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THE JOINT ORDER OF THE FIRST DEPUTY PRIME MINISTER 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

About approval of criteria for evaluation of degree of risks and checking sheets in the field of rehabilitation and bankruptcy

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, and also Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts at No. 17371), we ORDER:

1. 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 of activities of the temporary administrator during consideration in court of case on rehabilitation according to appendix 2 to this joint order;

3) checking leaf of activities of the rehabilitation managing director during rehabilitation procedure according to appendix 3 to this joint order;

4) checking leaf of activities of 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 of activities of 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 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

Criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy

Chapter 1. General provisions

1. These criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy (further - Criteria) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 25, 2015, the Law of the Republic of Kazakhstan "About rehabilitation and bankruptcy" of March 7, 2014 (further - the Law), and also Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts for No. 17371).

2. These Criteria are developed for reference of the checked subjects to risk degrees for the purpose of selection of the acting rehabilitation and bankrupt managing directors, 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 rehabilitation and bankrupt managing directors performing the rehabilitation procedure and insolvency proceeding;

2) insignificant violations - violations of the requirements established by the legislation of the Republic of Kazakhstan on submission by the subject of control of information to authorized body and creditors and also to taking measures to completion of the rehabilitation procedure and insolvency proceeding which assumption is not attracted by violations of legitimate interests and the rights of physical persons and legal entities, the states;

3) the debtor - the physical person registered as the individual entrepreneur or the legal entity concerning whom the rehabilitation procedure or insolvency proceeding is carried out;

4) considerable violations - violations of the requirements established by the legislation of the Republic of Kazakhstan on not goal achievement of the rehabilitation procedure and insolvency proceeding which assumption is attracted by violations of legitimate interests and the rights of physical persons and legal entities, the states;

5) subsoil users - the physical persons or legal entities having rights of carrying out transactions on subsurface use including oil operations, and (or) to water use in the territory of the Republic of Kazakhstan;

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