ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 20, 2007 No. 615

About approval of Rules of licensing and the qualification requirements imposed to activities for property management and cases of insolvent debtors in insolvency proceedings

For the purpose of implementation of the laws of the Republic of Kazakhstan of January 21, 1997 "About bankruptcy", of January 11, 2007 "About licensing" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) Rules of licensing of activities for property management and cases of insolvent debtors in insolvency proceedings;

2) the qualification requirements imposed to activities for property management and cases of insolvent debtors in insolvency proceedings.

2. Recognize to invalid:

1) the order of the Government of the Republic of Kazakhstan of April 28, 2001 No. 581 "About approval of Rules of licensing of activities for property management and cases of insolvent debtors in insolvency proceedings" (SAPP of the Republic of Kazakhstan, 2001, No. 15, the Art. 204);

2) Item of 5 changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan, approved by the order of the Government of the Republic of Kazakhstan of November 28, 2002 No. 1268 "Single questions of the Ministry of Finance of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2002, No. 43, the Art. 430);

3) the order of the Government of the Republic of Kazakhstan of April 21, 2006 No. 308 "About modification of the order of the Government of the Republic of Kazakhstan of April 28, 2001 No. 581" (SAPP of the Republic of Kazakhstan, 2006, No. 14, the Art. 134).

3. This resolution is subject to official publication and becomes effective since August 9, 2007.

 

Approved by the order of the Government of the Republic of Kazakhstan of July 20, 2007 No. 615

Rules of licensing of activities for property management and cases of insolvent debtors in insolvency proceedings

1. General provisions

1. These rules of licensing of activities for property management and cases of insolvent debtors in insolvency proceedings (further - Rules) are developed according to the laws of the Republic of Kazakhstan of January 21, 1997 "About bankruptcy", of January 11, 2007 "About licensing" (further - the Law), and establish procedure for licensing of activities for property management and cases of insolvent debtors in insolvency proceedings.

2. The state body performing licensing of activities for property management and cases of insolvent debtors in insolvency proceedings is the Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (further - the licensor).

3. The license for activities on property management and cases of insolvent debtors in insolvency proceedings is issued to physical person - the individual entrepreneur in case of observance of the requirements established by the laws of the Republic of Kazakhstan and these rules by it.

4. The license for activities on property management and cases of insolvent debtors in insolvency proceedings (further - the license) is general.

The license is inaliennable, and cannot be transferred by the licensee to other person.

5. Action of the license extends to all territory of the Republic of Kazakhstan.

2. Licensing procedure

6. The following documents are necessary for receipt of the license:

1) statement;

2) copy of the identity document;

3) the notarized copy of the certificate on state registration of the applicant as the individual entrepreneur;

4) the notarized copy of the certificate on statement of the applicant on accounting in tax authority;

5) the document confirming payment in the budget of the license fee for the occupation right with activities for property administration and cases of insolvent debtors in insolvency proceedings;

6) data and documents according to qualification requirements:

copies of diplomas about the higher education, the document issued by the organization of the education confirming passing of preparation for further work as the administrator of external observation rehabilitation, the receiver according to the legislation on bankruptcy;

copies of the documents confirming length of service;

the certificate of lack of criminal record issued on the applicant's residence not earlier than a month before its representation to the licensor, with indication of data on all republic;

the medical certificates issued narcological and psychiatric by dispensaries on the applicant's residence not earlier than before month before their representation to the licensor.

7. All documents submitted to the licensor for licensing are accepted according to the inventory which copy goes (is handed) to the applicant with mark about date of documents acceptance by the licensor.

8. The license is granted no later than ten working days from the date of submission of the statement with the relevant documents established by these rules.

The licensor during the term established by this Item shall grant the license or give the motivated answer in writing about causes of failure in licensing.

9. If the licensor in the terms established by these rules did not grant to the applicant the license or in writing did not notify the applicant on cause of failure in licensing, after five working days from the date of the expiration of the terms established by these rules for licensing, the applicant in writing notifies the licensor on the beginning of implementation of the type of activity declared to them.

The licensor no later than five working days from the moment of receipt of the written notice of the applicant shall grant the license from the date specified by the applicant in the written notice.

10. In licensing it can be refused cases if:

1) occupation this type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of subjects;

2) all documents required according to these rules are not submitted. In case of elimination by the applicant of the specified obstacles the application is considered in accordance with general practice;

3) the license fee is not brought;

4) the applicant does not conform to qualification requirements;

5) concerning the applicant there is court verdict which took legal effect prohibiting to it to be engaged in this type of activity.

11. In case of refusal in licensing by the licensor the applicant is given the motivated answer in writing in the terms established for licensing.

3. Renewal, issue of duplicates, termination and suspension of action of licenses

12. In case of loss, spoil of the license the licensee has the right to duplicates of the license.

The lost, damaged forms of the license reckon invalid from the date of submission of the written application by the licensee (with application of documents, confirming the fact of loss, spoil of the license) to the licensor.

The licensor within ten working days from the date of filing of application issues the duplicate of the license with assignment of new number and text "Duplicate" in the right upper corner.

13. In case of change of surname, name, middle name of the licensee, he shall submit within thirty calendar days the application for renewal of the license with appendix of the relevant documents confirming the specified data.

The licensor within ten working days from the date of submission of the corresponding written application by the licensee renews the license.

14. The license stops the action in cases:

1) deprivations of the license;

2) terminations of activities of physical person;

3) voluntary return of the license to the licensor;

4) exceptions of separate type of activity of the list of licensed. In case of cancellation of the license the licensee shall return the license to the licensor within ten working days.

15. Action suspension, deprivation of the license are performed according to the procedure, stipulated by the legislation the Republic of Kazakhstan about administrative offenses.

16. The licensor performs maintaining the register of licenses.

17. Licensed control of observance of these rules is exercised by the licensor.

18. Violation of these rules attracts responsibility, established by the laws of the Republic of Kazakhstan.

 

Approved by the order of the Government of the Republic of Kazakhstan of July 20, 2007 No. 615

The qualification requirements imposed to activities for property management and cases of insolvent debtors in insolvency proceedings

1. For receipt of license for activities for property management and cases of insolvent debtors in insolvency proceedings the applicant - physical person - the individual entrepreneur shall meet the following qualification requirements:

1) to have the higher legal or economic education and to have training in the organizations of education for further work as the administrator of external observation, rehabilitation, the receiver according to the legislation on bankruptcy;

2) to have work experience at least three years in one of the following fields of activity: economic, financial, accounting and analytical, control and auditing, legal, or as the first head of the legal entity at least three years.

2. The license for activities on property management and cases of insolvent debtors in insolvency proceedings cannot be issued to person having not extinguished or the criminal record which is not removed in the procedure established by the law, acknowledged in accordance with the established procedure incapacitated or is limited by capable.

 

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