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

of March 10, 2023 No. 254

About approval of Rules and terms of carrying out monitoring of financial condition of the debtor

According to the subitem 13) Article 9 and Item 1 of article 48 of the Law of the Republic of Kazakhstan "About recovery of solvency and bankruptcy of citizens of the Republic of Kazakhstan", PRIKAZYVAYU:

1. Approve the enclosed Rules and terms of carrying out monitoring of financial condition of the debtor.

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 of the Republic of Kazakhstan:

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.

Approved by the Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan of March 10, 2023 No. 254

Rules and terms of carrying out monitoring of financial condition of the debtor

Chapter 1. General provisions

1. These rules and terms of carrying out monitoring of financial condition of the debtor (further – Rules) are developed according to the subitem 13) of Article 9 and Item 1 of article 48 of the Law of the Republic of Kazakhstan "About recovery of solvency and bankruptcy of citizens of the Republic of Kazakhstan" (further – the Law) and determine procedure and terms of carrying out monitoring of financial condition of the debtor for the purpose of check of its actions regarding their making in private interests for the purpose of evasion from obligation fulfillment before creditors.

Chapter 2. Procedure and terms of carrying out monitoring of financial condition of the debtor

2. Monitoring of financial condition of the debtor according to article 48 of the Law is performed by divisions of departments of state revenues on areas, the cities of republican value and the capital which function includes implementation of public administration on recovery of solvency and bankruptcy of citizens of the Republic of Kazakhstan (further – division of DGD).

3. Monitoring of financial condition of the debtor is performed by studying and information analysis about property, including being in common joint property for date of filing of application about application of the procedure of extrajudicial or judicial bankruptcy, from the following sources:

1) forms of tax statements (the declaration on the individual income tax (form 240.00), about assets and liabilities of physical person (form 250.00) and of the income and property of physical person (form 270.00), including regarding availability of property and property rights outside the Republic of Kazakhstan);

2) data of banks of the second level;

3) databases of the registering state bodies (within competence);

4) databases of judicial authorities.

4. Monitoring of financial condition of the debtor is carried out within 20 (twenty) calendar days in the following sequence:

1 stage – after 60 (sixty) calendar days from the date of use of extrajudicial bankruptcy and (or) the introduction in legal force of the decision on application of the procedure of judicial bankruptcy;

2 stage – at least in 20 (twenty) calendar days prior to completion of the procedure of extrajudicial bankruptcy and (or) the procedure of judicial bankruptcy.

In case of prolongation of the procedure of judicial bankruptcy monitoring of financial condition of the debtor is carried out taking into account renewal term.

5. The fact of making by the debtor of actions in private interests for the purpose of evasion from obligation fulfillment before creditors, proves to be true:

1) information on availability of the property including registered in foreign states (according to data from forms of tax statements (form 240.00, 250. 00, 270.00));

2) data on availability of money on bank accounts;

3) availability of unexecuted judgments for benefit of the debtor on return of property, including unfinished enforcement proceedings, except for the enforcement proceedings stopped on the bases specified in article 47 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives";

4) information of the registering state body on registration for the debtor of property, including:

the documents of title connected with property and (or) the debtor's assets (the real estate, the parcel of land, transport, share in the authorized capital);

data on availability of certificates, licenses and other documents of allowing nature;

data on movement of property and (or) assets (purchase and sale agreement, donation, pledge, lease);

data on intellectual property (works of art, creative and scientific developments, know-how);

data on securities, shares, bonds.

6. Division of DGD in the terms specified in item 4 of these rules:

1) is performed by data collection and documents, stipulated in Item 3 these rules;

2) is carried out by the analysis of the obtained data and information;

3) is constituted by one of the following documents:

The conclusion about availability of signs of evasion of the debtor from obligation fulfillment before creditors (further – the Conclusion) – in case of establishment of the actions made by the debtor in private interests for the purpose of evasion from obligation fulfillment before creditors in form according to appendix 1 to these rules with observance of regulations of Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan;

The certificate of lack of signs of evasion of the debtor from obligation fulfillment before creditors (further – the Reference) – in case of not establishment of the actions made by the debtor in private interests for the purpose of evasion from obligation fulfillment before creditors in form according to appendix 2 to these rules.

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