JOINT ORDER OF I.O. MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2022 No. 1342, on December 29, 2022 No. 139

About introduction of amendments to the joint order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan of May 11, 2020 No. 469 and the Minister of national economy of the Republic of Kazakhstan of May 11, 2020 No. 38 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of rehabilitation and bankruptcy"

WE ORDER:

1. Bring in the joint order of the First deputy Premier-Ministra of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan of May 11, 2020 No. 469 and the Minister of national economy of the Republic of Kazakhstan of May 11, 2020 No. 38 "About approval of criteria for evaluation of degree of risks and checking sheets in the field of rehabilitation and bankruptcy" (it is registered in the Register of state registration of regulatory legal acts at No. 20614) the following changes:

state preamble in the following edition:

"According to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan, and also item 4 of Rules of forming by regulatory state agencies of system of assessment and risk management, approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts at No. 28577) and the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts at No. 17371), we ORDER:";

state Item 1 in the following edition:

"Approve:

1) criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy according to appendix 1 to this joint order;

2) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the temporary administrator during consideration in court of case on rehabilitation according to appendix 2 to this joint order;

3) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the rehabilitation managing director (person performing powers of the rehabilitation managing director) during rehabilitation procedure according to appendix 3 to this joint order;

4) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the interim manager during consideration in court of case on bankruptcy and insolvency proceeding according to appendix 4 to this joint order;

5) checking leaf behind compliance with law of the Republic of Kazakhstan about rehabilitation and bankruptcy concerning the bankrupt managing director during insolvency proceeding according to appendix 5 to this joint order.";

1, of 2, of 3, 4 and 5 to the specified joint order to be reworded as follows appendices according to appendices 1, of 2, of 3, 4 and 5 to this joint order.

2. 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 joint order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this joint order on Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after state registration of this joint 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.

3. To impose control of execution of this joint order on the supervising vice-Minister of Finance of the Republic of Kazakhstan.

4. This joint order becomes effective since January 1, 2023 and is subject to official publication.

Appendix 1

to the joint Order of the deputy. The Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of December 29, 2022 No. 1342, on December 29, 2022 No. 139

Appendix 1

to the joint Order of the First deputy Premier-Ministra of the Republic of Kazakhstan – the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of May 11, 2020 No. 469, on May 11, 2020 No. 38

Criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy

Chapter 1. General provisions

1. These criteria for evaluation of degree of risks in the field of rehabilitation and bankruptcy (further – Criteria) are developed according to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), Item 2 of article 17 of the Law of the Republic of Kazakhstan "About rehabilitation and bankruptcy" (further – the Law), and also item 4 of Rules of forming by regulatory state agencies of system of assessment and risk management, approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 "About approval of Rules of forming by regulatory state agencies of system of assessment and risk management and about introduction of amendments to the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets" (it is registered in the Register of state registration of regulatory legal acts at No. 28577).

2. These Criteria are developed for reference of subjects of control to risk degrees (high, average and low) for the purpose of their selection for carrying out preventive control with visit of the subject of control.

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