of July 2, 2014 No. 759
About approval of the minimum sizes and Rules of payment of the main remuneration to administrators
According to Item 1 of article 13 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" the Government of the Republic of Kazakhstan DECIDES:
1. Approve enclosed:
1) minimum amount of the main remuneration to administrators;
2) Rules of payment of the main remuneration to administrators.
2. This resolution becomes effective after ten calendar days after day of its first official publication.
Prime Minister of the Republic of Kazakhstan
K. Masimov
Approved by the Order of the Government of the Republic of Kazakhstan of July 2, 2014 No. 759
|
№ of payment order |
Conditions |
Minimum amount of the main remuneration |
|
1. |
Temporary administrator | |
|
1) |
Debtor small business entity |
15 MRP |
|
2) |
Debtor subject of medium business |
20 MRP |
|
3) |
Debtor subject of big business |
25 MRP |
|
2. |
Rehabilitation managing director | |
|
1) |
Debtor small business entity |
25 MRP |
|
2) |
Debtor subject of medium business |
30 MRP |
|
3) |
Debtor subject of big business |
35 MRP |
|
3. |
Interim manager | |
|
1) |
The debtor who does not have assets for date of initiation of proceedings about bankruptcy |
1 MZP |
|
2) |
Debtor small business entity |
15 MRP |
|
3) |
Debtor subject of medium business |
20 MRP |
|
4) |
Debtor subject of big business |
25 MRP |
|
4. |
Bankrupt managing director | |
|
1) |
The debtor who does not have assets for date of recognition of the debtor by the bankrupt |
1 MZP |
|
2) |
Debtor small business entity |
25 MRP |
|
3) |
Debtor subject of medium business |
30 MRP |
|
4) |
Debtor subject of big business |
35 MRP |
Note: disaggregation of abbreviations:
MRP - the monthly settlement indicator established by the Law on the republican budget for the corresponding financial year
MZP - the minimum wage established by the Law on the republican budget for the corresponding financial year
Approved by the Order of the Government of the Republic of Kazakhstan of July 2, 2014 No. 759
1. These rules of payment of the main remuneration to administrators are developed according to Item 1 of article 13 of the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" and establish payment procedure of the main remuneration to administrators.
2. As the administrator it is understood - the temporary administrator, rehabilitation, interim and bankrupt managing directors appointed in accordance with the established procedure during hearing of cases in court and holding rehabilitation procedure and insolvency proceeding.
The main remuneration is - the fixed remuneration established by creditor meeting to the temporary administrator, rehabilitation, interim and bankrupt managing directors monthly.
3. The amount of the main remuneration to the temporary administrator, rehabilitation, interim and bankrupt managing directors cannot be below the minimum size established by the Government of the Republic of Kazakhstan and is transferred into the bank account of the temporary administrator, rehabilitation, interim and bankrupt manager specified in the statement in case of registration (re-registration) in authorized body.
4. The amount of the main remuneration to the temporary administrator is determined on creditor meeting. The solution of creditor meeting is drawn up by the protocol.
5. The main remuneration of the temporary administrator is compensated at the expense of property of the debtor out of turn by results of its activities for the entire period of execution by the temporary administrator of the obligations.
6. The main remuneration is paid to the temporary administrator by the rehabilitation managing director or the official of the insolvent debtor after removal of determination by court about approval of the plan of rehabilitation or the termination of the rehabilitation procedure.
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The document ceased to be valid since September 10, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of August 28, 2015 No. 685