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1 Instructions for filling 1. Purpose. The information required by the 1-PB form, Report on Financial Claims on Requirements to Nonresidents and ObligationsLiabilities toward them, is intended for formation of payment balance of payments, international investment position, evaluation of foreign debt estimate of republic and their analysis. 2. Structure of form. This form consists of the following sections: – Section 1. Requirements to Claims on nonresidents, – Section 2. Obligations Liabilities to before nonresidents, – Section 3. Requirements to Claims on nonresidents represented by - foreign enterprises with foreign direct investments and obligations liabilities toward them in different as per countries, – Section 4. Requirements to Claims on foreign direct investors and obligations liabilities toward them in different as per countries, – Section 5. Requirements to Claims on other nonresidents and obligations liabilities toward them in different as per countries, In sections 1 and 2 of the form the volumes of financial requirements claims and obligations liabilities as of beginning and end of financial quarter (positions), transactions conducted during the financial quarter, other modifications changes connected with financial requirements claims and obligations liabilities as a result of exchange rate change, current market prices of respective financial instruments and other corrections adjustments as well as the state of incomes for reception and expenses for payment in financial quarter must be reflected. In other sections the information on operational changes during the financial quarter and volumes (position) as of beginning and end of quarter as well as calculated charged income/expenses under all financial requirements claims and obligations liabilities concerning different categories of nonresidents divided in per partner countries-partners is reflected. 3. The following definitions of residents and nonresidents are used only with a view to fill in this report form. Residents of Kazakhstan: а) legal entities located on the territory of Republic of Kazakhstan with the exclusion of international organizations, foreign embassies, consulates and other diplomatic and official representative offices; b) embassies, consulates and other diplomatic and official representative offices of Kazakhstan located outside the Republic of Kazakhstan; c) branches and representative offices of legal entities specified in subclauses 3а), 3e) located on the territory of Republic of Kazakhstan, d) individuals living in Republic of Kazakhstan for more than one year, regardless of the citizenship, and people citizens of Kazakhstan residing outside its territory for less than one year. The citizens of Kazakhstan residing abroad for the purpose of public service, education and medical treatment are the residents regardless of the periods of their stay on territory of other countries. Nonresidents of Kazakhstan: e) legal entities located on the territory of other countries with the exclusion of embassies, consulates and other diplomatic and official representative offices of Republic of Kazakhstan; f) international organizations, foreign embassies, consulates and other foreign diplomatic and official representative offices located on the territory of Republic of Kazakhstan; g) branches and representative offices of legal entities specified in subclauses 3а), 3e) located on the territory of other countries; h) individuals living abroad for more than one year, regardless of the citizenship, and foreign citizens residing on the territory of Kazakhstan for less than one year. The citizens of foreign countries residing in Kazakhstan for the purpose of public service, education and medical treatment are the nonresidents regardless of the periods of their stay on territory of republic. 4. Foreign enterprises with direct investments, foreign direct investors and other nonresidents. 2 With a view to fill this form of report all partners-nonresidents of your enterprise should be divided by you into the following 3 categories: 1) Foreign enterprises with direct investments – located on the territory of other countries: а) your subsidiaries branches (representative offices), branch establishments subsidiaries and associated enterprises, б) subsidiaries branches (representative offices), branch establishments subsidiaries of Your branch establishments subsidiaries and associated companies. 2) Foreign direct investors – nonresidents with respect to which Your enterprise is: а) subsidiary branch (representative office), branch establishment subsidiary or associated enterprise, б) subsidiary branch (representative office), branch establishment subsidiary of their branch establishments subsidiaries and associated companies. 3) Other nonresidents – nonresidents being neither enterprise with direct investments nor direct investors. Enterprise with foreign direct investments: enterprise where the foreign direct investor is an individual or legal entity, government, international financial organization, company etc., which possesses not less than 10% of common shares or their equivalent (contributions and shares for non-stock companies). Subsidiary Branch: separate subdivision of legal entity, not being an independent legal entity, being in its complete possession and accomplishing all or part of functions of this legal entity. Branch establishment Subsidiary: independent legal entity where more than 50% of authorized chartered capital (directly or indirectly) belong to other legal entity or individual. Associated (dependent) enterprise: independent legal entity where 10 to 50 % of authorized chartered capital (directly or indirectly) belong to other legal entity or individual. Government Representative office: separate subdivision of legal entity, not being an independent legal entity, being in its complete possession and exercising protection and representation of interests of this legal entity, conducting transactions and other legal actions on its behalf. 5. Legal entities being residents of Kazakhstan that have subsidiaries branches and representative offices abroad show the transactions with their foreign subsidiaries and representative offices in the part 1 of sections 1, 2 and in section 3. The other parts/sections of form are filled in without taking foreign subsidiaries and representative offices into consideration. Subsidiaries Branches and representative offices of foreign companies exercising their activities in Kazakhstan should fill in this form as independent subjects. 6. Financial instruments specified in the form. Investments in capital include 1) common shares of your enterprise purchased by nonresidents and shares issued by nonresidents being in your possession; 2) preference shares of Your enterprise with right of vote purchased by nonresidents and preference shares issued by nonresidents being in your possession. Preference shares without right of vote should be referred to debt securities; 3) contributions and shares paid in your enterprise by nonresidents, contributions and shares paid in a foreign company by Your enterprise; 4) additional capital of your enterprise paid up by nonresidents and additional capital of foreign company paid up by your enterprise; 5) financing of branches subsidiaries and representative offices located in different other country by parent enterprise. Other capital includes financial requirements claims and obligations liabilities of your enterprise regarding nonresidents related with direct investment, under debt securities, trade credits, loans, financial leasing and other instruments excluding financial derivativesed ones. All financial transactions with parent company of subsidiaries branches and representative offices of company that exercise their activities in the country different from the country of parent company should be shown in accordance with investments in capital excluding the cases when the condition of repayment of granted financial means is explicitly stipulated and/or calculation accrual interest of remuneration for the granted financial means is provided for. 3 Debt securities include obligations liabilities giving the possessor unconditional or beforehand stipulated right to get some income in determined period or stipulated fixed sum the volume of which does not depend on debtor’s income level. These obligations liabilities are negotiated (may be negotiated) in the organized or other financial markets. Bonds, notes and treasury securities are the typical instruments referred to this category. This group also includes preference shares without right of vote and negotiable deposit certificates and bills of exchange. Trade (commercial) credits include 1) goods and services rendered by the producers, suppliers and contractors in accordance with credit agreements, 2) arrears of payments to suppliers, contractors (under obligations liabilities) or to buyers and customers (on requirements claims) on the basis of contracts for supply of goods, works execution and services rendering, 3) advances (advance payment) received (under obligations liabilities) and given (on requirements claims) under supply of goods, work execution and services rendering. Negotiable commercial bills (i.e. the bills which can be negotiated by the owner before their maturity date) which should be reflected in debt securities must be excluded from this category. Loans include 1) credits given in money (including financing of export-import transactions with goods and services by the persons not being supplier and contractor), 2) financial leasing: long-term rent of main means capital assets with subsequent transfer of property right to the tenant, 3) hypothecary mortgage credits. Deposits include savings deposit accounts, account current (payment) and other demand accounts. The information on deposits of your enterprise in foreign banks (banks-nonresidents),\ as well as on shares (deposit certificate) in loan-saving associations, credit unions and construction companies should be shown in this form. Other requirementsclaims /obligationsliabilities include other financial requirementsclaims and obligationsliabilities: all types of outstanding indebtedness ondebit receivables and credit indebtednesspayables, bad debts (debit subject indebtedness on receivables of subject which is not paid off in specified period in accordance with agreement on terms of payment), means funds of individuals in life insurance funds, etc. Financial derivedatives include optionals and forward contracts attached to the base assets or index (for example commodity, currency future, option for the securities purchase/sale, option for financial assets etc.) which are shown in part 4, even if both parties are related with direct investment. When you show the operations with derived contracts it is important that they are shown separately from the base assets. Among above financial instruments the loans guaranteed by the Government of Republic of Kazakhstan are marked out separately in this form. They include loans of legal entities-residents with state guarantee of Republic of Kazakhstan. The state loans (where the Government of Republic of Kazakhstan is the borrower) are not shown in this form. Classification of financial instruments into short-term (till 1 year inclusive) and long-term (more than 1 year) is made in accordance with initial term, excluding revolving renewed credits that are classified as short-term ones. 7. Positions, operational and other modificationschanges, income. Position as of beginning of period (columns 1 and 7 in sections 1 and 2) reflects the state (volume, amount) of financial requirementsclaims and obligationsliabilities of your enterprise as well as incomes for reception and expenses for payment as of beginning of financial quarter in accordance with financial report. In each type of financial instrument this number should correspond to the position as of the end of previous quarter. Position as of end of period (columns 6 and 10 in sections 1 and 2) reflects the state (volume, amount) of requirementsclaims and obligationsliabilities of your enterprise as well as incomes for reception and expenses for payment as of end of financial quarter. Position of investments in capital of subsidiariesbranches and representative offices located in the country different from the country of parent company should correspond to net assets of subsidiaries branch and representative offices (aggregate assets minus liabilities). Cchange of cost value (volume) of financial requirementsclaims and obligationsliabilities (change of position) for the financial reporting period may take place as a result of transactions (columns 2 and 3 in sections 1 and 2) with respective financial instruments (purchase, sale, pay offrepayment etc.) and revaluation of their costvalue due to the fluctuation of market prices, exchange rates, denomination with respect to US dollar (column 4 in sections 1 and 2) and other correctionsadjustments (column 5 in sections 1 and 2). 4 All sums of shares and other securities must be shown at market price. You may use one of the following methods to estimate the positions of shares and other securities: 1) average market price (between the sale price and purchase price at stock exchange) as of corresponding date, 2) cost of recently conducted transaction. In case of any difficulty with estimation of positions at market price the data should be shown in accordance with balance price at the corresponding date of financial period. Transactions are shown at the actual price of transaction. The following transactions with nonresidents are shown as increase of position of requirementsclaims/obligationsliabilities (column 2 in sections 1 and 2): 1) in case of investments in capital: dues (shares, (contributions) in form of money, goods and nonmaterial assets (patents, licenses etc), purchase of voting shares (including the state share holdings), exchange of indebtedness on credits and loans to shares or equivalent providing the share in authorizedchartered capital (reorganization), entrance of dividends in authorizedchartered capital, purchase of property complex, including in the framework of state property privatization etc. Reinvestment of income is not shown as increase of investments in capital. For subsidiariesbranches and representative offices located in the country different from the country of parent company the cost of equipment and other goods and services received by the subsidiarybranch from the parent company (paid by the parent company), money transfer by the parent company to the accounts of subsidiarybranch, pay offrepayment of the obligationliabilities of subsidiarybranch before the third parties by the parent company are shown.; 2) in case of debt securities: purchase inon primary and secondary markets, exchange of shares or equivalent, providing the share in authorizedchartered capital, to the bonds or other promissory debt securities (reorganization); 3) in case of trade credits and loans: granting (reception) of material (commodity) and financial values and services in installments (on credit), prolongation of credit or loan from short-term to long-term (reorganization), capitalization of remunerationinterest (referral of remunerationinterest to the principal sum of debt which is not reorganization); 4) in case of other instruments: increase of outstanding indebtedness (debt which was subject to payment during the financialreporting period but was not paid offrepaid),accrued imposed but not paid fine and penalty, contributions to the life insurance funds, etc.; 5) in case of financial derivativesed: payment of bonuses on options, realized profit from forward (future) contracts etc.; Income/expenses on claimsrequirements/obligationsliabilities charged but not subject to payment in the financialreporting period are not shown as increase of financial instrument. The sum of income/expenses charged in financialreporting period in accordance with corresponding financial assets (obligationliabilities) is shown as increase of position of income/expenses (column 8 in sections 1 and 2): 1) investments in capital: charged dividends (distributed profit); non-distributed net profit or loss (reinvested incomeearnings). For the subsidiariesbranches and representative offices located in the country different from the country of parent company, the net profit that is subject to taxation in the country of subsidiarybranch location (net profit from the activity via permanent establishment) is shown; 2) other financial instruments: accrued interest remuneration charged in financial period. The following transactions with nonresidents are shown as decrease of position of requirementsclaims/obligationsliabilities (column 3 in sections 1 and 2): 1) in case of investments in capital: sale of share in the authorizedchartered capital by the holders (including voting shares) including the redemption of share by the enterprise – issuer itself, exchange of stocks or shares in the authorizedchartered capital to the debt (reorganization). For subsidiariesbranches and representative offices located in the country different from the country of parent company the meansfunds received by the parent company (directly or indirectly) from subsidiarybranch (from its activity): return of received equipment and other goods, services rendered by the subsidiarybranch, money transfer from the account of subsidiarybranch to the account of parent company, receipt of income by the parent company from the 5 goods and services realized by the subsidiarybranch are shown. The profit of parent company received from the realization of goods and services by the subsidiarybranch are shown with the deduction of net profit subject to taxation in the country of subsidiarybranch location (net profit from the activity via permanent establishment); 2) in case of debt securities: sale on the secondary market and pay off repayment by the issuer, exchange to the stocks or share in the authorizedchartered capital (reorganization); 3) in case of trade credits and loans: charged repayments under principal amount of debt, prolongation of trade (commercial) credit or loan from short-term to long- term (reorganization); 4) in case of other instruments: repayment of previously overdue indebtedness, payment of charged but not paid fines and penalties in previous periods, receipt of reimbursement under the life insurance policies etc.; 5) in case of financial derivativesed: execution of conditions of optional or forward (future) contract (i.e. actual supply of base assets at price of execution or settlement by cash on the basis of difference between the price of base assets existing at present moment on the market and price of execution); Payment of income for reception/expenses for payment and repayment of declared dividends in the financialreporting period is shown as decrease of position of requirementsclaims/obligations liabilities (column 9 in sections 1 and 2). Reorganization (columns 2a and 3a in the sections 1 and 2) of assets/obligationsliabilities is determined as bilateral (with participation of creditor and debtor) agreements that modify previously stipulated conditions of agreement. Reorganization includes re-registration modifying the type of financial instrument (for example prolongation of trade credit, prescheduled repayment of loan, exchange of loan to long-term securities, exchange of loan to shares), as well as creditor’s forgiveness of debt to the borrower. Re-estimationvaluation of value at the expensedue to of exchange rate fluctuation or market prices fluctuation (column 4 in sections 1 and 2) is shown on the basis of net. This information is not shown separately in sections 3, 4, 5. Other corrections adjustments of cost (column 5 in sections 1 and 2) are shown on the basis of net. They include reclassification of financial instruments or change of position of separate indices at the expense of partners transition from one category to another (in consequence of increase or decrease of their share in the chartered authorized capital), at the expense of due to change of individual residence (in consequence of residence in the country for more than 1 year and/or residence permit reception), writing off unilaterally the debt forby the creditors, correction of previously made mistakes when filling in the form. Information on other corrections of position is not shown separately in sections 3, 4, 5. Income (expenses) on financial requirementsclaims (for reception) and obligationsliabilities (for payment) includes reinvested income and dividends (distributed profit) on investments in capital, remuneration under debt securities, trade credits, loans, excluding profit received as a result of exchange rate change and price of financial instrument shown in the corresponding columns of exchange rate and price fluctuations. Reinvested income represents the share of direct investor in undistributed profit (losses) of enterprise with direct investments (operational profit minus taxes for payment and paid dividends) and shown in the period when it was charged. Dividends on preference shares without right of vote should be shown as profit on debt securities. Remuneration under debt financial instruments is shown as of date of impositionaccrual. It does not include the penalty for outstanding payments, which are transfers. All types of profit are shown on thegross basis of gross, i.e. without deduction of taxes. 7. Special cases. 7.1. SubsidiariesBranches and representative offices not exercising any business activity 6 Transactions of subsidiaries branches and representative offices which do not have the right to exercise any business activity in the country of their location (different from the country of parent company) are limited byto spending of funds given by the parent company (such units do not produce goods and services excluding representative services rendered byto the parent company). In such events: Deposits (accounts) of such subsidiariesbranches and representative offices are shown as deposits (accounts) of parent company in foreign banks; Expenses for maintenance (rent of premises, payment of salary to the employees etc.) paid by the subsidiariesbranches and representative offices to the residents of country of their location are shown under investments in the capital in column 5 «other correctionsadjustments» with sign «minus». 7.2. Purchase of immovable When legal rights of property for immovable in Kazakhstan are acquired by nonresidents, there is a conditional residence unit for 100% belonging to nonresident possessing by this immovable is established, i.e. conditional enterprise with direct investments. When the resident purchases immovable abroad there is conditional enterprise ofwith direct investment. Transactions with immovable are shown in the investments in capital. Investments in capital of conditional enterprise-resident are shown by resident who sold the rights of property for immovable in Kazakhstan. Investments in capital of conditional enterprise-nonresident are shown by resident who bought the rights of property for immovable in other country. Investments in capital of conditional enterprise are determined as: Increase: purchase of immovable; Decrease: sale of immovable; Profit: gross sum of income with deduction of expenses suffered on the territory of other country. For example, in case of land purchase it is the net rent for land. 8. Unit of registration. All sums in report should be shown in thousand of US dollar, in whole numbers. The sums expressed in other foreign currencies and tenge should be converted to US dollars in accordance with rate established for accounting. Financial transactions and income denominated in currencies other than US dollars should be converted to US dollars in accordance with rate as of date of transaction. Positions as of beginning and end of quarter denominated in other currencies should be converted to US dollars in accordance with rate at the corresponding date. The sums denominated in other foreign currencies may be first converted to tenge and then to US dollars at the corresponding rates. 9. Transactions with banks-nonresidents. All financial transactions and positions with banks (excluding transactions with authorizedchartered capital and debt without time limit) should be shown as claims on requirements to other nonresidents and obligationsliabilities before to other nonresidents. 10. Classifications of countries. The data on transactions and positions of financial claims and liabilities as of end of financial period, financial requirements and obligations with respect to Your foreign enterprises with direct investments, foreign direct investors and other nonresidents are specified in accordance with countries of their location in sections 3, 4, 5 correspondentlyaccordingly. Transactions with international financial organizations should be shown in the column named “International organizations”. International financial organizations include for example International Bank of Reconstruction and Development, Bank of International Settlements, International Financial Corporation, Asian Bank of Development, European Bank of Reconstruction and Development, Islamic Bank of Development. Section 3. In columns «headlines» you should indicate the names of countries where there are Your enterprises with direct investments in the order of diminution of their shares in the generaltotal volumes of Your investments in the authorizedchartered capital of nonresidents as of end of period. Section 4. In columns «headlines» you should indicate the names of countries where your direct investors are located in the order of diminution of their shares in your authorizedchartered capital as of end of period. 7 Section 5 (parts А, B). In columns «headlines» you should indicate the names of countries in the order of diminution of their shares in your total claims and liabilities obligations and requirements correspondinglyaccordingly as of end of period. It is permitted to join several countries and indicate the name «Other countries» in the columns «headlines» of sections 3, 4, 5 only if the volumes of transactions and stocks in every separate country do not exceed 1 thousand US dollar. 11. Interconnection between indices. Sections 1and 2. Position at the end of period = position at the beginning of period + modificationchanges of positions for the financial period: Column 6 = column 1 + column 2 – column 3 + column 4 + column 5 Column 10 = column 7 + column 8 – column 9 The sums in the column 1 of sections 3, 4, 5 on positions as of beginning and end of financial period, on increase and decrease as a result of conducted transactions, on charged profits should correspond to the sums shown correspondently accordingly in columns 1, 7, 2, 3, 8 of sections 1, 2. For example the sums on requirementsclaims to on direct investors of part 2 of section 1 should correspond to the sum total of part А of section 4. 12. Comments. In comments you should give the information on contributions to the authorizedchartered capital in form of nonmaterial assets, overdue paymentsarrears, transactions with financial derivedatives, reorganization of requirements/obligationsclaims/liabilities in case of their presence. It is obligatory to make comment on accepted method of evaluation of cost of securities that are not negotiable on the market of republic as well as positions on investments in capital of non-stock companies. Practically all types of other corrections of positions for the financial reporting quarter are of analytic interest and require comments. 13. Difficulties with filling in form. If you have problems with filling in report, contact with organization where you submit this form.
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