Comprehensive Investment Contract for Project Implementation with Investor Preferences

Slide Note
Embed
Share

This investment contract involves the implementation of an investment project with provisions for investments and preferences for the investor. It outlines the terms and conditions for both parties involved in the agreement, aiming to facilitate the successful execution of the project and ensure mutual benefits.


Uploaded on Oct 07, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. Investment contract An investment contract (hereinafter-the" IC") is a contract for the implementation of an investment project, providing for the implementation of investments and the provision of investment preferences. Side IR: Investor; Authorized body for investments (investment Committee of the MFA of Kazakhstan).An investment contract is a model contract.The period of validity IR validity of investment incentives.IR conclusion- 35 working days:Consideration of the application-20 working days;Preparation-10 working days;Registration-5 working days.Entry into force - from the date of registration.

  2. How to conclude IR? Priority activities;Collecting documents and applying for investment preferences.Documents attached to the application: 1) certificates of state registration (re-registration) of a legal entity;2) a copy of the Charter of the legal entity, certified by the signature of the head and seal of the legal entity.3) the business plan of the investment project drawn up in accordance with the requirements established by the authorized investment body;4) documents confirming the size (cost) of the requested state natural grant by the legal entity of the Republic of Kazakhstan and preliminary approval of its provision;5) copies of the passport or identity document attracted foreign worker (with translation into Kazakh or Russian language) of labor agreement concluded between the employer and recruited foreign employee (translated into Kazakh or Russian language) of documents confirming his qualification and (or) education (with translation into Kazakh or Russian language).In the case that the application for provision of investment preferences provides for the granting of preferences on taxes and (or) investment subsidies, the investor represents the conclusion of state examination of pre-project and (or) project documentation, certified by signature, in the order determined by the legislation of the Republic of Kazakhstan.

  3. Chapter 1. Information about the legal entity of the Republic of Kazakhstan 1. Name of the legal entity of the Republic of Kazakhstan 2. Location: legal address and actual location 3. Business identification number (BIN) __________________________________(surname, name, patronymic (if any))____________________________ e-mail) 4. Head of legal entity of the Republic of Kazakhstan (telephone, Fax, ___________________________________ (surname, name, patronymic (if any))________________________________ , Fax, e-mail) 5. Chief accountant of the legal entity of the Republic of Kazakhstan (telephone ___________________________________(surname, name, patronymic (if any))________________________________ Fax, e-mail) 6. Investment project Manager (telephone,

  4. Chapter 2. Information about the investment project Name of the investment project ___________________________________ 7. ___________________________________ 8. Place of implementation of the investment project (region, district, city) 9. Selected priority activity (s) for investment (at the level of classes of the General classifier of economic activities) OKVED ___________________________________ 10. The volume of investments in fixed assets of a legal entity excluding value added tax (the costs of a fixed asset are taken into account not earlier than 24 months before the date of filing an application for investment preferences and (or) the costs of future periods before commissioning ( ) One) ______________________________________ document,confirming the availability of own funds)Two) _____________________________________ document, establishing sources _____________________________________ document,confirming funding from the budget) (name, no., date of 11. Sources of financing of the project, availability: (name, no., date of project financing, lender)Three) (name, no., date of 1) own funds 2) 2) borrowed funds 3) 3) budget funds

  5. Chapter 3. Investment preferences required for project implementation* Exemption from customs duties on import:1) technological equipment, components to it;2) spare parts for process equipment, raw materials and supplies 12. One) ________________________________ (benefit amount)Two) ________________________________ (benefit amount) 12-1. Exemption from value added tax on imports of raw materials and (or) materials __________________________________ (benefit amount) 13. 14. Place of customs clearance A government grant __________________________________ (supporting documents preliminary approval) 15. Land tax benefits** __________________________________ (term 16. Property tax benefits** __________________________________ term 17. Corporate income tax benefits** __________________________________ term 18. Investment subsidy*** __________________________________ ( ) the sum of costs for construction and installation works and acquisition of the equipment without the value added tax and excises is specified

  6. 19. Number of foreign labor force***, including (according to the Annex to the application for investment preferences): 1) managers,2) specialists with higher education,3) skilled workers 1)_____________________________________(numb er of persons)Two)_________________________________ ____(number of persons)Three)________________________________ _____(number of persons) Note:* to be filled in if necessary;** for a legal entity implementing a priority investment project to create new production facilities;*** for a legal entity implementing an investment priority project for the creation of new production facilities, as well as for the expansion and (or) renewal (reconstruction, modernization) of existing production facilities.

  7. Chapter 4. Working program on the investment project ________________________________________________________________ name) Name of investor: _________________________________________ Section 1: investments in fixed assets, thousand tenge Cost items Date of commissioning of calendar yearTwo thousand twenty Just fixed assets 1H 2H total year Process equipment or CMP 1st half of 2020 1 452 0 1 452 1 452 Total Section 1:

  8. Section 2: import of process equipment spare parts, raw materials, quantity Cost items Unit Development period Just 1H 2H total year 1. Spare parts, including: 2. Raw materials, including: Total under Section 2: Section 3: production figures, quantity in kind / Name of goods, works, services Calendar year Just 1H 2 H total year 1 Total under section 3:

  9. Chapter 5. The list and volume of imported technological equipment and components, spare parts, raw materials and materials exempted from customs duties in accordance with the legislation of the Customs Union and (or) the legislation of the Republic of Kazakhstan*. Name Commodity nomenclature of foreign Unit Number Documents that are used to economic activity of the Eurasian economic uniquely classify the goods** Union -THE FEACN OF THE CU Subtotal Note:* to be filled in if necessary** information on the classification of goods shall contain the full commercial name, trade name, principal technical, commercial characteristics of goods and other information, including photographs, drawings, blueprints, passports products, and other documents certified by the signature and seal of the legal entity applying.

  10. Chapter 6. Investment preferences for investment priority projects are provided subject to the following conditions in accordance with paragraph 5 of article 286 of the Entrepreneurial code of the Republic of Kazakhstan dated October 29, 2015. ________________________________________________________________________________________________ ________________________ _ (signature, stamp (if any) and date) (Surname, name, patronymic (if any) of the head of the legal entity of the Republic of Kazakhstan) Applicationto the application for the provision ofinvestment preferences Forms' Data on the attracted foreign labor force Surname, name, patronymic (including Date of birth Citizenship/ Country of permanent Number, date and issuing Attraction period (month, Latin letters) residence authority of the passport year) (identity document) ________________________________________________________________________________________________ ___________________________________ (Surname, name, patronymic (if any) of the head of the legal entity of the Republic of Kazakhstan) (signature, stamp (if any) and date)

  11. BUSINESS PLAN RECOMMENDATIONS IN THE PREPARATION OF THE BUSINESS PLAN OF THE INVESTMENT PROJECT1. Requirements for the preparation of the business plan of the investment project approved by the order of the Minister for investment and development of the Republic of Kazakhstan dated November 30, 2015 1133 "on some issues of state support of investments" (hereinafter the Order) in accordance with Annex 2.2. Requirements are imposed when a legal entity of the Republic of Kazakhstan submits an application for the provision of investment preferences. (hereinafter Application). The Application form is approved according to Appendix 1 to the Order. Current edition Explanations Project summary includes:1) information about the legal entity:name of legal entity; The name of the legal entity implementing the investment/investment priority project is specifiedThese data should be checked against point 1 of section 1 of the Application foreign ownership by country; Information from the constituent documents of the legal entity implementing the investment project Quasi-public sector participation; Information from the constituent documents of the legal entity implementing the investment project

  12. 2) project information:project name; The name of the project should correspond to the name specified in the applicationThese data should be checked against point 8 of section 2 of the application Indicate the planned production / services. The overall goal of the company on the project. Example: 1. output of quality products to the local market. 2. Export potential orientation 3. rendering of services according to modern standards and quality. project objective; the nature of the proposed investment project (creation of new, expansion and renewal of existing production); The directions in parentheses are selected. Creation of a new production - creation from scratch. Increase productivity-expansion of existing production. Reconstruction/replacement of equipment without increasing productivity-renewal of existing production. number of jobs created (temporary and permanent); Specify the jobs created for the period of construction of the investment project and jobs created after commissioning of the project the range of products the classification of products by kinds of economic activities (KVED RK). The classification of products by kinds of economic activities (KVED) published on the website of the Committee on statistics of Ministry of national economy of the Republic of Kazakhstan http://stat.gov.kz in the section "Classifiers". OKVED code/codes for the investment project are indicated. 3. The technology section includes: A description of the technology of the investment project is required, indicating the acquired and used fixed assets, in particular those specified in the work program.In case of indication of raw materials in subparagraph 2) of paragraph 13 of the application as exempt from customs duties requires a description of the technology of the investment project, indicating the purchased and used raw materials in the technological process in the investment project Note: the Concept of fixed assets is regulated by paragraph 1 of article 116 of the Tax code: 1) description of the technology of the investment project, indicating the acquired and used fixed assets, as well as imported raw materials and materials used in the technological process;

  13. 2) application of modern technologies in the investment project; The modern technologies used in the implementation of the investment project are indicated. 3) comparative analysis of imported raw materials on technical and cost characteristics, according to Annex 1 to the Requirements for the preparation of the business plan (filled in when importing the raw materials); Comparative analysis includes quantitative and qualitative, technical comparison of indicators of the proposed sample with its analogues (with links to manufacturers ' websites/photos, description if available). For example: cost, quality 4. The commercial section includes: 1) supply of raw materials and equipment:list of types of raw materials used; Raw materials, materials, equipment specified in the work program are specified. In the list of types of raw materials and materials those names which are used for release of finished goods by the type of activity of the investment project are specified. The range of products the classification of products by kinds of economic activities (KVED RK). KVAD published on the website of the Committee on statistics of Ministry of national economy of the Republic of Kazakhstan http://stat.gov.kz in the section "Classifiers". the average rate of expenditure of imported raw materials for the production of a unit of finished products manufactured on technological equipment in the framework of the investment project, indicating the name and volumeraw materials used; Filled in if according to the application (sub-paragraph 2) of paragraph 13 of section 3) the required type of investment preferences exemption from customs duties on imports of raw materials.Thus the production technology and the expense of raw materials and materials necessary for production on unit of finished goods according to production technology is specified. the list of necessary technological equipment; Specify the equipment listed in the work program and in the technology section of the business plan. novelty of technological equipment (production date and model of technological equipment); The date of release, model of the processing equipment are specified

  14. suppliers of equipment and raw materials indicating the existence of a contractual relationship with a legal entity that has applied for the provision of investment preferences; Equipment and raw materials must comply with the work program. List all equipment and raw materials indicating the existence of a contractual relationship with the legal entity that applied for the provision of investment preferences. Also, list only the equipment and raw materials, indicating the existence of a contractual relationship with the legal entity that has applied for the provision of investment preferences for which it is planned to receive preferences, including the date, number of the document for delivery 2) marketing: sales - specify which regions, which consumers, inwhich countries abroad are expected to be supplied, whether similar, interchangeable or complementary products are available on the market. Specify the relevant data listed in the cell.Representatives of SMEs is filled at will.Large investors are required to fill in.Note: the Concept of a large investor is regulated by article 274 of the Entrepreneurial code of the Republic of KazakhstanThe concepts of small and medium-sized businesses are regulated by article 24 of the Entrepreneurial code of the Republic of Kazakhstan. 5. Socio-economic and environmental impacts include: 1) direct participants of the investment project:designer, General contractor, contractor, subcontractor or contractor of services in the field of architectural, urban planning and construction activities (including survey and design activities, engineering services), equipment supplier, supplier of raw materials, intermediaries; This section is filled in by the applicants carrying out the investment priority project.The data listed in the first subparagraph of the relevant paragraph shall be indicated.

  15. 2) the need for the project workforce (number) in the form of Annex 2 to the Requirements for the preparation of the business plan; This point is filled in under two conditions:- implementation of the investment priority project;- the need to attract foreign labor without quotas and permits;Thus these data shall be reflected in point 20 of section 3 of the Application.The need for human resources is filled in the form in accordance with Annex 3, broken down by local and foreign personnel involved, and the period of attraction of personnel: at the time of construction, after commissioning. 3) distribution of functional duties of the attracted foreign labor force (is filled at implementation of the investment priority project);* This point is filled in under two conditions:- implementation of the investment priority project;- the need to attract foreign labor without quotas and permits; 4) the need for workers after commissioning, in the form of Annex 3 to the Requirements for the preparation of the business plan; This point is filled in under two conditions:- implementation of the investment priority project;- the need to attract foreign labor without quotas and permits;These data should be checked against point 20 of section 3 of the Application Social data are specified, including the preservation and (or) creation of jobs in the implementation of the investment project, training, potential import substitution. 5) expected social effect in the implementation of the investment project;

  16. 6. The financial section includes: 1) cost of implementation of the investment project, sources of financing:own funds;own funds; Sources of financing of the project are specified:amount of investments invested from own funds;These data should be checked against the subparagraph 1 point 12 of section 2 of the Application amount of investments made from borrowed funds;These data should be checked against the subparagraph 1 point 12 of section 2 of the Application borrowed funds (loans or borrowed funds of economic entities) and / or grant; the amount of investment invested from the budget. Note: the Concept of budget funds is regulated by article 3 of the Budget code of the Republic of Kazakhstan.These data should be checked against the subparagraph 1 point 12 of section 2 of the Application budgetary funds; 2) financial analysis:financial model of the project, including the calculation of models excluding investment preferences and taking into account the relevant investment preferences; Calculation of the amount of expenses excluding investment preferences and taking into account the relevant investment preferences NPV net present value, CF-cash flows, R - % rate, cost of capital, 0,1,2,3,4-number of time periods from now. Example: - http://www.glazavezde.ru/kalkulyator-dlya-rascheta-npv- irr.html financial calculator net present value for the life cycle of the project; internal rate of return for the life cycle of the project; r1 - the value of the selected discount rate at which Npv > 0 (Npv < 0); r2 - value of the selected discount rate at which NPV2 < 0 (7VPV2 > 0). Example: - http://www.glazavezde.ru/kalkulyator-dlya-rascheta-npv-irr.html financial calculator

  17. project payback period (simple and discounted); Simple payback period of the project: PP - payback rate of the investment project; Io - the size of the initial investment; P-the annual flow of money Discounted payback period: where, n - the number of periods; CFt-cash inflow in period t; r-barrier rate (discount rate); Io - the value of the initial investment in the zero period. Simple rate of return= Net profit for the year/ Investment costs simple rate of return (profitability); calculation of conditional losses and revenues for the national and local budgets, in the form of Annex 4 to the Requirements of the business plan. Conditional data on obligatory deductions to the budget at implementation of the investment project are specified The business plan of the investment project must be stitched and numbered, certified by the signature of the first head and the seal of the legal entity (if any).Note:* do not fill in the legal entities implementing the investment project.

Related