List of documents proving necessary decisions by authorized bodies

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LIST OF DOCUMENTS FOR LEGAL ENTITIES
The primary list of documents for legal entities:
1) Application for participation in accordance with Annex 7; Application form in
accordance with Annex 8; Consent of the borrower (Co-borrower) to provide information about
him to credit bureaus and to disclose information about him by credit bureaus in accordance with
Annex 9 - originals according to the forms given in present Regulations;
2) Copies of Certificate of state registration (re-registration) of legal entity, Memorandum
of association and/or Charter (including all amendments), taxpayer certificate (RNN); for joint
stock companies – the original certificate (extract) from the register of holders of securities,
indicating all members (shareholders) as of the date of convocation (if it is necessary under the
legislation of the Republic of Kazakhstan);
3) Certificates of servicing financial organizations (banks, leasing companies, credit firms
and credit institutions) of presence (absence) of a loan debt, accounts held, turnovers indicating
incoming and outgoing cash balance at the beginning and at the end of a month on the bank
account for the last 12 months before the date of application – the originals;
In case of presence of a loan debt, provide copies of documents on credit history: contracts
or agreements on opening of a credit line, credit agreements, leasing contracts, schedules of
payments for credit (leasing), copies of pledge agreements;
4) Financial statements in the form given in Annexes 10, 11, 12 and 13 of the present
Regulations for the past two years and for the last day of a calendar month preceding the date of
application with a copy of tax declaration for the last fiscal year, as well as interpretation of
claims, liabilities, fixed assets and inventories in accordance with Annex 14 of the present
Regulations – the originals stamped and signed by CEO and Chief accountant (if available);
5) Business plan drawn up in compliance with the requirements given in Annex 15 and
Certificate of structure of co-financing of the Investment project by the Potential borrower in
accordance with Annex 16 in the forms given in the present Regulations – the originals stamped
and signed by CEO;
6) Enlarged (indicative) estimate calculation of construction and assembly works and
explication of buildings – the original;
7) Copies and originals of technical specifications for all technological equipment and
specifications for pedigree livestock required for implementation of the Investment project and
agreed between the Potential borrower and a potential supplier of this equipment and pedigree
livestock;
8) List of documents necessary for assessing of liquidity and sufficiency of collateral of
the Potential borrower shall be submitted in accordance with Annex 17 to the present
Regulations (copies).
Note:
1. Presence of unreliable information about the Potential borrower and the Investment project in documents,
stipulated by the present Regulations, may cause rejection of the application of the Potential borrower or termination
of the agreement on financing of the Investment project (if any).
2. Simple copies of corresponding documents, specified in this list, shall be verified and certified by a credit
expert (manager) of the project, who certifies the copy stating the following: “Checked against the original. True
copy. _________ Full name of the credit expert (manager) in words, indicating title, signature ____________”.
Complete list of documents for legal entities:
1) Notarized copies of certificate of state registration (re-registration), Memorandum of
association and(or) Charter (with all amendments and supplements), taxpayer certificate (RNN)
of the borrower (Co-borrower);
2) Certificate of the tax authority on presence or absence of a debt in the budget and offbudget funds for the last three months signed by the Head or his Deputy and stamped by this tax
authority – the original (if the certificate of the tax authority is not signed by the Head or his
Deputy, provide copies of documents confirming the authority of a person who signed the
certificate);
3) Decision of the authorized body of the Potential borrower to obtain financing in
“KazAgroFinance” JSC indicating the amount of such financing, as well as the amount of own
co-financing – the original;
4) A copy of certificate of registration of VAT;
5) The notarized original of the card with specimen signatures of officials authorized to
sign and stamp;
6) A copy of document certified in accordance with the requirements of the Company,
confirming the authority of a person authorized to sign credit and collateral documentation on
behalf of the borrower;
7) Decision of the authorized body of the Potential borrower to establish the Executive
body and to elect the Head of the Executive body (if the Executive body is collegial) – a copy,
stamped by the legal entity;
8) Entities subject to statutory audit shall submit copies of audit reports, based on results
of the audit of annual financial statements for the last 2 years, licenses of auditing organizations
that conducted the audit;
9) Statistical reports in the form 1-cx “Report on the activities of agricultural facilities
and farms” for the last 2 (two) years – a copy with a note of the statistical authority, or certificate
of the district (municipal) department of statistics – the original;
10) If the main activity of the Potential borrower is animal breeding, it is required to
submit:
- Statistical reports in the form 24-cx “Report on the state of animal breeding” for the last 2
(two) years and for the last 3 (three) months before the date of application;
- Statistical reports in the form 10-cx “Feed consumption” for the last 2 (two) years.
11) If the main activity of the Potential borrower is plant cultivation, it is required to
submit statistical reports in the form 29-cx “Report on the harvest of crops from all lands” for the
last 3 (three) years;
12) Decision of the local executive body to provide the land(s) with private property
rights or temporary paid land use rights for keeping farm (farming), leasing contract (sale and
purchase contract) for the land(s) and act for the right of private property or temporary paid land
use, as well as the original certificate of land rights registration of the body of justice;
13) Certificate of absence of insolvency (bankruptcy) proceedings in courts, as well as
proceedings in which the Potential borrower acts as a plaintiff, defendant (to be made in free
form and signed by the Head);
14) Original documents on intention of a credit institution or another entity to provide the
Potential borrower with financial resources for co-financing the Investment project;
15) Notarized copies of licenses, permits confirming the right to carry out licensable
business activities, performance of related work (if activity carried out by the
borrower/pledger/Guarantor subject to be licensed under the legislation of the Republic of
Kazakhstan);
16) A positive opinion of an investment adviser (if engaged);
17) Notarized copies of educational diplomas of employees, as well as documents
proving work experience;
18) Copies or originals of documents confirming readiness and the actual possibility of
delivery of technological equipment and pedigree livestock by potential borrowers, necessary for
implementation of the Investment project, indicating possible dates of delivery, installation
periods, as well as value and payment terms;
19) Copies and originals of documents issued by the potential supplier of technological
equipment, confirming the suitability of facilities of the Potential borrower for installation of
technological equipment necessary for implementation of the Investment project (if the
equipment installation is planned in the existing facilities);
20) Certificate of the body of justice which reflects information on the initial registration,
all effected re-registrations and reasons for them, changes in charter, as well as size of share
capital and the founders;
21) Copies of documents confirming payment of share capital (except for JSC);
22) Copies of identity documents of the founders (shareholders, participants), holding
more than 10 % of participating interest (shares) and the Head of the legal entity;
23) List of documents necessary for assessing liquidity and sufficiency of collateral of the
Potential borrower shall be provided in accordance with Annex 17 to the present Regulations;
24) Technical and economic assessment of the construction value at the stage of
investment, enlarged estimate calculations of the construction value, preliminary calculations
reflecting complete structure of the upcoming construction and installation works and expenses,
mandatory coverage of issues relating to engineering services and communications indicating
capacity consumption (taking into account the needs of capacity from suppliers of the
equipment);
25) Joint stock companies shall additionally submit the following documents for legal
expertise:
1) A copy of the prospectus of issue of shares;
2) A copy of certificate of state registration of securities;
3) A copy of notification of approval of the report on results of issuance and placement of
shares;
4) Original certificate (extract) from the register of holders of securities indicating all
members (shareholders) as of the date of convocation (if it is necessary under the legislation of
the Republic of Kazakhstan);
5) A copy of the contract-order for provision of services for maintaining the register
system (with amendments and supplements, if any).
Note:
1. Presence of unreliable information about the Potential borrower and the Investment project in documents
stipulated by the present Regulations may cause rejection of the application of the Potential borrower or termination
of the agreement on financing of the Investment project (if concluded).
2. Simple copies of corresponding documents specified in the present list shall be verified and certified by a
credit expert (manager) of the project, who certifies the copy stating the following: “Checked against the original.
True copy. _____________ Full name of the credit expert (manager) in words, title, signature __________”.
3. Copies of the above-mentioned documents which are subject to the corresponding requirement for
notarization shall be notarized not earlier than 1 month before the date of application. If the requirements of the
present Regulations do not expressly state that a document maybe presented in copy and/or notarized, this
document shall be presented in the original (the original).
4. If documents which are required to be signed by the Head of the Potential borrower according to the
present list, have been signed by another person, it is required to submit the original power of attorney proving the
authority of the person who has signed the documents.
5. If the Potential borrower has affiliates, it is required to submit documents of the affiliates specified in
Subparagraphs 3, 4 of Paragraph 22 and Subparagraphs 1, 2, 4, 8, 9 of Paragraph 32 of the present List. In case the
affiliates carry out activities in livestock breeding and/or plant growing, submit documents specified in
Subparagraphs 10, 11 of Paragraph 32 of the present List. In addition, submit copies of identity cards and taxpayer
certificate (RNN) of the Heads and the Founders who have share in the authorized capital of more than 10 % or
shareholders holding more than 10 % of shares. If the affiliate is an individual, submit copies of identity card and
taxpayer certificate (RNN).
6. If there are any amendments and supplements to charter of economic partnerships, it is necessary to present
documents relating to these issues (deals on transfer of ownership of participating interest and documents on
payment for such deals).
7. In case of reorganization, provide documents relating to reorganization (merger, affiliation, division,
separation, transformation).
8. If the legal entity is in the process of reorganization, it is required to submit the decision of general
meeting of members on reorganization, dividing balance, transfer deed and other documents confirming the
reorganization of the legal entity.
List of documents required for taking decision by the Credit Committee of the Company to
start financing:
1) Design estimates for planned work and/or documents containing basic parameters of
planned activities indicating estimated costs;
2) Permission for construction and installation works;
3) Decision of the relevant executive body to allot the land for construction purposes or
title documents to the land which is under construction;
4) Opinions of the authorized state bodies (environmental review, opinion of Sanitary
Epidemiological Station);
5) Original reports of independent appraisal companies on assessment of collateral
(determining and proving its market value).
List of documents proving necessary decisions by authorized bodies of
borrowers/guarantors and/or consent of other persons or bodies to effect a deal of
loan/pledge/guarantee:
1) Decision of the authorized body of the pledger – the legal entity (members of the
farm) to provide collateral to secure fulfillment of obligations of the borrower with granting the
right the pledgee to sale the pledged property unjudicially;
2) Decision of the authorized body of the Guarantor – the legal entity (members of the
farm) to provide a full Guarantee to secure fulfillment of obligations of the borrower;
3) Notarized consent of the pledger’s spouse to pledge the property and to sale nonjudicially;
4) Notarized
consent
of
the
Guarantor’s
spouse
to provide full Guarantee;
5) Notarized consent of all owners of the pledged property to pledge the property and to
sale it non-judicially (if the property is in joint ownership);
6) A notarized copy of marriage certificate, if the pledger is married;
7) Notarized application of the pledger that he was not married at the time of purchase
of the property which is supposed to be pledged and is not married at the time of transfer of the
property as collateral;
8) The consent of the guardianship body to transfer the property as collateral and to sale
it non-judicially (only in cases when minor children are owners (co-owners) of the property to be
pledged);
9) The periodical with announcement of shareholders/founders, creditors and interested
parties to convene a meeting or a message about a transaction, if necessary.
Note:
It is essential that documents reflecting decisions of authorized bodies of legal entities and members of the
farm (borrowers/pledgers/Guarantors) were bound, numbered, stamped by the legal entity or the farm. Signatures of
members of the authorized body of the Potential borrower or members of the farm in these documents shall be
notarized.
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