ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of September 14, 2020 No. 354

About approval of Rules of suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses deprived, and also excluded from members of Republican chamber and form of the order

According to article 123 of the Law of the Republic of Kazakhstan of April 2, 2010 "About enforcement proceeding and the status of legal executives" I ORDER:

1. Approve:

1) Rules of suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses deprived, and also excluded from members of Republican chamber according to appendix 1 to this order;

2) order form of suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive according to appendix 2 to this order.

2. To provide to department on execution of court resolutions of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of September 14, 2020 No. 354

Rules of suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses deprived and also excluded from members of Republican chamber

Chapter 1. General provisions

1. Rules of suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses deprived and also excluded from members of Republican chamber of private legal executives (further - Rules), are developed according to article 123 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives", determine procedure for suspension of account transactions by the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses, and also its exceptions of members of Republican chamber of private legal executives deprived (further - the current account ChSI).

Chapter 2. Procedure for suspension of account transactions according to the current account ChSI

2. Suspension of account transactions according to the current account ChSI is made in cases of suspension or cancellation or deprivation of the license of the private legal executive, and also its exception of members of Republican chamber of private legal executives.

3. Account transactions according to the current account ChSI stop based on the order of authorized body in the field of execution of executive documents or its territorial authorities about suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive (further - the Order about suspension of account transactions) in form according to appendix 2 to the order.

4. Authorized body in the field of execution of executive documents or its territorial authorities send the order about suspension of account transactions to the banks of the second level or the organization performing separate types of banking activities, electronically or on paper no later than three working days from the date of suspension or cancellation or deprivation of the license of the private legal executive, and also its exception of Republican chamber of private legal executives.

5. The order about suspension of account transactions is transferred electronically by means of the state automated information system of enforcement proceeding or on paper.

Chapter 3. Procedure and terms of cancellation of the order about suspension of account transactions according to the current account ChSI

6. Cancellation of the order about suspension of account transactions according to the current account ChSI is made by authorized body in the field of execution of executive documents or its territorial authorities which took out it no later than three working days, based on the order of authorized body in the field of execution of executive documents or its territorial authorities about cancellation of suspension of account transactions in form according to appendix to Rules.

7. Or its territorial authorities send authorized body in the field of execution of executive documents to the banks of the second level or the organization performing separate types of banking activities, the order of authorized body in the field of execution of executive documents or its territorial authorities about cancellation of suspension of account transactions according to the current account ChSI which contains details of the document based on which account transactions are suspended.

8. The order about cancellation of suspension of account transactions is transferred electronically by means of the state automated information system of enforcement proceeding or on paper.

Appendix

to Rules of the Minister of Justice of the Republic of Kazakhstan of September 14, 2020 No. 354

Form

The order about cancellation of suspension of account transactions according to the current account intended for storage of the collected amounts of advantage of claimants, the private legal executive whose licenses it is suspended or stopped or of which licenses deprived, and also excluded from members of Republican chamber of private legal executives

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