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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. 191

About approval of Rules of holding qualification examination

(as amended on 07-06-2018)

According to subitem 23-2) of article 15 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" PRIKAZYVAYU:

1. Approve the enclosed Rules of holding qualification examination.

2. To the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan (Dzhumadildayev A. S.) in the procedure established by the legislation to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and official publication in mass media;

2) publication of this order on official the Internet - resource of the Ministry of Finance of the Republic of Kazakhstan.

3. This order becomes effective after twenty one calendar days after day of its first official publication.

The deputy Premieres - the Minister of the Republic of Kazakhstan -

Minister of Finance of the Republic of Kazakhstan

B. Sultanov

Approved by the Order of the Deputy Premieres - the Minister of the Republic of Kazakhstan Minister of Finance of the Republic of Kazakhstan of April 28, 2014 No. 191

Rules of holding qualification examination

1. General provisions

1. These rules of holding qualification examination (further – Rules) are developed according to subitem 23-2) of article 15 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" (further – the Law) and determine procedure for holding qualification examination.

2. Passing qualification examination is the basis for entering of the notification of the applicant into the register of notifications of persons having the right to perform activities of the temporary administrator, rehabilitation, interim and bankrupt managing directors.

3. Person applying for implementation of activities as the temporary administrator, rehabilitation, interim and bankrupt managing directors (further – the applicant) directs the application for passing qualification examination (further – the statement) with obligatory specifying of language (Kazakh or Russian) passing qualification examination to the commission on holding qualification examination (further – the Commission) one of methods:

1) through office of Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (further – Committee);

2) through non-commercial joint-stock company "The Government for Citizens state corporation (further – the State corporation);

3) by means of the web portal of "the electronic government" www.egov.kz (further – the web portal).

The following documents are enclosed to the application:

in office of Committee or the State corporation:

1) for identification of the personality – the identity document of the citizen of the Republic of Kazakhstan;

2) the copy of the diploma about the higher legal or economic education with provision of the original for reconciliation or notarially attested copy;

3) copies of the documents confirming experience of work at least three years in economic, financial or legal fields of activity with provision of originals for reconciliation or notarially attested copies;

4) the medical certificates issued narcological and psychiatric by dispensaries at the place of residence not earlier than before month before their representation or notarially attested copies;

on the web portal in the presence of the digital signature:

1) the electronic copy of the diploma about the higher legal or economic education;

2) electronic copies of the documents confirming experience of work at least three years in economic, financial or legal fields of activity;

3) electronic copies of the medical certificates issued narcological and psychiatric by dispensaries at the place of residence not earlier than before month before their representation.

3-1. The organization and acceptance of qualification examination is performed by the Commission.

The structure of the Commission affirms the order of the chairman of Committee.

4.  No. 93 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 16.02.2015

5.  No. 93 is excluded according to the Order of the Minister of Finance of the Republic of Kazakhstan of 16.02.2015

6. The commission is the permanent body consisting of the chairman and six members - two administrators, five representatives of Committee.

Administrators are nominated by members of professional associations of persons performing activities for property management and cases of the poor debtor (further - professional associations), for no more, than for year, and are recommended for inclusion in structure of the Commission.

The candidates elected by professional association shall have work experience in the field of rehabilitation and bankruptcy at least five years.

Information about the candidates recommended for inclusion in structure of the Commission annually, no later than January 15, goes to Committee with indication of the following information:

the name of professional association which elected the candidate;

quantitative structure of professional association;

surname, name, middle name (in the presence) the candidate and experience of its work in the field of rehabilitation and bankruptcy.

In case of receipt in Committee more than two candidates elected by professional associations of the Commission the administrators having bigger work experience in the field of rehabilitation and bankruptcy are included. In case of equality of length of service the candidate elected by professional association with large number of members joins.

Representatives of Committee are included the Commissions based on representation of the vice-chairman of Committee supervising questions of rehabilitation and bankruptcy.

Commission session is competent if at it there are at least three of her members.

For the organization of activities of the Commission from number of persons employed of Committee the secretary of the Commission is appointed.

The secretary of the Commission creates the agenda of commission session and draws up protocols of meetings. The secretary is not member of the commission.

The member of the commission cannot participate at meeting and is subject to branch (rejection) if he is close relative of person taking examination.

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