Kazkommertsbank JSC (Kazakhstan) comments on banks' proposed amendments to legislation On Shared Construction
30.05.08 17:26
/KASE, May 30, 08/ - Kazkommertsbank JSC (Almaty), a listing company of
Kazakhstan Stock Exchange (KASE), provided KASE with the press release:
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Kazakhstan Association of Financists initiated the amendments to the legislation
On Shared Participation, which will allow for establishing of the mechanism
controlling purposeful usage of the funds of shareholders and banks at developing
construction projects.
The head of product support department of Kazkommertsbank, Sergey
Mokrousov has commented on the amendments to the legislation proposed by
banks:
Proposed measures are intended to avoid in the future the system problems,
which may downgrade residential construction industry, and disrupt clients' trust
to construction companies. This is why we propose a number of changes to be
made in the legislation On Shared Participation. One of those is a mandatory
establishment of a separate project company with a special banking account for
each construction project. The money of shareholders and bank credits will arrive
exclusively to this account, and will be spent for construction of this object
only.
This will create conditions for control of purposeful usage of the funds of
shareholders and bank credits. On the whole in Kazakhstan the special accounts
mechanism has been introduced within the program of shareholders' support at
the expense of "Kazyny".
We believe, considering the events, which took place last year, the legislation On
Shared Participation in Kazakhstan requires to be further developed. It must be
supplemented with normative rules for better protection of the rights of
shareholders. Without that, it will be hard to restore the trust to construction
shared financing mechanism. The things we offer are based on the international
experience.
Compared with the banks studying projects and estimating risks, before crediting,
an individual can not calculate risks of a developer, and estimate its solvency.
All information which is available to him - is advertisement on TV and newspapers.
Therefore, the legislation reducing shareholders' risks is required.
If we compare, in USA in the 20-ties of the last century population was actively
investing in a fast developing stock market. Most of investors had no special
knowledge in this area and made decisions having very little or no information.
When in 1929 the crisis broke out, it appeared that people understood little of
the risks, associated with such investments. One of the conclusions, made after
these events, was enforcement of the stock market regulation mechanism. With
adoption of the Law on Securities in1933 a normative base for such regulation
being perfected today started to develop. It was set, on one side, to protect
investors by implementing mechanisms, which allowed for people receiving more
data for making decisions. On the other side, investments to weekly regulated
market segments remained possible mainly for professional investors and for the
investors, whose capitals would sustain big losses.
In our case if a construction company goes on the shares participation market, it,
in fact, sells an investment product. This means, there must be certain
requirements to such company - the requirements that must be enforced by laws,
for example the minimum capital to secure financial stability.
Our offers intend to restore the trust to shared participation in residential
construction. Construction needs to be assisted to overcome the current situation
and become stable and strong, reduce probability of shareholders related
problems.
To contact:
Press-service:
+7 (727) 258-53-92
E-mail: pr@kkb.kz
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[2008-05-30]