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THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of April 23, 2020 No. 413

About approval of Rules of payment of the main remuneration to interim and bankrupt managing directors, and also Rules and amount of compensation of other administrative expenses

According to Item 3 of article 110 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" PRIKAZYVAYU:

1. Approve:

1) Rules of payment of the main remuneration to interim and bankrupt managing directors according to appendix 1 to this order;

2) Rules and the amount of compensation of other administrative expenses according to appendix 2 to this order.

2. Declare invalid the order of the Minister of Finance of the Republic of Kazakhstan of February 16, 2015 No. 92 "About approval of Rules of compensation by the creditor on taxes and other obligatory payments in the budget of the administrative expenses connected with initiation of proceedings about bankruptcy and carrying out insolvency proceeding" (it is registered in the Register of state registration of regulatory legal acts at No. 10509, it is published on May 13, 2015 in information system of law of Ad_let).

3. To provide to committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. This order becomes effective after ten calendar days after day of its first official publication.

The first Deputy Premier-Ministra of the Republic of Kazakhstan is the Minister of Finance

A. Smailov

Appendix 1

to the Order of the First Deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of April 23, 2020 No. 413

Rules of payment of the main remuneration to interim and bankrupt managing directors

Chapter 1. General provisions

1. These rules of payment of the main remuneration to interim and bankrupt managing directors (further - Rules) are developed according to Item 3 of article 110 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" (further - the Law) and determine payment procedure of the main remuneration to interim and bankrupt managing directors.

2. The creditor on taxes and customs payments is recognized these rules the creditor, the state body, public institution, and also the state company, the legal entity, fifty and more percent of voting shares (shares in the authorized capital) which belong to the state, the property requirements having to the debtor arising from obligations of the debtor.

3. Payment of the main remuneration to interim and bankrupt managing directors is made by the creditor according to whose statement proceedings on bankruptcy are initiated if during insolvency proceeding the following circumstances are in total established:

1) there is no property at the debtor;

2) there are no transactions at the debtor which were subject to recognition by invalid;

3) there is no property on which according to the legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives collection can be turned, the founder (participant), the official of the debtor concerning whom the judgment about attraction it to subsidiary responsibility took legal effect or has no bases for appeal to the court with the claim for involvement of specified persons to subsidiary responsibility.

Chapter 2. Payment procedure of the main remuneration to interim and bankrupt managing directors

4. In case of observance of requirements, stipulated in Item 3 these rules, during consideration in court of the final report of the bankrupt managing director the creditor shall declare the petition for payment of the main remuneration to interim and bankrupt managing directors (further - the petition) in form according to appendix to these rules.

5. Payment of the main remuneration to interim and bankrupt managing directors is performed by the creditor based on the determination of court which took legal effect about completion of the procedure of the bankruptcy containing specifying about payment of the amounts specified in the petition.

Payment of the main remuneration to the interim manager is performed by the creditor in the amount of 1 (one) minimum size of the salary established by the law on the republican budget for the corresponding financial year, for the period fulfillment of duties for a period of 2 (two) months.

Payment of the main remuneration to the bankrupt managing director is performed by the creditor in the amount of 1 (one) minimum size of the salary established by the law on the republican budget for the corresponding financial year, for the period insolvency proceedings for a period of 3 (three) months.

6. The bankrupt managing director represents to the creditor and if creditor is the creditor on taxes and customs payments - to territorial subdivision of body of state revenues on the area, the city of republican value and the capital, determination of court about completion of the procedure of bankruptcy of the debtor, after entering of data on liquidation of the legal entity into the National register of business and identification numbers by the bodies performing state registration of legal entities and if bankrupt is the individual entrepreneur - after the introduction in legal force of determination of court about bankruptcy completion of the procedure.

7. The creditor creates the list of bankrupts as of December 1 of the current year from among bankrupts on whom determinations of court about completion of the procedure of bankruptcy took legal effect within 11 months of the current year and December of prior year (further - the List).

Bankrupts concerning whom determinations about completion of the procedure of bankruptcy took legal effect in December of the current year are included in the List of the next year.

8. By the number of the bankrupts considered for the period, specified in part one of Item 7 of these rules, the creditor constitutes the budget request for the financial year following after year of forming of the List.

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