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On the development of the cotton industry

Source: EC section, 05/23/2013 15:01:11

 

LAW OF 
THE REPUBLIC OF KAZAKHSTAN

On the development of the cotton industry

 

This Law determines the legal, organizational and economic basis for the development of the cotton sector and regulates the social relations arising in the process of production, processing, storage and marketing of cotton in the Republic of Kazakhstan.

 

 

Chapter 1. General Provisions

Article 1. Basic concepts used in this Law

In this Law the following basic concepts:

1) the holder of the pledge certificate – a natural or legal person who is a mortgagee cotton obligation certified mortgage certificates;

2) the holder of the warehouse certificate – the owner of the cotton pledged, in cases of an endorsement on the warehouse certificate – the transferee;

3) lint – fiber covering seeds, remaining after separation of the cotton fiber from cotton seeds;

4) cotton – raw cotton, cotton, cotton seeds;

5) the holder of cotton – natural or legal person having ownership of raw cotton and (or) cotton, and (or) cotton seeds;

6) cotton collection point – a specialized facility designed for the reception, storage and distribution of raw cotton;

7) guarantee fund obligations under cotton receipts – a legal entity carrying out the activity in order to protect the legitimate rights and interests of holders of cotton receipts from non-performance of the cotton organizations issued their obligations under cotton receipts;

8 service activities of warehouse activities with issue of cotton receipts – activities carried out by organizations for the storage of cotton cotton; storage and release of cotton fiber and cotton seeds, and primary processing of raw cotton in the cotton fiber;

9) receipt cotton – double warehouse certificate, issued by the cotton organization in support of the adoption of seed cotton storage and (or) the primary processing; cotton fiber and cotton seed – for storage;

10) The holder of cotton receipts – the owner of the cotton, cotton-handed organization of raw cotton storage and (or) the primary processing; ginned cotton and cotton seed – for storage; in cases of receipt on cotton endorsement – the transferee;

11) cotton market participants – individuals and legal entities involved in the production, primary processing of raw cotton in the cotton fiber and cotton realization;

12) monitor the cotton market – a set of measures aimed at the collection, processing and analysis of the cotton market, including production, processing, storage and sale of cotton, cotton market participants carried out;

13) quality cotton – a set of consumer properties of cotton, determining compliance with the requirements of normative documents on standardization;

14) cotton processing organization – a legal person having ownership of cotton factory, a service provider for warehouse activities with issue of cotton receipts;

15) authorized body in the development of the cotton sector (hereinafter – the authorized body) – the central executive body, determined by the Government of the Republic of Kazakhstan, carrying out state regulation of the cotton sector;

16) cotton factory – a specialized facility designed for the primary processing of raw cotton in the cotton fiber;

17) cotton fiber – the main product produced in the primary processing of raw cotton;

18) bale of cotton – a certain amount of press-in a special way cotton fiber resulting from primary processing of raw cotton in the cotton fiber, in compliance with the technical regulations and normative documents on standardization;

19) examination of the quality of cotton fiber – a set of measures aimed at establishing and confirming the actual quality indices of cotton fiber, including the selection and testing of samples, a passport-quality cotton;

20) certificate of quality cotton fiber – a document certifying the actual performance quality of cotton and their compliance with the requirements of normative documents on standardization and (or) contracts;

21) cotton seeds – the fruit of the cotton produced in the primary processing of raw cotton;

22) cotton – crop cotton production;

23) specialized cotton crop rotation – scientifically grounded alternating cotton with other crops, prevents the accumulation of diseases and pests, the conservation and improvement of soil fertility, increase productivity and quality of cotton in which the share of cotton in the cropping patterns on the land of agricultural producers is not more than seventy percent;

24) processing contract – a public contract for the primary processing of raw cotton in the cotton fiber;

25) storage contract – a public contract storage of raw cotton;

26) expert organization – legal entity carrying out assessment of the quality of cotton fiber and the issuance of passports of quality cotton fiber in accordance with the requirements established by the legislation of the Republic of Kazakhstan;

27) raw cotton – fiber unseparated seeds;

28) the primary processing of raw cotton in the cotton fiber – a complex of technological operations on cleaning of raw cotton in the cotton fiber, seeds, lint, fibrous waste (ulyukosoderzhaschie and puhosoderzhaschie);

29) examination of the quality of raw cotton – a complex of measures aimed at the establishment and confirmation of actual indicators of quality of raw cotton, which includes the selection and testing of samples, registration of certificates of quality of raw cotton;

30) by-products processing of raw cotton – seed, lint, fibrous waste (ulyukosoderzhaschie and puhosoderzhaschie);

31) storage of raw cotton – a complex of technological operations for receiving, storage and distribution of raw cotton;

32) the production of raw cotton – agrotechnological complex of measures aimed at the cultivation of cotton.

 

Article 2. Legislation of the Republic of Kazakhstan on the development of the cotton industry

1. Legislation of the Republic of Kazakhstan on the development of the cotton sector is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other legal acts of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules than those contained in this Act, the rules of the international treaty.

 

 

Chapter 2. State regulation of the cotton industry

 

Article 3. The purpose of state regulation of the cotton industry

The purpose of state regulation of the cotton industry is the development of the cotton sector, improving the competitiveness of the cotton through the introduction of science-based technologies, technical regulations and the industrialization of cotton, its integration with the textile and food industries.

 

Article 4. Forms of state regulation of the cotton industry

State regulation of the cotton industry through:

1) state support for the development of the cotton sector;

2) development of a system to guarantee fulfillment of obligations under cotton receipts;

3) Promote the integration of the cotton sector with the textile and food industries, taking into account the principles of cluster development;

4) licensing service activities of warehouse activities with issue of cotton receipts and state control over the activities of the organizations of cotton;

5) technical regulations;

6) determination of the expert organization, as well as monitoring compliance with its rules for the examination of quality cotton fiber;

7) monitoring the cotton market;

8) monitoring compliance with agricultural producers of cotton crop rotations in specialty areas of cotton cultivation;

9) assessment of legislation in the field of development of the cotton industry.

 

Article 5. State support of development of the cotton industry

State support for the development of the cotton sector is carried out in the following areas:

1) the formation and implementation of stimulating investment, tax, fiscal and customs policy;

2) organization at the expense of budget funds the following activities:

the formation of public resources cottonseed, used for seed purposes;

research and activities in the production, storage and processing of cotton breeding and seed production, plant protection and quarantine, reclamation, conservation and improvement of soil fertility;

implementation of science-based technologies for the production of raw cotton;

optimize the structure of sown areas in the production of raw cotton and the introduction of specialized cotton crop rotation;

conduct land reclamation and irrigation works;

systematic observations and accounting for the emergence, development and spread of pests, diseases and weeds, as well as conducting combat particularly dangerous pests in cotton growing areas;

training for the cotton industry and textile industry, in accordance with state educational order;

subsidization of the cost of services for the delivery of water to agricultural producers;

subsidizing the cost of the examination of the quality of raw cotton;

3) the allocation of funds to specialized organizations for leasing deliveries of machinery and equipment for cotton and cotton processing organizations;

4) the issuance of loans to producers of seed cotton from state resources cottonseed;

5) provision of information cotton market;

6) the development of seed, including the reimbursement of the cost of production of original seeds of cotton, providing cheaper cost of elite seeds, seeds of the first and second reproductions of cotton sold to domestic agricultural producers, the definition of variety and sowing qualities of cotton seeds;

7) the organization of the credit system of the cotton market participants;

8) insurance of cotton in accordance with the laws of the Republic of Kazakhstan on compulsory insurance in plant growing;

9) To promote the rational use of water resources, the introduction of water-saving technology, the creation and establishment of rural consumer cooperatives of water users and their associations (unions).

 

Article 6. Competence of the Government of the Republic of Kazakhstan

The competence of the Government of the Republic of Kazakhstan are:

1) the development of the main directions of the state policy in the field of development of the cotton industry, strategic and tactical measures for its implementation;

2) approval of the qualification requirements for the delivery of services in warehouse activities with issue of cotton receipts;

3) approval of standard forms of contracts storage and processing;

3-1) approval of rules for monitoring cotton market;

4) Approval:

the rules of examination of quality cotton and issue quality certificates of cotton;

rules of operation and liquidation of funds to guarantee fulfillment of obligations under cotton receipts;

rules of participation of cotton companies in the system of guaranteeing fulfillment of obligations under cotton receipts;

Rules obtaining guarantees funds to guarantee fulfillment of obligations under cotton receipts;

rules of repayment obligations to the Fund guarantee fulfillment of obligations under cotton receipts;

subsidy rules of examination of quality cotton in the cotton processing acceptance on the organization;

rules of conduct quantitative and qualitative accounting cotton;

rules of formation, storage and use of public resources of cotton seeds;

rules of the organization process of primary processing of raw cotton in the cotton fiber;

Rules of issue, circulation, cancellation and redemption of cotton receipts;

the rules of the interim management of the cotton company.

5) determination of the expert organization;

6) approval of the qualification requirements for expert organizations;

7) approval of the technical regulations in the field of development of the cotton sector;

8) implementation of cooperation and collaboration with international organizations on the development of the cotton sector;

9) approval of:

the rules of the examination quality of raw cotton and the issuance of the certificate of quality of raw cotton;

form (sample) certification of the quality of raw cotton;

form (sample) passport quality cotton;

10) perform other functions assigned to it by the Constitution and laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

 

Article 7. Competence of the authorized body

The competence of the authorized body include:

1) ensuring the formation and implementation of state policy in the field of development of the cotton sector;

2) ensuring the formation and management of public resources cottonseed and control over their quantitative and qualitative state;

3) the development of regulations to monitor the cotton market;

4) Development and approval of the form (the sample) and the description of the cotton receipts;

5) development of projects qualifying requirements:

delivery of services in warehouse activities with issue of cotton receipts;

expert organization;

6) Developing:

order the examination of the quality of raw cotton and the issuance of the certificate of quality of raw cotton;

form (sample) certification of the quality of raw cotton;

form (sample) passport quality cotton;

7) monitoring the cotton market;

8) Control:

safety and quality of cotton;

the activities of the accredited testing laboratories (centers);

the activities of the expert organization;

9) The implementation of inspection (inspection) activities of cotton organizations;

10) issue of binding written orders to eliminate violations of the legislation of the Republic of Kazakhstan on the development of the cotton sector within the established deadlines in the order;

11) making the decision to impose a temporary administration of the cotton company;

12) claim in court on forced liquidation of the cotton company;

13) the imposition of a temporary ban on holiday Cotton on the grounds stipulated by paragraph 2 of Article 32 of this Law;

14) prepare and submit to the procedure established by the legislation of the Republic of Kazakhstan, of proposals for the development of technical regulations, updating and harmonizing regulations on standardization;

15) development and approval of the state inspectors in the field of development of the cotton sector;

16) the development of the list of forms and documents of accounting, reporting deadlines for compliance with the qualification requirements for the activities to provide services in warehouse activities with issue of cotton receipts;

17) the development of standard contract forms storage and processing;

18) the development of projects:

rules of examination of quality cotton and issue quality certificates of cotton;

rules of operation and liquidation of funds to guarantee fulfillment of obligations under cotton receipts;

rules for participation of cotton companies in the system of guaranteeing fulfillment of obligations under cotton receipts;

Rules obtaining guarantees funds guaranteeing fulfillment of obligations under cotton receipts;

puttable liabilities Guarantee Fund obligations under cotton receipts;

rules of quantitative and qualitative accounting cotton;

rules of formation, storage and use of public resources of cotton seeds;

subsidy rules of examination of quality cotton in the cotton processing acceptance on the organization;

Rules of the process of primary processing of raw cotton in the cotton fiber;

Rules of issue, circulation, cancellation and redemption of cotton receipts;

the rules of the interim management of the cotton company;

19) monitoring of compliance with the rules of the organizations of cotton:

conducting quantitative and qualitative accounting cotton;

issuance, circulation, cancellation and repayment of cotton receipts;

formation, storage and use of public resources of cotton seeds;

20) annual monitoring of compliance with the rules of the organization of expert examination of the quality of cotton and issue quality certificates cotton.

21) development and approval of forms of obligatory departmental reports, checklists, criteria for assessing risk, semiannual audit plans in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan”;

22) other powers stipulated in this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

 

Article 8. The competence of the local executive body of the region

The competence of the local executive body of the region include:

1) implementation of state policy in the field of development of the cotton sector;

2) licensing of the provision of services in warehouse activities with issue of cotton receipts;

3) participation in the monitoring of the cotton market in accordance with the rules approved by the authority;

4) monitoring of compliance by agricultural producers of cotton crop rotations specialized in cotton growing areas;

5) the license control of the cotton organizations, including:

annual planned inspection of the cotton organization in order to protect the interests of the owners of cotton for compliance with the qualification requirements and readiness for acceptance of raw cotton crop under the new schedule;

documenting of testing of cotton organizations;

6) introduction to the authorized body:

presentation on the introduction of temporary administration of the cotton company;

proposals for filing a lawsuit in court on forced liquidation of the cotton company;

proposals for improvement of normative documents on standardization, legal acts in the field of development of the cotton sector;

7) suspension of the license to perform service activities on warehouse activities with issue of cotton receipts in whole or in respect of certain transactions in accordance with the legislation of the Republic of Kazakhstan on administrative offenses, as well as filing a claim in court for revocation of the license for the right to of the service activities of warehouse activities with issue of cotton receipts;

8) the organization of the examination of the quality of raw cotton;

9) implementation in the interest of the local government of other powers delegated to local executive bodies by the legislation of the Republic of Kazakhstan.

 

 

Chapter 3. The state control in the field of safety and quality of cotton

 

Article 9. The state control in the field of safety and quality of cotton

1. State control in the field of safety and quality of cotton is carried out by the authorized body within its competence, and aims to ensure compliance with the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan regulations for the safety and quality of cotton.

2. The state control in the field of security cotton carried out in order to prevent the risk of injury to human life, health, the environment, including flora and fauna.

3. State control over the quality of cotton include:

1) control over the definition of indicators of quality of cotton at acceptance for storage and processing, and leave in order to protect the interests of the owners of cotton on the basis of formal complaints (complaints) cotton market participants;

2) monitoring the quantitative and qualitative state of stored and processed cotton in order to protect the interests of the owners of cotton on the basis of formal complaints (complaints) of the participants of the cotton market.

4. State control in the field of safety and quality of cotton is carried out in the form of checks and other forms.

5. Verification in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan.” Other forms of state control are carried out in accordance with this Law.

 

Article 10. Examination of the quality of raw cotton

1. Examination of the quality of cotton is carried out testing laboratories (centers) accredited in accordance with the legislation of the Republic of Kazakhstan.

2. Member cotton market may apply to the accredited testing laboratories (centers) for the examination of the quality of raw cotton on a contractual basis.

3. In order to protect the interests of participants in the cotton market control over the activity of accredited testing laboratories (centers) to comply with the order of the examination of the quality of raw cotton and the issuance of the certificate of quality of cotton made ​​by the authorized body together with the authorized state body on technical regulation and metrology.

 

Article 11. Examination of the quality of cotton fiber

1. Examination of the quality of cotton is mandatory and is carried out on each bale of cotton (bale).

2. Examination of the quality of cotton is carried out at the expense of budget funds expert organization established by the Government of the Republic of Kazakhstan in accordance with the qualification requirements, approved in accordance with sub-paragraph 6) of Article 6 of this Act.

If necessary, the owner of the cotton shall be entitled to re-examination of the quality of cotton fiber in a different expert organization at their own expense.

3. Monitoring of compliance with the rules of the organization of expert examination of the quality of cotton and issue quality certificates of cotton fiber annually carries out the authorized body.

4. not allowed to sell cotton fiber without a passport quality cotton.

 

Chapter 4. The activities of agricultural producers engaged in the production of cotton, cotton processing companies and service-procuring centers

Article 12. Rights and duties of agricultural producers engaged in cotton production

1. Agricultural producers engaged in the production of cotton, have the right to:

1) raw cotton grown on land granted in accordance with the land legislation of the Republic of Kazakhstan;

2) at its own discretion to possess, use and dispose of them in cotton;

3) to receive state support for the development of the cotton sector;

4) to have other rights in accordance with the laws of the Republic of Kazakhstan.

2. Agricultural producers engaged in the production of cotton must:

1) to cotton production methods that ensure the reproduction of fertility of agricultural lands, as well as to exclude or limit the adverse impact of such activities on the environment;

2) carry out other duties in accordance with the laws of the Republic of Kazakhstan.

 

Article 13. Organization of cotton

1. ginning company provides services in warehouse activities with issue of cotton receipts under license.

Legal person without a license to carry out service activities of warehouse activities with issue of cotton receipts, not the right to use its name, trademarks, documents, announcements and advertisements the word “cotton-organization”, “cotton factory”, “cotton collection point “or words derived therefrom.

2. The organization recognizes the cotton warehouses for general use.

3. The organization must have a cotton-processing:

1) on cotton plant:

at least one cotton collection point;

Equipment designed for manufacturing operations for the primary processing of raw cotton in the cotton fiber;

weight equipment;

ventilation equipment;

handling mechanisms;

fire-fighting equipment;

production and technological laboratory for the determination of the quality of cotton;

provides space for storage of cotton;

2) cotton collection point, located outside the ginning plant:

open (covered) area for warehousing and storage of raw cotton;

weight equipment;

ventilation equipment;

laboratory equipment for sampling and determining the quality of raw cotton;

handling mechanisms;

fire-fighting equipment.

The territory ginning plant, as well as cotton collection point located outside the ginning plant location must be fenced.

4. the cotton organization must:

1) comply with the conditions of acceptance and storage of cotton and provide service activities on warehouse activities with issue of cotton receipts in accordance with the requirements established by normative legal acts, technical regulations and normative documents on standardization;

2) to provide quantitative and qualitative safety of deposit and (or) processing of cotton according to cotton receipts issued;

3) At the request of the cotton receipts in exchange for a receipt to release cotton cotton stored in accordance with the terms of storage and (or) processing in the absence of debt for services rendered;

4) provide at the request of the owner of the cotton cotton samples to check its quality;

5) to fulfill obligations to the owners of cotton, the contractual storage, and (or) agreement processing.

 

Article 14. Payment for the cotton organization

Payments cotton processing company made in accordance with the contract of storage and (or) agreement recycling money or by sending the appropriate amount of cotton cotton processing company to the commission of the owner of the cotton in the cotton endorsement receipt.

 

Article 15. Limitation of activities of the cotton company

1. The cotton processing organizations are prohibited to carry out business activities not related to the delivery of services in warehouse activities with issue of cotton receipts and issue guarantees and provide their property as collateral for the obligations of third parties, except:

1) production and sales of cotton processing and by-product processing of raw cotton and textile products;

2) services of customs warehouse;

3) organization of the cotton pledged property complex as a whole in accordance with the civil legislation of the Republic of Kazakhstan.

Cotton-processing organizations are required to provide separate accounting operations of service activities on warehouse activities with issue of cotton receipts and activities not related to warehouse activities with issue of cotton receipts.

2. It is prohibited alienation of the cotton company assets, without which the exercise of service activities on warehouse activities with issue of cotton receipts becomes completely impossible or significantly deteriorates.

3. cotton processing organizations are prohibited to dispose of cotton deposited with and (or) processing.

 

Article 16. Accounting and Reporting of the cotton company

1. The organization must provide a cotton processing strict control and storage of documents, reflecting the operation made it with cotton.

2. List and forms of documents accounting, reporting deadlines for compliance with the requirements for the delivery of services in warehouse activities with issue of cotton receipts, monitoring cotton market, approved by the Government of the Republic of Kazakhstan.

2-1. Departmental statistical surveys carried out by the authorized body in accordance with the statistical methodology approved by the authorized body in the field of state statistics.

3. The list of documents to be stored, storage periods are set rules of conducting quantitative and qualitative accounting cotton.

4. The organization must provide a cotton processing at the written request of the authorized body and the executive body of the local area information related to its activities necessary to monitor the cotton market.

 

Article 17 The system to guarantee fulfillment of obligations under cotton receipts

1. The organization must provide a cotton-fulfillment of its obligations to the holders of cotton receipts through participation in the system of guaranteeing the fulfillment of obligations under cotton receipts.

2. Participation in the organization of the cotton guarantee the fulfillment of obligations under cotton receipts is based on the participation agreement entered into with the fund to guarantee fulfillment of obligations under cotton receipts.

3. Guarantee Fund obligations under cotton receipts bear subsidiary liability for the obligations of its members in accordance with the civil legislation of the Republic of Kazakhstan.

 

Article 18. Audit of the cotton company

1. the cotton organization shall conduct an audit of the annual financial statements in accordance with the laws of the Republic of Kazakhstan.

2. If the cotton processing organization evades audit, the audit can be appointed by a court decision on the suit of any interested person.

3. Implementation of the audit by the internal audit organization of the cotton does not exempt it from the obligation to perform the audit.

 

Article 19. Features of alienation (acquisition) of assets of the cotton company

1. ginneries is indivisible property and alienated (sold) as an indivisible property, except:

1) alienation (acquisition) of cotton collection point, located outside the ginning plant;

2) termination of the service activities of warehouse activities with issue of cotton receipts and the absence of unfulfilled obligations to the holders of cotton receipts, state inspector confirmed the development of the cotton sector;

3) the sale of property in case of liquidation of the cotton company.

2. the cotton organization shall not later than two months prior to the alienation of a cotton ginning plant or points located outside the ginning plant location, notify holders known her cotton receipts on alienation of property, as well as to place an announcement in national periodicals in the state and Russian.

3. Transactions for the implementation of a cotton ginning plant or points located outside the ginning plant, the cotton organization committed in violation of paragraphs 1 and 2 of this Article may be deemed null and void by the court at the suit of cotton receipts holders and other interested parties.

4. The performance of obligations arising from the cotton receipts issued by the former owner of the ginning plant (cotton collection point, located outside the ginning plant), the responsibility of the purchaser of the plant for cotton (cotton collection point located outside the ginning plant location) or a person who has obtained such property in order execution of the decision of the court or arbitral tribunal, in the amount prescribed by an act of the inventory balances of cotton produced by the Commission for Reception, transfer of property, and state inspector approved the development of the cotton sector.

If an inventory balances cotton was not made, the fulfillment of obligations of all cotton receipts issued by the cotton organization – the former owner of the property:

1) the alienation of ginning plant, the responsibility of the new owner of the ginning plant;

2) the alienation of cotton collection point, located outside the ginning plant, carried out the previous owner of the cotton collection point.

5. The new owner of the ginning plant and (or) a cotton collection point, located outside the ginning plant, provides processing and storage of cotton adopted by an act of the inventory balances of cotton on a contract processing, previously concluded between the former owner and the owner of the cotton prior to the expiry of such contract.

6. Disposition of the cotton company, is the subject of the market, a dominant position on the market, as well as the acquisition of assets of the cotton company by a person holding a dominant position on the market are made with regard to the requirements established by the antimonopoly legislation of the Republic of Kazakhstan.

 

 

Chapter 5. Cotton receipt

Article 20. Cotton receipt

1. The organization provides a cotton ginning receipt confirming the adoption of cotton on the basis of the contract of storage and (or) agreement processing.

2. Cotton receipt consists of two parts: a warehouse certificate and the pledge certificate, which if necessary can be separated from one another. Cotton receipt and each of its parts are an order Non-Equity Securities.

3. Each of the pieces of cotton receipts shall contain the following mandatory details:

1) Code of the cotton organization assigned by the licensor;

2) the current number of cotton receipts for cotton receipts registry;

3) series and number of blank cotton receipts;

4) name, location and business identification number of the cotton organization accepting the cotton;

5) the name of the owner of the cotton: surname, first name, middle name (if any) of the natural person or legal entity; locate the owner of the cotton: the place of residence or location of an individual legal entity; number of the identity document of a natural person, or the number of the certificate of state registration (re-registration) of a legal entity; taxpayer identification number of the owner of cotton;

5-1) details about the owner of the cotton: surname, first name, middle name (if any) of the natural person or legal entity; address of the individual or the location of the entity; an identification number;

6) details of the document certifying the varietal and sowing quality of seeds;

7) qualitative and quantitative indicators of cotton;

8) storage of cotton: location of the ginning plant and (or) a cotton collection point located outside the ginning plant location;

9) the shelf life and (or) processing of raw cotton; the shelf life of seed cotton and cotton fiber;

10) The details (number and date of the) contract storage and (or) the contract processing;

11) mark on the participation of the cotton company in the fund to guarantee fulfillment of obligations under cotton receipts;

12) the date of issue of cotton receipts;

13) the signature of the authorized person and seal the cotton organization;

14) the name of the relevant part of the cotton receipts;

15) mark of payment for storage.

4. The document does not meet the requirements set forth in paragraph 3 of this Article is not cotton receipts.

5. Separation of the pledge certificate from the warehouse receipt to the warehouse certificate annotation containing the following information:

1) surname, name and patronymic (if any) and place of residence of the transferee – in respect of a natural person; name and address of the transferee – in respect of a legal entity;

2) being the size of the obligation secured by the pledge, including the interest rate on it, Maturity;

3) the signature of the transferee;

4) the date separating the pledge certificate.

6. Separation of the pledge certificate of warehouse receipts pledge certificate is a mark containing the following information:

1) surname, name and patronymic (if any) and place of residence of the transferor – in respect of a natural person; the name and location of the transferor – in respect of a legal entity;

2) being the size of the obligation secured by the pledge, including the interest rate on it, Maturity;

3) the signature of the endorser;

4) the date separating the pledge certificate.

7. cotton processing company must submit to the authorized body a card with name, surname, patronymic (if any) of individuals authorized to sign the cotton receipts, samples of their signatures, as well as a sample of seal, commit to cotton receipts.

8. Inconsistency signatures seal on receipt of cotton samples of signatures and stamp indicated on the form to be provided by the competent authority, it is the basis for recognition of the cotton receipts invalid.

 

Article 21. The issuance of cotton receipts

1. Cotton receipt is issued for each lot homogeneous in quality cotton. Number of cotton receipts issued for the entire amount is determined by the owner surrendered cotton cotton in his application.

Cotton ginning organization issues a receipt after the formation of the party of cotton in no later than three calendar days from the date of filing.

2. Cotton Cotton receipts issued with the registration owner and under his signature in the register of cotton receipts kept by the cotton organization in chronological order.

3. New cotton receipts issued at the request of holders of cotton receipts in accordance with the legislation of the Republic of Kazakhstan, in the following cases:

1) absence of cotton receipt space to carry an endorsement;

2) physical wear cotton receipts;

3) the exchange of cotton receipts;

4) the loss of cotton receipts.

4. The activities carried out in the service-procuring centers, are not subject to licensing. Persons conducting activities in the service-procuring centers, is not entitled to issue receipts cotton.

 

Article 22. Transfer of rights under cotton receipts and parts thereof

1. Rights of cotton receipts and it is often transmitted by committing them endorsements – endorsement.

2. Assignment of unrequited receipt of cotton is carried out by the commission endorsement only on the warehouse certificate.

3. Branch pledge certificate from the warehouse receipt is carried out by a pledge of cotton in accordance with paragraphs 5 and 6 of Article 20 of this Law.

 

Article 23. Rights of Holders of cotton receipts and its parts

1. The holder has the right to cotton receipts orders stored on the cotton gin plant (cotton collection point) cotton cotton processing company in full.

2. The holder of the warehouse certificate containing information about the pledge, shall have the right to dispose of cotton, the cotton referred to in the receipt, but has no right to demand the issuance of debt to cotton under the pledge certificate in accordance with the legislation of the Republic of Kazakhstan.

3. The holder of a pledge certificate has the right to:

1) require the holder of the warehouse certificate separated the collateral evidence from storage, perform an obligation certified mortgage certificates;

2) to transfer the pledge certificate and the right of it to third parties;

3) In case of default, certified by the pledge certificate, to foreclose on the collateral in accordance with the legislation of the Republic of Kazakhstan.

 

Article 24. Vacation of cotton

1. Leave the cotton is carried out at the request of the cotton receipts in exchange for the originals of warehouse and pledge certificates that are redeemable.

Vacation implemented in accordance with Article 26 of this Law is carried out at the request of the cotton it acquirer in exchange for a paper on the results of the tenders.

2. The holder shall be entitled to require the cotton receipts Vacation cotton in parts. At the same time, in exchange for cotton original receipt shall be issued a receipt for the new cotton remaining amount of cotton.

3. To demand of cotton holder cotton receipts shall come himself or send an authorized representative acting by virtue of powers based on powers of attorney, the law of the Republic of Kazakhstan, the court decision or administrative act.

4. Leave the cotton at the request of the holder of the warehouse certificate containing information about the pledge made in the manner specified by the authority.

 

Article 25. The procedure for exercising rights under the pledge certificate

1. The holder of a pledge certificate has the right to foreclose on cotton indicated in the pledge certificate only in case of default or improper performance of the obligation secured by the pledge.

2. In the case of early performance of the obligation secured by the pledge certificate, the holder of the pledge certificate shall return the pledge certificate with a note on the termination of the pledge known holder of the warehouse certificate or cotton processing company to repay.

3. If at the time of foreclosure cotton was claimed warehouse certificate holder, cotton-organization is the holder of the pledge certificate document certifying the enforcement of the obligations of the pledge certificate.

After satisfaction of the requirements for a document confirming the fulfillment of the obligation specified in the pledge certificate, the holder of the pledge certificate returns lien certificate with a note on the termination of collateral for repayment.

 

Article 26. Implementation of the mortgaged cotton

1. The implementation of the pledged cotton carried out in case of default or improper performance of obligations certified by the pledge certificate, a trustee of the pledge certificate.

The trustee holder of the pledge certificate shall notify the mortgagor of default, authenticated pledge certificate, both published in the media announcement of the bid, including information about the time, place, subject bid, the order of their conduct, registration of participation in the auction and the initial price pledged cotton.

Trades are conducted not earlier than fourteen calendar days from the date of publication of the announcement of the bidding in the media.

2. The amount received from the sale of cotton, distributed as follows: first of all covered expenses related to the organization and conduct of the auction, then the cotton shall be paid remuneration for the services of organizing warehousing activities with the issuance of cotton receipts, then the claims of the pledge certificate and the rest He returned to the holder of the warehouse receipt in exchange for the original warehouse receipt.

3. The claims of each priority shall be satisfied after the full satisfaction of the claims of the previous turn.

 

Article 27. Loss of cotton receipts or parts thereof

1. In the case of loss of cotton receipts or parts thereof (storage or pledge certificate) a person who has lost cotton receipt or corresponding certificate, shall immediately in writing notify the organization of the cotton.

In case of loss of the warehouse certificate containing details of the pledge, the person who lost the warehouse certificate, shall immediately in writing notify the holder of the pledge certificate specified in the warehouse certificate.

2. Restoration of the rights of the cotton lost the receipt or part (s warehouse or pledge certificate) by the court.

 

 

Chapter 6. State control over the activities of organizations of cotton

 

Article 28. Inspection (verification) activities of cotton organizations

1. In order to regulate the cotton market and protect the interests of the owners of cotton on the basis of formal complaints (complaints) cotton market participants authorized body on their own and (or) with the involvement of the relevant interested state bodies, as well as state inspector of development of the cotton sector is carried out inspection (inspection) Activities of cotton organizations for compliance with the requirements established by the legislation of the Republic of Kazakhstan.

2. the cotton organization is obliged to provide assistance to persons referred to in paragraph 1 of this Article on the issues specified in the task of inspection (inspection), to provide access to all facilities on the territory of a cotton ginning plant and the points, as well as to all sources containing information necessary for inspection (inspection).

3. Officials in charge of inspections (inspection) activities of the cotton company, the disclosure of information constituting commercial and other secrets protected by law, obtained during the inspection (supervision) activities of the cotton organizations bear responsibility in accordance with the laws of the Republic of Kazakhstan.

 

Article 29. State Inspector of the development of the cotton sector

1. In exercising its powers the state inspector of development of the cotton sector have the right to:

1) to verify the safety and quality of cotton in accordance with Article 9 of this Act;

2) freely visit (upon presentation of service certificate and instrument of appointment checks with a registration mark in the body for legal statistics) production facility, the primary processing of raw cotton in the cotton fiber, the storage of raw cotton, as well as obtain information necessary for the implementation of control and monitoring of cotton market;

3) make proposals on suspension and (or) withdrawal of the license to perform service activities on warehouse activities with issue of cotton receipts.

2. The head of the authority may in accordance with the legislation of the Republic of Kazakhstan, assign extra special name “State Inspector of development of the cotton sector” to the respective positions of public servants.

 

Article 30. Sanctions for cotton processing organizations

In the event of an inspection violations in the activities of the cotton company the authority may apply to the cotton organization following measures:

1) issue binding written orders to eliminate violations of the legislation of the Republic of Kazakhstan on the development of the cotton sector within the established deadlines in the order;

2) the introduction of temporary administration of the cotton company on the grounds stipulated in Article 32 of this Law;

3) making suggestions to the relevant local executive body of the region to deprive license for service activities of warehouse activities with issue of cotton receipts.

Cotton processing organization that directed a written order of the authorized body shall have the right to appeal against it in the manner prescribed by the legislation of the Republic of Kazakhstan.

 

Article 31. Suspension, loss of license to perform service activities on warehouse activities with issue of cotton receipts

Suspension, loss of license to perform service activities on warehouse activities with issue of cotton receipts are carried out in accordance with the legislation of the Republic of Kazakhstan on administrative offenses.

 

Chapter 7. Interim management organization of the cotton

Article 32. Interim management organization of the cotton

1. Interim management is a cotton processing company forced a complex of administrative, legal, financial, organizational, technical and other measures and procedures aimed at restoring the capacity of the cotton organization to fulfill its obligations under cotton receipts.

2. To make a decision to impose a temporary administration is sufficient to have at least one of the following grounds:

1) systematic (two or more times within six consecutive calendar months) improper performance of contractual obligations for the primary processing of raw cotton in the cotton fiber, expressed in the refusal to issue a cotton under the first requirement of the cotton receipts in the manner prescribed in Article 24 of this Law ;

2) identification of the fact of exceeding the number of cotton, cotton provided receipts over the actual number of stored cotton.

3. The condition of the introduction of temporary administration on the grounds provided by paragraph 2 of this article, is the act of the identified violations is a result of the inspection (supervision) activities of the cotton organization carried out in accordance with this Law.

The reasons for the competent authority inspection (inspection) activities of the cotton organization are:

1) Presentation of the local executive body of the region;

2) schedule of audits;

3) official appeals (complaints) cotton receipts holders of two or more facts refusal of cotton.

4. The interim management is not entered in the case of the administration in relation to the cotton organization of procedure of external observation.

5. The period of temporary control of the cotton organization can not be more than six months.

6. Interim management of the cotton organization carried out by the Commission on the interim administration and the interim administration.

7. Interim management organization carried out the cotton at the expense of the cotton company.

8. For damage caused by illegal actions of the organization of the cotton during the interim administration, members of the Commission for interim management, members of the interim administration are responsible in accordance with the laws of the Republic of Kazakhstan.

 

Article 33. The introduction of the interim administration of the cotton company

1. The decision to introduce the temporary administration of the cotton organization adopted by the authorized body on the proposal of the local executive body of the region, which should include:

1) conclude that there are grounds for the introduction of temporary administration;

2) for inclusion in the commission of interim management.

2. The decision to impose a temporary administration of the cotton organization issued an order of the authorized body and shall include:

1) the name and address of the cotton organization in respect of which introduced a temporary administration;

2) the basis for the introduction of temporary administration;

3) The beginning and the period of validity of the temporary administration;

4) a list of restrictions on the activities of the cotton organizations, including the suspension of the release of cotton;

5) the personal composition of the Commission on the interim management;

6) prescribing executives of the cotton organization in respect of which introduced a temporary administration, about the preparation of the report on the work and presentation of its temporary administration and the mandatory notification of known holders of cotton receipts issued to the cotton of the organization, the introduction of temporary administration.

3. The decision to impose a temporary administration may be appealed by interested parties in the court. Appeal against this decision does not suspend its operation.

4. The decision on the introduction of temporary administration is published by the authorized body in the national periodicals in Kazakh and Russian languages ​​within three working days from the date of its adoption at the expense of the cotton company. Simultaneously with the publication of the decision to impose a temporary administration of the cotton organization competent authority shall publish a notice of the right of holders of cotton receipts issued to the cotton of the organization to participate in the meeting of the holders of cotton receipts for the purpose of electing representatives to the interim administration.

 

Article 34. Commission interim management

1. The Commission on interim management is composed of representatives of the authorized body and its territorial subdivisions and local executive bodies in the area. The total number of members of the interim management should be an odd number, and be at least three people.

2. The competence of the Commission on the interim management are:

1) approval of the composition of an interim administration;

2) approval of the report on the results of the interim administration activities;

3) supervision of an interim administration;

4) the implementation of the interim administration functions in accordance with Article 35 of this Law prior to the approval of its composition.

3. Not later than two working days from the date of the decision to impose a temporary administration hoc committee shall send a written notification to the cotton processing service organization of the bank on the suspension of transactions on the account of the cotton processing company.

4. Decisions of the Commission on the interim management taken by majority vote and shall be binding upon the interim administration.

5. Commission interim management the right to:

1) make recommendations to the Interim Administration on the main directions of its activities during the interim management of the cotton company;

2) require the interim administration to provide information on its activities and the activities of the cotton organization in accordance with the laws of the Republic of Kazakhstan;

3) submit proposals to the competent authority on the early termination of the interim management of the cotton organization or extension of the temporary administration of the cotton company.

 

Article 35. Transitional Administration

1. The Interim Administration is formed of representatives of the holders of cotton receipts issued to the cotton of the organization of the authorized body, the cotton company, the fund guarantee fulfillment of obligations under cotton receipts to which it is cotton processing organization.

2. Within three working days of publication in the national periodicals in Kazakh and Russian languages, the decision of the authorized body to impose a temporary administration of the cotton organization Commission interim management organizes meetings of holders of cotton receipts for the election of representatives to the interim administration. This preferential right to be elected to the composition of the interim administration have cotton receipts holders, with the greatest amount of cotton stored on the cotton gin plant (cotton collection point) of the cotton processing company.

3. In the case of non-candidates for the interim administration of the cotton receipts holders, and (or) the organization of the cotton Commission interim management has a right to approve the composition of the interim administration, with a member of the Interim Administration of cotton receipts holders is determined by one of the persons having the highest number of cotton storage.

4. In deciding votes of the interim administration is as follows:

1) cotton receipts holders – twenty-five percent;

2) cotton processing organization – twenty-five percent;

3) authorized body – twenty-five percent;

4) guarantee fund obligations under cotton receipts – twenty-five percent.

5. During the period of interim management organization managing the cotton cotton-organization carried out the interim administration.

All the transactions made on behalf and at the expense of cotton processing company after the introduction of temporary administration without the written consent of the interim administration, are considered invalid.

During the period of interim administration suspended the decisions of the founders (shareholders, participants) and other governing bodies of the cotton organization in relation to increasing the liability of the cotton company, use or disposal of property of the cotton organization and other decisions, the execution of which affects or may affect the performance of the cotton company obligations cotton receipts issued.

6. The Interim Administration shall be entitled to:

1) to make their own decisions on all matters of the cotton-processing organizations, including the adoption of relevant acts within the competence determined by this Law;

2) to suspend the period of temporary administration satisfaction of all claims arising from the cotton receipts, up to fifty percent of the amount of cotton referred to therein;

3) enter into contracts and to sign documents aimed at restoring the commitments taken by the cotton companies by the number of cotton;

4) to act on behalf of and in the interests of the cotton organizations, including the court;

5) make claims to the fund to guarantee fulfillment of obligations under cotton receipts on behalf of the holders of cotton receipts of repayment of the obligations arising from cotton receipts issued to the cotton of the organization;

6) engage independent experts to assess the financial and economic activities of the cotton company.

7. The Interim Administration, as a priority obligation:

1) an analysis of the financial condition of the cotton organization in the following areas: capital adequacy, asset analysis, an analysis of income and expenditure;

2) make an inventory of the property of the cotton company and its obligations as well as inventory stored at the cotton gin plant (cotton collection point) of the Organization of the cotton cotton;

3) determine the organization of the cotton payables, including payables to cotton receipts holders;

4) Take steps to collect overdue accounts receivable, including the preparation and presentation of claims in court;

5) determine the management structure and personnel of the cotton company;

6) submit to the authorized body of the card with the names, name and patronymic (if any) persons authorized to sign the cotton receipts, samples of their signatures;

7) submit to the new servicing bank card with samples of signatures of the officials authorized to sign the documents for transactions on banking operations at the bank (in this case presented before the appointment of an interim administration card to be void);

8) to provide a temporary committee on the management of information on the actual state of the cotton organization and make proposals to improve the economic activities of the organization of the cotton.

8. Do not make decisions interim administration for the disposal of assets of the cotton organizations, including the transfer of the property as collateral, property lease.

 

Article 36. Termination of the interim management of the cotton company

1. Interim management of the cotton company terminated:

1) upon the expiration of the temporary administration established decision of the authorized body;

2) If the authority makes a decision on early termination of the interim government;

3) by a court decision entered into legal force.

2. Interim Management terminated early in the following cases:

1) cooldown cotton processing company to fulfill its obligations under cotton receipts issued;

2) meet all announced during the interim management requirements of cotton receipts holders in full provided there are no circumstances that affect the proper execution of the requirements of other holders of cotton receipts.

The basis for the authority makes a decision on early termination of the interim government is the Commission’s proposal for interim management actions on the basis of an act of the interim administration of the grounds for early completion of the interim administration.

3. Termination of the interim management of the cotton company (including early) due to the elimination of the causes that led to its introduction, entails the abolition of all restrictions in respect of the cotton processing company.

4. If the temporary management of the cotton organization has not led to the recovery of the ability to fulfill obligations under cotton receipts, the authorized body in accordance with the legislation of the Republic of Kazakhstan have the right to make proposals to the relevant executive body of the local area of ​​deprivation of the license to perform service activities on warehouse activities with issue of cotton receipts and initiate filing a claim in court on forced liquidation of the cotton company.

 

 

Chapter 8. The liquidation and the order of creditors

the cotton company, liquidated compulsorily

 

Article 37. Grounds for the elimination of the cotton company

The cotton organization may be liquidated by the decision:

1) the owner of its property owner or authorized body, as well as the decision of the legal entity authorized by the constituent documents for any reason (voluntary liquidation), with the authorized body shall be notified;

2) the court (compulsory liquidation).

 

Article 38. Grounds for compulsory liquidation of the cotton company

Forced liquidation of the organization of the cotton produced in court cases:

1) bankruptcy;

2) The invalidation of the registration of the cotton organization in connection with admitted at its creation violations of the law of the Republic of Kazakhstan, which are eliminated;

3) systematic implementation of activities contrary to the statutory goals of the cotton company;

4) implementation of activities without a license to carry out activities to provide services for warehousing activities with the issuance of cotton receipts or activities prohibited by this Act, any activities with repeated or gross violation of the law of the Republic of Kazakhstan, including the failure to provide a declaration on the Corporate Income Tax Act ( of the aggregate annual income and made deductions) or the simplified declaration for one year after the statutory deadline for submission, the absence of the cotton companies by location or the actual address, as well as founders (participants) and officials, without which the cotton processing organization can not function during one year;

5) if the interim management of the cotton organization has not led to the recovery of the ability to fulfill obligations under cotton receipts.

 

Article 39. Peculiarities of bankruptcy estate

In bankruptcy, liquidation of the cotton organization in the property, which is produced by satisfaction of creditors of the cotton organization and the bankruptcy estate of the cotton organization does not include cotton, accepted for storage and (or) the primary processing.

 

Article 40. Priority of claims of creditors of the cotton company, liquidated compulsorily

1. The claims of creditors forced liquidation of the cotton company, including in connection with its bankruptcy as set forth in the prescribed manner shall be satisfied in the following order:

1) Firstly, the claims of citizens to whom the liquidated cotton processing organization is responsible for causing harm to life or health, through capitalization of corresponding time payments;

2) second, the settlements on wages to persons working under an individual employment contract, withholding payment of arrears of wages and maintenance of mandatory pension contributions, as well as royalties under copyright agreements;

3) in the third, the claims of holders of cotton receipts containing information on the pledge; future requirements of a fund to guarantee fulfillment of obligations under cotton receipts of payments made in connection with the repayment of obligations under cotton receipts;

4) in the fourth, the claims of holders of cotton receipts that do not contain information on pledge;

5) in the fifth, the claims of creditors under the obligations secured by a pledge of the liquidated assets of the cotton company, to the amount of security;

6) sixth, the liabilities on taxes and other obligatory payments to the budget;

7) in the seventh stage, settlements with other creditors in accordance with the laws of the Republic of Kazakhstan.

2. Costs associated with the liquidation proceedings, including to ensure the activity of the liquidation commission of the cotton company, as well as costs arising from the need to ensure the basic functions of the liquidated organization of the cotton, made out of turn and continuously.

Tax liabilities arising from the liquidation of the cotton company, executed at least in terms of appearance and manner established by the tax legislation of the Republic of Kazakhstan.

 

 

Chapter 9 Final Provisions

 

Article 41. Responsibility for violation of legislation of the Republic of Kazakhstan on development of the cotton industry

Violation of the requirements of the legislation of the Republic of Kazakhstan on the development of the cotton sector punishable under the laws of the Republic of Kazakhstan.

 

Article 42. The order of enactment of this Act

This Act comes into force after ten calendar days from the date of its official publication.

 

The president

Republic of Kazakhstan

 

N. Nazarbayev

 

 

Astana, Akorda, July 21, 2007

Number 298-III LRK

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