of April 28, 2020 No. 424
About approval of Rules of modification and amendments in the created register of requirements of creditors
1. Approve Rules of modification and amendments in the created register of requirements of creditors according to appendix to this order.
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.
The first Deputy Premier-Ministra of the Republic of Kazakhstan is the Minister of Finance
to the Order of the First Deputy Premieres - the Minister of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of April 28, 2020 года№424
1. These rules of modification and amendments in the created register of requirements of creditors (further - Rules) are developed according to Item 7 of Article 72 and item 4 of article 90 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" (further - the Law) and determine procedure for modification and amendments in the created register of requirements of creditors (further - the register).
2. According to the subitem 1) of Item 2 of Article 71 and the subitem 11) of Item 2 of article 89 of the Law maintaining the register is performed by the rehabilitation managing director when holding rehabilitation procedure, and also the interim manager before appointment of the bankrupt managing director and to the bankrupt managing director when carrying out insolvency proceeding.
3. Temporary, rehabilitation or bankrupt modification and amendments in the created register is performed by managing directors in the following cases:
2) obtaining from creditors of the statement for reduction of the amount of requirements;
3) in the presence of requirements of creditors which amount exceeds the size of the sum realized from realization of subject of pledge or transfer of pledged property to the mortgage creditor;
4) losses, damages of subject of pledge, the pledge termination according to the procedure, provided by the Civil code of the Republic of Kazakhstan of December 27, 1994;
5) receipts of the statement for replacement of the creditor, in case of transition of the rights of requirements of the creditor to the third party (concession of right to claim, inheritance);
6) obtaining by the bankrupt managing director during insolvency proceeding of the credit;
7) exceptions of requirements of creditors by results of identification by the administrator of the facts of unreasonable inclusion of such requirements;
8) decision of court or requirement of authorized body about inclusion or exception and modification by the administrator of the register;
9) reorganization or liquidations of the legal entity, removal from accounting of the individual entrepreneur or death of the physical person.
4. Supporting documents availability of the circumstances specified in Item 3 of these rules are considered temporary, rehabilitation or bankrupt by managing directors within 10 (ten) working days from the date of their receipt.
5. In cases of complete or partial repayment of requirements of the creditors included in the register, changes and amendments are not entered in the created register.
6. (About recognition or non-recognition of the requirement in full or in part with indication of the non-recognition reasons) interim, rehabilitation or bankrupt managing directors in writing notify each creditor in the day following behind day of decision making on results of consideration of requirements of creditors.
7. In case of modification and amendments of the register, documents are signed temporary, rehabilitation or bankrupt by managing directors, are drawn up and filed in the created case according to the procedure, the certain Rules "About Approval of Forms of the Register of Requirements of Creditors, Rules and Terms of Its Forming by the Temporary Administrator and Interim Manager" approved by the order of the First deputy Premier-Ministra of the Republic Kazakhstan Minister of Finance of the Republic of Kazakhstan.
8. Rehabilitation or bankrupt managing directors send the changed or added register, to authorized body no later than 3 (three) working days from the date of forming of the register for placement on Internet resource of authorized body in time.
9. The register is considered changed or added from the date of placement of the changed or added register on Internet resource.
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