of June 18, 2004 No. 5
About court practice of liquidation of the absent legal entities and the absent debtor, and also legal entities performing the activities with gross violation of the legislation
For the purpose of uniform interpretation and application in court practice of the legislation on liquidation of the legal entities performing the activities with gross violation of the legislation (daleeotsutstvuyushchy legal entities and the absent debtors), the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. Draw the attention of courts that liquidation of the legal entity is by a court decision made on the bases, stipulated in Item 2 Articles 49 of the Civil code of the Republic of Kazakhstan (further – group of companies) and other legal acts.
Features of the termination of activities of subjects of private entrepreneurship are stipulated in Article 21 Civil Code, Articles 39, 53 Entrepreneurial codes of the Republic of Kazakhstan, Chapters 7, of 9, of 9-1 Law of the Republic of Kazakhstan "About bankruptcy" (further - the Law).
2. For the absent legal entities and the absent debtors the legislation provides the special bases and the simplified procedure for liquidation.
According to the subitem 13) article 1 of the Law, the absent debtor - the debtor recognized idle according to the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) which lack, and also his founder (participant), the official is established according to the procedure, determined by the Law.
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