of May 11, 2020 No. 469, on May 11, 2020 No. 38
About approval of criteria for evaluation of degree of risks and checking sheets in the field of rehabilitation and bankruptcy
According to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan, and also item 4 of Rules of forming by regulatory state agencies of system of assessment and risk management, approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts at No. 28577) and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts at No. 17371), we ORDER:
Approve:
1) criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy according to appendix 1 to this joint order;
2) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the temporary administrator during consideration in court of case on rehabilitation according to appendix 2 to this joint order;
3) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the rehabilitation managing director (person performing powers of the rehabilitation managing director) during rehabilitation procedure according to appendix 3 to this joint order;
4) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the interim manager during consideration in court of case on bankruptcy and insolvency proceeding according to appendix 4 to this joint order;
5) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the bankrupt managing director during insolvency proceeding according to appendix 5 to this joint order.
2. Declare invalid the joint order of the Minister of Finance of the Republic of Kazakhstan of January 22, 2018 No. 41 and the Minister of national economy of the Republic of Kazakhstan of March 19, 2018 No. 115 "About approval of checking sheets behind compliance with law in the field of rehabilitation and bankruptcy" (it is registered in the Register of state registration of regulatory legal acts at No. 16734, it is published on April 24, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).
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 joint order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this joint order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;
3) within ten working days after state registration of this joint 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 joint order becomes effective after ten calendar days after day of its first official publication.
Minister of national economy of the Republic of Kazakhstan |
__________ R. Dalenov |
The first Deputy Premier-Ministra of the Republic of Kazakhstan is the Minister of Finance |
__________ A. Smailov |
It is approved Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan |
|
Appendix 1
to the joint Order of the First deputy Premier-Ministra of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of May 11, 2020 No. 469, on May 11, 2020 No. 38
1. These criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy (further – Criteria) are developed according to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), Item 2 of article 17 of the Law of the Republic of Kazakhstan "About rehabilitation and bankruptcy" (further – the Law), and also item 4 of Rules of forming by regulatory state agencies of system of assessment and risk management, approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts at No. 28577).
2. These Criteria are developed for reference of subjects of control to risk degrees (high, average and low) for the purpose of their selection for carrying out preventive control with visit of the subject of control.
3. In these Criteria the following concepts are used:
1) the subject of control – the temporary administrator, rehabilitation (person performing powers of the rehabilitation managing director), interim and bankrupt managing directors;
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