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

of March 2, 2023 No. 231

About approval of Rules of running an electronic auction selling property of the debtor and determination of his organizer

According to Item 5 of article 39 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 of running an electronic auction selling property of the debtor.

2. Determine Information and Accounting Center joint-stock company the organizer of electronic auction selling property of the debtor.

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 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.

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

The deputy prime minister is the Minister of Finance of the Republic of Kazakhstan

E.Zhamaubayev

Approved by the Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan of March 2, 2023 No. 231

Rules of running an electronic auction selling property of the debtor

Chapter 1. General provisions

1. These rules of running an electronic auction selling property of the debtor (further – Rules) are developed according to Item 5 of Article 39 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 for holding electronic auction by the organizer selling property of the debtor (further – the Organizer).

2. In these rules the following basic concepts are used:

1) current price – the price for lot developing during the electronic auction;

2) the starting price – lot price on each object which is established by results of determination of estimated value of object;

3) the winner – the participant of electronic auction who offered top price for lot of electronic auction and the signatory protocol on results of the biddings;

4) the financial manager – person performing activities in procedures of recovery of solvency and judicial bankruptcy;

5) the participant – the physical person or legal entity registered in the web portal of the register of state-owned property in the procedure established by these rules for participation in electronic auction;

6) the guarantee fee – the sum of money granted by physical person or legal entity for participation in electronic auction;

7) lot – the property of the debtor consisting of one or several identical and (or) homogeneous objects or complex of objects which separation will entail change of its economic appointment (functions);

8) the web portal of the register of state-owned property (further – the web portal of the register) – the Internet resource placed on the Internet on the e-mail address www.e-qazyna.kz, providing single point of access to the electronic database on sale of property of debtors (further – the database);

9) selling price – the final price of lot established as a result of electronic auction;

10) the seller – the financial manager in the procedure of judicial bankruptcy;

11) the buyer – the winner of electronic auction who signed the purchase and sale agreement;

12) authorized body – the state body performing management in the field of public administration on recovery of solvency and bankruptcy of citizens of the Republic of Kazakhstan;

13) electronic auction – the form of the biddings of electronic auction which is carried out with use of the web portal of the register in electronic format;

14) the electronic salesroom (further – the salesroom) – the Section of the web portal of the register providing possibility of input, storage and the information processing necessary for running an electronic auction

Chapter 2. Procedure for running an electronic auction

3. Running an electronic auction selling property of the debtor is performed by the financial manager according to the sales plan of the estate of the debtor (further – the Sales plan) constituted based on inventory count and assessment of the estate of the debtor according to article 39 of the Law.

4. When scheduling sale the starting price of objects of sale taking into account part three of Item 2 of article 39 of the Law is established by the seller at the level of not lower than 75 (seventy five) percent from estimated value of property.

5. After final scheduling of sale the seller no later than 2 (two) working days provides entering into the database on the web portal of the register of the following information on each lot:

1) surname, name, middle name (if it is specified in the identity document) the seller;

2) individual identification number (further – IIN) the seller;

3) phone and address of the seller;

4) surname, name, middle name (if it is specified in the identity document) the debtor;

5) debtor's IIN;

6) data on object of sale (name of property, cadastral number of real estate, location, short characteristic, year of release/construction, technical condition and other data on object of sale);

7) bank details of the seller.

In addition to the entered information the seller provides inclusion in the database of the scanned copies of the following documents:

1) valuation report of object of sale;

2) at least 10 (ten) photos allowing to estimate comprehensively and visually technical characteristics, appearance, the object of sale offered for electronic auction;

3) Sales plan;

4) documents of title of objects of sale based on which arise change and stop the rights to property.

6. The organizer within 1 (one) working day from the moment of entering by the seller into the database of the data specified in Item 5 of these rules performs error checking and compliance to the requirements established by these rules.

7. The seller at least in 15 (fifteen) calendar days prior to running an electronic auction publishes the information message approved with the Organizer about running an electronic auction on the web portal of the register by entering into the database on each lot of the following data:

1) date and time of electronic auction;

2) surname, name, middle name (if it is specified in the identity document), IIN and contact information of the seller;

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