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The document ceased to be valid since  July 13, 2014 according to Item 2 of the Order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of April 28, 2014 No. 189

ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 15, 2011 No. 637

About approval of Rules of appointment and discharge of rehabilitation and competitive managing directors, administrator of external observation

(as amended on 13-01-2014)

According to the subitem 24) article 10-2 of the Law of the Republic of Kazakhstan of January 21, 1997 "About bankruptcy", PRIKAZYVAYU:

1. Approve the enclosed Rules of appointment and discharge of rehabilitation and competitive managing directors, the administrator of external observation.

2. To provide to committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (Usenov N. D.) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its subsequent publication in mass media.

3. Recognize invalid:

2) the order of the Minister of Finance of the Republic of Kazakhstan of April 13, 2010 No. 167 "About modification and amendments in the order of the Minister of Finance of the Republic of Kazakhstan of August 12, 2008 No. 396 "About approval of Rules of appointment and discharge of the administrator of external observation, the rehabilitation managing director, and also appointment and discharge, accounting and registration of the receiver" (registered in the Register of state registration of regulatory legal acts for No. 6220, No. 192-194 published in the newspapers "Egemen Kazakstan" of May 19, 2010 (26040) and "The Kazakhstan truth" of May 22, 2010 No. 128 (26189)).

4. This order is subject to official publication and becomes effective since January 30, 2012.

Minister

B. Zhamishev

Approved by the Order of the Minister of Finance of the Republic of Kazakhstan of December 15, 2011 No. 637

Rules of appointment and discharge of rehabilitation and competitive managing directors, administrator of external observation

These rules of appointment and discharge of rehabilitation and competitive managing directors, the administrator of external observation (further - Rules) are developed according to the Law of the Republic of Kazakhstan of January 21, 1997 "About bankruptcy" (further - the Law) and establish procedure for appointment and discharge of rehabilitation and competitive managing directors, the administrator of external observation of the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan by territorial subdivisions on areas, the cities of Astana and Almaty (further - territorial subdivisions of Committee), and extend to procedures of rehabilitation, bankruptcy proceedings and external observation (except for bankruptcies of banks, insurance (reinsurance) organizations and Voluntary accumulation pension funds).

These rules do not extend to cases of appointment of receivers following the results of carrying out public procurements according to the legislation on public procurements.

1. General provisions

1. Rehabilitation and receivers, administrators of external observation are appointed from among persons registered in the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan (further - Committee) for the purpose of implementation of activities of rehabilitation and (or) competitive managing directors and (or) the administrator of external observation. The information about registered persons is created in the Unified register which is placed on Internet resource of Committee: www.salyk.gov.kz (further - Internet resource of Committee).

2. Territorial subdivisions of Committee from among persons registered in the Unified register with respect for the principle of territoriality in the place of implementation of activities specified in the Unified register create and kept separately the register of appointment of rehabilitation managing directors, the register of appointment of receivers, the register of appointment of administrators of external observation (further - the Register), respectively in forms according to appendices 1-3 to these rules.

3. Changes and amendments are entered in the corresponding Registers after each case of registration and removal from registration, and also in case of each case of appointment and discharge, release of rehabilitation and competitive managing directors, the administrator of external observation.

In the day following behind day of registration, data on the registered person are entered in the end of the corresponding Register.

4. Territorial subdivisions of Committee issue the order by which they appoint the worker responsible for completeness, reliability and timeliness of the data entered in the Register, and also for its safety and maintaining archive of the Register according to the Standard rules of documentation and management of documentation in the state and non-state organizations approved by the order of the Government of the Republic of Kazakhstan of December 21, 2011 No. 1570 (further - Rules of documentation).

5. Appointment of the receiver, administrator of external observation is performed according to priority of registration of court resolutions in the registration accounting form in territorial subdivision of Committee according to Rules of documentation.

2. Procedure for appointment of rehabilitation and competitive managing directors, administrator of external observation

6. Appointment as the receiver, the administrator of external observation is performed by territorial subdivision of Committee according to the procedure of priority according to the corresponding Register.

The territorial subdivision of Committee appoints the rehabilitation managing director the candidacy presented by creditor meeting.

7. In day of appointment as the receiver of the administrator of external observation of the information about him are transferred to the end of the Register.

8. In case of impossibility of purpose of person registered for the purpose of implementation of activities of rehabilitation and competitive managing directors, the administrator of external observation on the bases, stipulated in Item by the 11th article 9 of the Law, its appointment of Committee as territorial subdivision is not made, corresponding changes are not made to the Register.

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