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THE JOINT ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND THE MINISTER OF NATIONAL ECONOMY

of February 28, 2023 No. 224, on February 28, 2023 No. 28

About approval of checking leaf in the field of the state control of activities of the financial manager in procedures of recovery of solvency and judicial bankruptcy

According to Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan, Item 2 of article 10 of the Law of the Republic of Kazakhstan "About recovery of solvency and bankruptcy of citizens", and also 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:

1. Approve the enclosed checking leaf in the field of the state control of activities of the financial manager in procedures of recovery of solvency and judicial bankruptcy.

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. This joint order becomes effective after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

 

__________ A. Kuantyrov

The deputy prime minister is the Minister of Finance of the Republic of Kazakhstan

 

__________ E.Zhamaubayev

It is approved

Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

 

 

 

Approved by the joint Order of the Deputy prime minister - the Minister of Finance of the Republic of Kazakhstan and the Minister of national economy of February 28, 2023 No. 224, on February 28, 2023 No. 28

Checking leaf in the field of the state control of activities of the financial manager in procedures of recovery of solvency and judicial bankruptcy

Concerning the financial manager

The state body which appointed check ______________________
____________________________________________________________________

Act of purpose of check _______________________________________
                                                                    (No., date)

Surname, name, middle name (further – First name, middle initial, last name) (in case of its availability) the subject of control
____________________________________________________________

Individual identification number (further – IIN) the subject of control
________________________________________________________

Location address: _______________________________________

_________________________________________________________________

First name, middle initial, last name (in case of its availability) object of the control _________________________
________________________________________________________________

IIN of object of the control __________________________________________

Residential address of object of control: _________________________

____________________________________________________________________

____________________________________________________________________

List of requirements

Conforms to requirements

Does not conform to requirements

1

2

3

4

1

The direction in authorized body of the announcement in the Kazakh and Russian languages of initiation of proceeedings about application of the procedure of recovery of solvency or judicial bankruptcy and procedure for the statement of requirements by creditors for placement on Internet resource within 2 (two) working days from the date of its appointment

2

The direction of the register of requirements of creditors in authorized body for placement on Internet resource within 10 (ten) working days from the date of the termination of term of the statement by creditors of requirements to the debtor

3

Project development of the plan of recovery of solvency on the basis of form of the standard plan within 1 (one) month from the date of the introduction in legal force of the judgment about application of the procedure of recovery of solvency

4

Creation of the final plan of recovery of solvency and the direction it in court, and also to creditors whose requirements are included in the register of requirements of creditors, within 5 (five) working days from the date of the expiration of submission by creditors of offers and notes

5

Creation of the conclusion by results of implementation of collection of data on financial condition of the debtor and his submission to court within 20 (twenty) working days from the date of removal of determination by court about initiation of proceedings about application of the procedure of recovery of solvency or the procedure of judicial bankruptcy

6

The direction to the creditor of information, belonging to procedures of recovery of solvency and judicial bankruptcy, and also reliable information about financial position of the debtor, its property and obligations based on its request

7

Creation within 5 (five) working days from the date of adoption by court of the decision on application of the procedure of judicial bankruptcy of the draft of the sales plan of the estate of the debtor

8

The direction for consideration of the draft of the sales plan of the estate of the debtor to creditors whose requirements are included in the register of requirements of creditors

9

Creation of the final sales plan of the estate of the debtor and the direction it for data to creditors whose requirements are included in the register of requirements of creditors, within 5 (five) working days from the date of the expiration of submission by creditors of offers and (or) notes to the draft of the sales plan

10

The direction of the offer to the mortgage creditor on acceptance of pledged property in nature within 3 (three) working days after creation of the inventory report

11

Transfer of pledged property to the mortgage creditor on account of satisfaction of its requirements within 5 (five) working days from the date of repayment of the expenses connected with assessment and content of pledged property

12

The direction of the valuation report to the debtor and creditor within 3 (three) working days from the date of its representation by the appraiser

13

Creation of the final report, conclusion about availability or lack of the bases for discharge of the bankrupt in the established form and the direction in court in time no more than 6 (six) months from the date of the introduction in legal force of the judgment about application of the procedure of judicial bankruptcy

14

Decision making about recognition of the requirement of the creditor reasonable (unreasonable) within 5 (five) working days from the date of receipt of the requirement declared by the creditor and inclusion of the acknowledged requirement in the register of requirements of creditors

15

Carrying out inventory count of property of the debtor within 10 (ten) working days from the date of removal of determination by court about initiation of proceedings about application of the procedure of recovery of solvency or judicial bankruptcy

16

Evaluating property of the debtor with involvement of the appraiser

17

Appeal to the court with the statement for recognition invalid the transactions made by the debtor or person authorized by it within 3 (three) years before initiation of proceedings about application of procedures of recovery of solvency and judicial bankruptcy in the presence of the bases provided by the civil legislation of the Republic of Kazakhstan within 10 (ten) working days from the date of detection of such transactions

18

Observance of priority in case of satisfaction of requirements of creditors

19

Use when settling with creditors of the money which arrived from sale of the estate of the debtor, and also the income of the debtor, except for the income on which collection according to article 98 of the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives" cannot be turned

20

Implementation of sale of the estate of the debtor according to the sales plan

Official person(s) of authorized body:

____________________________________ ____________________
                           (position)                       (signature)

____________________________________________________________________
                                     (First name, middle initial, last name (in case of its availability))

Mark about receipt of checking leaf

Financial manager:

____________________________________ __________________
                (First name, middle initial, last name (in case of its availability))             (signature)

Date "____" _______________ 20 ______ years

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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