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The document ceased to be valid since  August 6, 2015 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of July 23, 2015 No. 573

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2014 No. 760

About approval of Rules of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding

According to Item 3 of article 18 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 the enclosed Rules of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding.

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. 760

Rules of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding

1. General provisions

1. These rules of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 7, 2014 "About rehabilitation and bankruptcy" and establish single procedure and terms of carrying out by authorized body in the field of rehabilitation and bankruptcy (further - authorized body) cameral control of activities of the administrator, when holding rehabilitation procedure and insolvency proceeding.

In these rules the following concepts are used:

1) the administrator - 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;

2) the notification - the notification on elimination of the violations revealed by results of cameral control of activities of the administrator;

3) the current and required information - information on the course of implementation of the rehabilitation procedure or insolvency proceeding represented by the administrator to authorized body.

2. Procedure and terms of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding

3. Cameral control belongs to other forms of the state control of activities of administrators when holding rehabilitation procedure and insolvency proceeding and is carried out for the purpose of representation to the administrator of possibility of independent elimination of the violations revealed by authorized body by results of cameral control.

4. Cameral control is carried out by mutual comparison of the data which are available in authorized body:

1) current and required information;

2) data of other authorized state bodies;

3) the data received from different sources of information on activities of the administrator and debtor.

5. Cameral control is exercised by authorized body monthly no later than the 25th following the accounting period.

6. In case of identification of violations by results of cameral control in actions (failure to act) of the administrator by authorized body the notification according to the procedure, established by the Government of the Republic of Kazakhstan, with appendix of the description of the revealed violations is drawn up and goes.

7. After submission of the notification by the administrator of the performance report in the form established by the Government of the Republic of Kazakhstan, the authorized body carries out the analysis of the specified report and the conclusion about confirmation of the revealed violations by results of cameral control in form, according to appendix 1 to these rules and (or) about not confirmation of the revealed violations by results of cameral control in form, according to appendix 2 to these rules is constituted.

The conclusions specified in this Item are constituted within five working days from the date of, the submission of the notification by the administrator of the performance report following behind day.

Appendix 1

to Rules of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding

Form

The conclusion about confirmation of the revealed violations by results of cameral control

____________________________________

______________

(name of authorized body)

      (date)

Me, ____________________________________________________________________________________________

                                (surname, name, middle name (in the presence), position of the employee of authorized body)

___________________________________________________________________________________________________

according to Rules of carrying out cameral control of activities of administrators in the rehabilitation procedure and insolvency proceeding this conclusion is constituted on:

Surname, name, middle name (in the presence), name of the debtor: __________________________________________

___________________________________________________________________________________________________

IIN (BIN) должника:_______________________________________________________________________________

Type процедуры:_____________________________________________________________________________________

Surname, name, middle name (in the presence) administrator: __________________________________________________

___________________________________________________________________________________________________

IIN of the administrator: _______________________________________________________________________________

according to the notification on elimination of the violations revealed by results of cameral control of activities of the administrator from "____"

_________ 20 ___ years No. ______________ for the period ________ 20 __ years.

By results of cameral control on the violations specified in the above-named notification

It is accepted решение:___________________________________________________________________________________

___________________________________________________________________________________________________

 

 

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