FOREIGN INVESTMENT \u00b7 KAZAKHSTAN<\/p>\n
Bond Stone advises foreign investors on state in-kind grants in Kazakhstan \u2014 a government investment incentive under Entrepreneurial Code Article 281 that provides qualifying investors with state-owned land, buildings, machinery, and equipment free of charge, becoming the investor’s property upon fulfilment of contractual investment obligations.<\/p>\n
Primary authority: Entrepreneurial Code of the Republic of Kazakhstan No. 375-V dated 29 October 2015, Article 281; Law ‘On State Property’ No. 413-IV dated 1 March 2011. Authority: adilet.zan.kz Authority: adilet.zan.kz<\/a><\/p>\n What are state in-kind grants?<\/p>\n State in-kind grants are a form of government investment incentive under Article 281 of the Entrepreneurial Code of the Republic of Kazakhstan No. 375-V dated 29 October 2015. The state provides qualifying investors with: land plots; buildings and structures; machinery and equipment \u2014 free of charge as a grant for the purpose of implementing an investment project in Kazakhstan. The granted assets become the property of the investor upon fulfilment of the contractual investment obligations specified in the investment contract.<\/p>\n<\/p><\/div>\n Eligible investors<\/p>\n State in-kind grants are available to investors implementing: ordinary investment projects and investment priority projects under the Entrepreneurial Code in eligible sectors. The investor must be a Kazakhstani legal entity \u2014 a foreign investor must therefore establish a Kazakhstani subsidiary to receive a state in-kind grant. Bond Stone advises on establishing the Kazakhstani investment vehicle to access state in-kind grant eligibility.<\/p>\n<\/p><\/div>\n Grant cap \u2014 30% of total investment<\/p>\n The value of state in-kind grants is limited to 30% of the total investment in fixed assets under the investment contract. The grant is valued at the market value of the transferred assets at the time of transfer. The 30% cap is a hard limit \u2014 investors cannot receive in-kind grants exceeding this proportion of their total investment regardless of the assets available. Bond Stone advises on structuring investment contracts to optimise the use of the in-kind grant within the 30% cap.<\/p>\n<\/p><\/div>\n Conditions for ownership transfer<\/p>\n The granted assets are transferred to the investor provisionally at the commencement of the investment project \u2014 but legal title transfers to the investor only upon completion of the contractual investment obligations. If the investor fails to fulfil its obligations, the state may reclaim the granted assets. Bond Stone advises on the contractual conditions for ownership transfer and on the risk of asset reclamation in the event of investment contract non-compliance.<\/p>\n<\/p><\/div>\n Types of grantable assets<\/p>\n State in-kind grants may comprise: land plots \u2014 transferred under land use rights initially, with ownership transfer upon obligation fulfilment; buildings and structures \u2014 state-owned industrial and commercial property transferred for investment project use; machinery and equipment \u2014 state-owned production equipment transferred to the investor. The availability of specific assets depends on the relevant akimat (local municipality) and the assets in its inventory available for grant. Bond Stone advises on identifying available grant assets and coordinating with the relevant akimat.<\/p>\n<\/p><\/div>\n Application procedure<\/p>\n Applications for state in-kind grants are submitted to the Committee on Investments together with the investment contract application. The investor must: identify the specific assets sought; confirm their availability with the relevant state authority; and demonstrate that the grant value does not exceed 30% of total investment. Bond Stone prepares and submits in-kind grant applications as part of the investment contract process.<\/p>\n<\/p><\/div>\n<\/div>\n Bond Stone has advised foreign investors on investment incentive structuring in Kazakhstan since 2007. Client confidentiality is maintained across all matters.<\/p>\n Land Grant \u2014 Manufacturing Facility<\/p>\n State Grants \u00b7 Kazakhstan \u00b7 Manufacturing<\/p>\n Advising a foreign investor on applying for a state in-kind land grant for a manufacturing facility \u2014 land plot identification, akimat coordination, 30% investment cap compliance, and investment contract conditions for ownership transfer.<\/p>\n<\/p><\/div>\n Equipment Grant \u2014 Industrial Project<\/p>\n State Grants \u00b7 Kazakhstan \u00b7 Industrial<\/p>\n Advising an investor on receiving state-owned production equipment as an in-kind grant \u2014 equipment valuation, grant cap analysis, investment contract conditions, and legal title transfer upon obligation fulfilment.<\/p>\n<\/p><\/div>\n Building Grant \u2014 Processing Facility<\/p>\n State Grants \u00b7 Kazakhstan \u00b7 Manufacturing<\/p>\n Advising on receiving a state-owned building as an in-kind grant for a food processing facility \u2014 building condition assessment, provisional transfer, investment obligation milestones, and title transfer documentation.<\/p>\n<\/p><\/div>\n Grant + IPP \u2014 Combined Incentive<\/p>\n State Grants \u00b7 Kazakhstan \u00b7 Advisory<\/p>\n Advising on combining state in-kind land and building grants with Investment Priority Project tax incentives \u2014 grant cap analysis, investment contract integration, and overall incentive package optimisation.<\/p>\n<\/p><\/div>\n Grant Reclamation Risk \u2014 Compliance<\/p>\n State Grants \u00b7 Kazakhstan \u00b7 Compliance<\/p>\n Advising an investor on managing the risk of in-kind grant reclamation \u2014 investment obligation monitoring, compliance reporting, contract amendment options where investment milestones are at risk, and asset protection strategy.<\/p>\n<\/p><\/div>\n Akimat Coordination \u2014 Asset Availability<\/p>\n State Grants \u00b7 Kazakhstan \u00b7 Regulatory<\/p>\n Coordinating with regional akimats to identify available state assets for in-kind grant \u2014 land plot availability search, building inventory review, and negotiation of asset terms as part of investment contract application.<\/p>\n<\/p><\/div>\n<\/div>\n Why Bond Stone<\/p>\n \u2726 18+ years advising foreign investors on investment incentive structures in Kazakhstan<\/p>\n \u2726 Active investment contract mandates \u2014 IPP, SIP, SEZ, and customs exemption advisory<\/p>\n \u2726 Committee on Investments relationships \u2014 coordinating investment contract applications<\/p>\n \u2726 Ranked Legal 500 EMEA and IFLR1000 \u2014 Almaty and Astana offices<\/p>\n<\/div>\n Primary authority: adilet.zan.kz<\/a><\/p>\n Contact Bond Stone for a confidential discussion about State In-kind Grants in Kazakhstan.<\/p>\n \n\ud83d\udce7 info@bondstonelaw.com<\/a> \nRequest a Confidential Consultation<\/a> FOREIGN INVESTMENT \u00b7 KAZAKHSTAN State In-kind Grants in Kazakhstan Bond Stone advises foreign investors on state in-kind grants in Kazakhstan \u2014 a government investment incentive under Entrepreneurial Code Article 281 that provides qualifying investors with state-owned land, buildings, machinery, and equipment free of charge, becoming the investor’s property upon fulfilment of contractual investment obligations. 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\nLegal Framework<\/h2>\n
\nExperience<\/h2>\n
\nDiscuss your Kazakhstan investment incentives<\/h2>\n
\n\ud83d\udcde +7 (701) 729 76 72<\/a>\n<\/p>\n
\n\u2190 Tax Preferences<\/a>
\nExemption from Customs Duties \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"