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

of April 29, 2020 No. 426

About approval of Rules of the choice of the interim manager if applicant is the creditor on taxes and customs payments, state body or the legal entity with participation of the state

According to subitem 1-3) of article 15 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" PRIKAZYVAYU:

1. Approve the enclosed Rules of the choice of the interim manager if applicant is the creditor on taxes and customs payments, state body or the legal entity with participation of the state.

2. 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.

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

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 29, 2020 No. 426

Rules of the choice of the interim manager if applicant is the creditor on taxes and customs payments, state body or the legal entity with participation of the state

Chapter 1. General provisions

1. These rules of the choice of the interim manager if applicant is the creditor on taxes and customs payments, state body or the legal entity with participation of the state (further - Rules), are developed according to subitem 1-3) of article 15 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" (further - the Law) and determine procedure for the choice of the interim manager if applicant is the creditor on taxes and customs payments, state body or the legal entity with participation of the state (further - the creditor).

2. In these rules the following concepts are used:

1) the debtor - the physical person registered as the individual entrepreneur (individual entrepreneur), or the legal entity concerning whom there are bases for application or the procedures provided by the Law are applied;

2) territorial authorities of authorized body - territorial authorities of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan on behalf of departments of state revenues on areas, the cities of republican value and the capital.

Chapter 2. Forming of groups of the administrators who are subject to the choice as the interim manager

3. For the purpose of determination of circle of the administrators who are subject to the choice as the interim manager, the territorial authority of authorized body creates the following groups:

group 1 - the administrators who were earlier not carrying out procedures of rehabilitation and bankruptcy, and also not elected as the interim manager or the temporary administrator of debtors;

group 2 - the administrators who are not occupied with holding procedures of rehabilitation and bankruptcy, and also not being the interim manager or the temporary administrator of debtors;

group 3 - the administrators occupied with holding procedures of rehabilitation and bankruptcy, and also who are the interim manager or the temporary administrator of one and more debtors.

4. The territorial authority of authorized body keeps the list of the administrators who are subject to the choice as the interim manager with indication of groups to which administrators, and also other data in form according to appendix 1 to these rules are carried.

Lists of the administrators who are subject to the choice as the interim manager are placed on Internet resource of territorial authority of authorized body and are updated in process of appointment (election) of administrators as bankrupt, rehabilitation, interim managers, and also temporary administrators of debtors.

Chapter 3. Procedure for the choice of the interim manager

5. The choice of the interim manager is performed by the creditor from among the faces consisting in the register of notifications of persons having the right to perform activities of the administrator, the address the residence of which is in the respective areas, the cities of republican value and the capital in which the debtor is registered.

6. The choice of the interim manager is performed from among the administrators entering into group 1.

In the presence of several administrators in group 1, person having the smallest length of service as the administrator is elected the interim manager.

7. In case of refusal from appointment or absence of administrators in group 1, the choice of the interim manager is performed from among the administrators entering into group 2.

In the presence of several administrators in group to 2 interim managers person which completed the smallest number of procedures of rehabilitation and bankruptcy within calendar year in which the application for recognition of the debtor by the bankrupt is submitted is elected.

If the application for recognition of the debtor by the bankrupt is submitted in the first quarter calendar year, person which completed the smallest number of procedures of rehabilitation and the bankruptcy in year preceding year in which it is submitted statements for recognition of the debtor by the bankrupt is elected the interim manager.

In case of coincidence of number of complete procedures by the interim manager of the debtor person having the smallest length of service as the administrator is elected.

8. In case of refusal from appointment or absence of administrators in group 2, the choice of the interim manager is performed from among the administrators entering into group 3.

In the presence of several administrators in group 3 person having the smallest number of productions is elected.

In case of coincidence of number of productions, the administrator having the smallest length of service as the administrator is elected by the interim manager.

9. In case of the choice of the interim manager the faces which are affiliated in relation to the debtor according to article 9 of the Law are not considered.

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