Terms of the evaluation of the members of the Supervisory Board
Order of the Minister of National Economy of the Republic of Kazakhstan of February 20, 2015 number 115. Registered in the Ministry of Justice of the Republic of Kazakhstan on March 18, 2015 number 10499
Rules for the evaluation of the members of the Supervisory Board anddetermination of limit of remuneration to the members of the Supervisory Board
1. General Provisions
1. These Rules are developed in accordance with paragraph 5 of Article 148 of the Law of the Republic of Kazakhstan of March 1, 2011 "On State Property" and determine the procedure for evaluation of the members of the supervisory boards of state enterprises on the right of economic management in the field of education and healthcare and determining the limit of remuneration of members of the Supervisory Board.
Evaluation of members of supervisory boards of state enterprises on the right of economic management is carried out in order to determine the effectiveness of the activities of members of supervisory boards and remuneration.
Evaluation of members of supervisory boards is held annually within thirty calendar days after the approval of the audited financial statements of state enterprises.
2. Procedureof the evaluation of the members of the Supervisory Board
2. Evaluation of a Supervisory Board member is held annually according to the results of its operations for the year in this position by an authorized body of a corresponding industry (local executive body).
In order to assess the activities of the members of the Supervisory Board of the state enterprise on the right of economic management, an authorized body of corresponding industry (local executive body) convenes a commission (hereinafter the Commission) the structure of which is formed and approved by an authorized body of a corresponding industry (local executive body).
3. The Commission is a collegial body.
4. The Commission is required to comprise the deputy head of the authorized body of a corresponding industry (local executive body).
5. The Commission is chaired by a deputy head of an authorized body of a corresponding industry (local executive body) which directs its activities and presides at meetings of the Commission, plans the work and exercises general control over the implementation of decisions of the Commission.
6. Preparation of the agenda of the Commission, necessary documents, materials and design of the minutes of the Commission's meeting is a responsibility of the Commission Secretary, who is not a member of the Commission.
7. The Chairman of the Commission shall take a decision on the determination of the date of the meeting of the Commission, which is signed by all members of the Commission.
8. The meeting of the Commission is held on condition that no less than two thirds of the members of the Commission present, including the Chairman of the Commission.
Meeting is attended by a Supervisory Board member, assessment of which is made by the Commission.
9. The Secretary of the Commission in writing notifies to members of the Supervisory Board of the place and time of the meeting of the Commission.
10. Following the Commission meeting, the minutes signed by the members of the Commission and its Secretary are prepared.
11. In case of disagreement with the decision of the Commission, any member of the Commission presents a dissenting opinion in writing, which shall be attached to the minutes of the Commission meeting.
In the absence of members of the Commission, the minutes of the Commission meeting states the reason for his absence, and a link to a document confirming this fact.
12. Evaluation of the Supervisory Board members is conducted as follows:
1) the Commission's consideration of the annual report of the Supervisory Board member;
2) evaluation of the activity of a member of the Supervisory Board by members of the Commission by the point system;
3) summarizing the evaluation of the Supervisory Board member by the Commission.
13. Annual report of the Supervisory Board members includes the following information:
• participation in the work of the Supervisory Board;
• questions prepared by a member of the Supervisory Board at the meeting of the Supervisory Board of the state enterprise, as well as decisions thereon, contribution to the state enterprise and the decisions taken by the supervisory board member, and the impact of implemented member's proposals on improving the activities of a state enterprise;
• conclusions and proposals on the development of a state enterprise.
14. As a result of hearing the reports and uncertainty in such reports, the Commission members ask a member of the Supervisory Board and the head of the state enterprise their questions.
15. The following points are used for the evaluation of the Supervisory Board member by the Commission: 0.5; 1; 1.5; 2; 3.
16. As a result of collective discussion by members of the Commission, points are put in the sheet of the final evaluation of the members of supervisory board of the state enterprise according to the Annex to these Rules, and the total amount of points are displayed.
17. Sheet of the final evaluation of the members of supervisory board of the state enterprise contains a list of the main indicators of his activity.
18. Sheet of the final evaluation of the Supervisory Board member shall be signed by a Chairman of the Commission, his deputy, the members of the Commission and the Secretary.
19. Results of the evaluation of the Supervisory Board member are based on points:
8 to 10 points - a member of the Supervisory Board is competent in matters of еру public enterprise, professionally carries out his functions in the Supervisory Board in the interest of public enterprise and the authorized body of the corresponding industry (local executive body);
4.5 to 7.5 points - a member of the Supervisory Board is competent in matters of public enterprises, but is not actively involved in making decisions on the public enterprise;
0 to 4 points - a member of the Supervisory Board is negligent to the duties assigned to him.
20. Assessment a the supervisory board member who is a representative of the authorized body of the corresponding industry (local executive body) or a head of a state enterprise is forwarded by the Commission to the authorized body of a corresponding industry (local executive authority) for information purposes.
21. The results of evaluation of the Supervisory Board member is used by the authorized body of a corresponding industry (local executive body) when determining the remuneration of this supervisory board member for the previous period of work and is determined based on the number of points:
4.5 to 10 points - the amount of remuneration is determined by the formula:
S=N*10%, where:
S - the amount of remuneration (in percentage) in proportion to the limit of the payment of remuneration to members of the Supervisory Board, determined by the authorized body of the corresponding industry (local executive body);
N - numberofpoints;
0 to 4 points - on the basis of the Commission's decision, renumeration is not paid followed by further procedure according to the early termination of powers of members of the Supervisory Board under the Rules of competitive selection of the members of the Supervisory Board and early termination of their powers approved by order of the Minister of National Economy of the Republic of Kazakhstan of February 20, 2015 no.113 registered in the Register of state registration of legal acts under number 10503 (hereinafter the Rules of competitive selection).
3. The procedure for determining thelimit of remuneration of the members of the Supervisory Board
22. The authorized body of a corresponding industry (local executive body) after transferring a fixed part of net income to the budget determines the limit of remuneration for members of the supervisory board of state enterprises on the right of economic management which does not exceed five percent of the net income remaining at the disposal of the state enterprise on the right of economic management.
A certain limit of remuneration to the members of the Supervisory Board is distributed in accordance with paragraph 22 of these Rules between the members of the Supervisory Board, elected in accordance with the Rules of competitive selection.
23. Payment of remuneration to the members of the Supervisory Board of the state enterprise on the right of economic management is carried out upon positive result of financial and economic activities of the state enterprise on the right of economic management over the year.
24. No remuneration shall be paid to a head of a state enterprise on the right of economic management as well as members of the Supervisory Board who are public servants.
form
Sheet of evaluation of the Supervisory Board members over 20__ *(year)
surname, first name and patronymic (if any)______
Organization ______
1 / 2 / 3 / 4
1. / Performance of functional responsibilities of the Supervisory Board member / Member of the Supervisory Board fulfilled his duties in full and has made at least one proposal for each meeting of the Supervisory Board within the competence of the Supervisory Board / 2
Member of the Supervisory Board fulfilled his duties in good faith, but made proposals which do not relate to the competence of the Supervisory Board / 1
Member of the Supervisory Board did not fulfill his responsibilities in good faith and did not make any proposals / 0
2. / Participation of the Supervisory Board member in the meetings of the supervisory board of a state enterprise / Member of the Supervisory Board attended all meetings of the Supervisory Board / 1
Member of the Supervisory Board participated in 50% or more of the meetings of the supervisory board, but was not present in all meetings of the Supervisory Board / 0,5
Member of the Supervisory Board did not participate in the meetings of the Supervisory Board / 0
3. / Participation of the Supervisory Board member in the discussion of issues submitted to the supervisory board of a state enterprise / Member of the Supervisory Board proposed new ways of improving the activity of the state enterprise which contributed to the achievement of goals and were adopted by the Supervisory Board of the state enterprise / 3
Member of the Supervisory Board submitted proposals were not fundamentally new solutions to improve the activities of a state enterprise and have not been adopted by the Supervisory Board of the state enterprise / 1,5
Member of the Supervisory Board did not make any innovative proposals which would contribute to the achievement of the goals set / 0
4. / Preparation of additional materials by a member of the Supervisory Board on the issues put forward to the Supervisory Board of the state enterprise / materials prepared by a member of the Supervisory Board were of good quality, presented in its entirety, with the specific justifications to make the right and reasonable decision on the issues discussed / 1
materials prepared by a member of the Supervisory Board have not been sufficiently substantiated for the decision / 0,5
materials were not presented by a member of the Supervisory Board to the supervisory board / 0
5. / Initiatives of the Supervisory Board member which subsequently proved effective for the state enterprise / state enterprise received or will receive certain benefits from the implementation of initiative proposals of the Supervisory Board member / 3
state enterprise has not received or will receive no benefits from the implementation of initiatives proposed by a member of the Supervisory Board / 1,5
Supervisory Board member during the year made no initiative proposals or implementation of the initiatives of the supervisory board member had a negative impact on the activities of state enterprise / 0
Total
Chairman of the Commission ______
(Surname, first name, patronymic (if any), signature, date)
Deputy chairman of the commission ______
(Surname, first name, patronymic (if any), signature, date)
Members of the commission ______
(Surname, first name, patronymic (if any), signature, date)
Commission secretary ______
(Surname, first name, patronymic (if any), signature, date)
Note:
* The evaluation is made on the basis of the minutes of the meeting of the Supervisory Board. Minutes of the meeting shall contain the procedure of the meeting as well as comments and suggestions of members of the Supervisory Board as set out in writing to the meetings of the Supervisory Board regarding the agenda of the meeting of the Supervisory Board.