mail.
Chapter 14. Legal addresses and bank details of the Parties
67. Authorized company:Name, business identification number (hereinafter – BIN)Legal (actual) address:Phone number: _________.Bank requisites:customer identification code (hereinafter referred to as the CIC)business identification code (hereinafter referred to as BIC)Bank:The head of an Authorized Company or an Authorized Person acting on behalf of an Authorized Company__________________________________________________, ___________ Full name (if available) Place of seal (if available)
68. Single operator:Name, legal (actual) address:Phone number: ______________________.Bank requisites:IKKBIKBank:The head of a Single Operator or an Authorized person acting on behalf of a Single Operator___________________________________________________, ___________ Full name (if available) Place of seal (if available)
69. Developer:Name, legal (actual) address:Phone number: _________________________ Bank details:IKKBIKBank:The head of the organization (Developer) or an Authorized person acting on behalf of the organization_______________________________________________, ___________ Full name (if available) Place of seal (if available)
70. Property owners:
1) …… ______;
……
Appendix to the Standard Form of the agreement on the provision of guarantees for participation in housing construction in the framework of renovation
The agreement on joining the agreement on the provision of a guarantee of equity participation in housing construction in the framework of renovation
g. ____________
"_" __________ 20 G.
Joint Stock Company "Kazakhstan Housing Company",BIN __________________________, in the face of ____________________________, acting on the basis of the charter, hereinafter referred to as"The Acceding Party", which is a Single Housing Construction Operator, taking into account:
1) The positive decision of the Single Operator on the conclusion of a renovation agreement (Protocol no. ___ of "___" ______ 20__ year);
2) A renovation agreement as part of a guarantee from "__" _____ 20__ year No.;
3) An agreement on the provision of a guarantee of equity participation in housing construction within the framework of renovation from "__" _____ 20__ year No. ___;
Expresses its unconditional consent to the following:
1. The legal nature of the contract
1.1. This agreement on accession (hereinafter referred to as the Agreement) is concluded in accordance with Article 389 of the Civil Code of the Republic of Kazakhstan and defines the conditions for the accession of the Acceding Party to the terms of the Agreement on the provision of a guarantee of equity participation in housing construction as part of the renovation of "__" _____ 20__ year no.__ (more – A guarantee agreement).
1.2. The accession is carried out in full and without any reservations, by signing this Agreement.
1.3. The terms of the Agreement to which the accession is carried out are the same for all persons joining them, and are not subject to change on the initiative of the Acceding Party.
2. Subject of the agreement
2.1. The Acceding Party hereby confirms its consent and adheres to all the terms of the Guarantee Agreement.
2.2. The guarantee Agreement regulates the relations of the Parties related to the implementation of the renovation mechanism for dilapidated and/or dilapidated housing within the framework of the _____ Project.
2.3. From the moment of signing this Agreement, the Guarantee Agreement becomes binding on the Acceding Party in full, as if it were its original party.
3. The procedure of joining
3.1. Joining the Guarantee Agreement is carried out by signing this Agreement without making changes and (or) additions to its terms.
3.2. By signing this Agreement, the Acceding Party confirms that:
I am familiar with the terms of the Guarantee Agreement;
understands the legal consequences of joining;
accepts the terms of the Guarantee Agreement voluntarily and in full.
3.3. An integral part of this Agreement is a Guarantee Agreement submitted to the Acceding Party in electronic form.
4. Rights and obligations
4.1. The Acceding Party acquires all the rights and bears all the obligations of the Single Operator provided for in the Guarantee Agreement.
5. Responsibility of the parties
5.1. For non-fulfillment or improper fulfillment of obligations under this Agreement and the Guarantee Agreement, the Acceding Party is responsible in accordance with the legislation of the Republic of Kazakhstan and the terms of the Guarantee Agreement.
5.2. The acceding party has no right to refer to disagreement with certain terms of the Guarantee Agreement as the basis for exemption from liability.
6. Validity period
6.1. This Agreement comes into force from the moment of state registration of the transfer of ownership of an authorized company to apartments and non-residential premises in the renovation facility listed in clause 9 of the Guarantee Agreement and the registration of collateral for them in favor of a Single Operator and is valid for the duration of the Guarantee Agreement.
6.2. Termination of the Guarantee Agreement entails termination of this Agreement.
7. Final provisions
7.1. Everything that is not regulated by this Agreement is regulated by the Guarantee Agreement and the legislation of the Republic of Kazakhstan.
7.2. This Agreement cannot be amended or supplemented.
8. Banking details:
The joining party:Single operator:Name, legal (actual) address:Phone number: ______________________.Bank requisites:IKKBIKBank:The head of a Single Operator or an Authorized person acting on behalf of a Single Operator________________________________________, ___________Full name (if available) Place of seal (if available)
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