LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 17, 2012 No. 564-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning improvement of the competitive companies

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (General part) accepted by the Supreme Council of the Republic of Kazakhstan on December 27, 1994 (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; No. 13-14, of the Art. 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; No. 17-18, of the Art. 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, No. 2-3, of the Art. 7, 16, 18; No. 8; Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129):

Heading of Article 54 to state 1) in table of contents in the following edition:

"Article 54. Rehabilitation procedures";

Article 54 to state 2) in the following edition:

"Article 54. Rehabilitation procedures

Any measures which are not contradicting the legislation directed to recovery of its solvency for the purpose of prevention of liquidation can be applied to the insolvent debtor.

The specified measures are implemented within the accelerated rehabilitation procedure, the rehabilitation procedure which procedure and terms of implementation are determined by the legislation on bankruptcy.".

2. In the Code of civil procedure of the Republic of Kazakhstan of July 13, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 18, Art. 644; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; 2001, No. 8, Art. 52; No. 15-16, of Art. 239; No. 21-22, of Art. 281; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 10, Art. 49; No. 14, Art. 109; No. 15, Art. 138; 2004, No. 5, Art. 25; No. 17, Art. 97; No. 23, Art. 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 13, Art. 53; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72; No. 13, Art. 86; 2007, No. 3, Art. 20; No. 4, Art. 28; No. 9, Art. 67; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 13-14, of Art. 56; No. 15-16, of Art. 62; 2009, No. 15-16, of Art. 74; No. 17, Art. 81; No. 24, Art. 127, 130; 2010, No. 1-2, of Art. 4; No. 3-4, of Art. 12; No. 7, Art. 28, 32; No. 17-18, of Art. 111; No. 22, Art. 130; No. 24, Art. 151; 2011, No. 9 of the Art. 9, No. 2, Art. 28; No. 5, Art. 43; No. 6, Art. 50; No. 14, Art. 117; No. 16, Art. 128, 129):

1) in table of contents:

to state heading of Chapter 35 in the following edition:

"Chapter 35. Hearing of cases about bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation and rehabilitation of legal entities";

to state heading of Article 313 in the following edition:

"Article 313. Hearing of cases about bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation and rehabilitation of legal entities";

Item 1 of Article 289 to add 2) with subitems 5-1), 5-2) of the following content:

"5-1) about rehabilitation of legal entities;

5-2) about the accelerated rehabilitation of legal entities;";

Chapter 35 to state 3) in the following edition:

"Chapter 35. Hearing of cases about bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation and rehabilitation of legal entities

Article 313. Hearing of cases about bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation and rehabilitation of legal entities

Cases on bankruptcy of individual entrepreneurs and legal entities, the accelerated rehabilitation and rehabilitation of legal entities are considered by court by the general rules provided by this Code with the features established by the legislation on bankruptcy.".

3. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, No. 2-3, of the Art. 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128):

1) in table of contents:

in heading of Article 151-4 of the word "Park of Information Technologies" shall be replaced with words "The park of innovative technologies";

2) in Item 2 of Article 150, in heading and in Items 1, of 2, 3 Articles 151-4, in item 4 of Article 359 of the word "Park of Information Technologies" shall be replaced with words "The park of innovative technologies";

The subitem 13) of Item 1 of Article 535 to state 3) in the following edition:

"13) from statements for recognition of legal entities by bankrupts, for application of the rehabilitation procedure, for application of the accelerated rehabilitation procedure – 500 percent.";

The subitem 2) of Item 3-1 of Article 609 to state 4) in the following edition:

"2) applications of the rehabilitation procedure concerning the taxpayer – from the date of entry into force of the judgment about application of the rehabilitation procedure.

At the same time concerning such taxpayers on the tax liability which amount is not included in the register of requirements of creditors according to the procedure the established legislation of the Republic of Kazakhstan on bankruptcy, and also in case, stipulated by the legislation the Republic of Kazakhstan about bankruptcy, applies methods of ensuring execution of such obligation.";

The subitem 3) of Item 2 of Article 614 to state 5) in the following edition:

"3) applications of the rehabilitation procedure concerning the taxpayer – from the date of entry into force of the judgment about application of the rehabilitation procedure.

At the same time concerning such taxpayers in case of tax debt which amount is not included in the register of requirements of creditors according to the procedure the established legislation of the Republic of Kazakhstan on bankruptcy, and also in case, stipulated by the legislation the Republic of Kazakhstan about bankruptcy, applies measures of recovery by enforcement of such debt.".

4. In the Law of the Republic of Kazakhstan of January 21, 1997 "About bankruptcy" (Sheets of Parliament of the Republic of Kazakhstan, 1997, No. 1-2, of Art. 7; No. 13-14, of Art. 205; 1998, No. 14, Art. 198; No. 17-18, of Art. 225; 2000, No. 22, Art. 408; 2001, No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 17, Art. 155; 2003, No. 4, Art. 26; No. 11, Art. 67; 2004, No. 6, Art. 42; No. 23, Art. 142; 2005, No. 14, Art. 57; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 13, Art. 86; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 14, 18, No. 9, Art. 67; 2008, No. 13-14, of Art. 58; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 18; No. 18, Art. 84; 2010, No. 5, Art. 23; No. 7, Art. 28; 2011, No. 1, Art. 2, 9; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111):

Preamble to state 1) in the following edition:

"This Law determines conditions and procedure for holding procedures of the accelerated rehabilitation, rehabilitations, recognitions of the debtor by the bankrupt and his liquidations, and also the procedure of external observation.";

2) in Article 1:

4) and 8) to state subitems in the following edition:

"4) administrative expenses – the expenses connected with initiation and holding procedure of external observation, the rehabilitation procedure, procedure of bankruptcy proceedings, liquidation procedure of the debtor without initiation of bankruptcy proceedings recognized by creditors in the procedure established by this Law including costs on fee of the involved specialists, the amounts of the current payments to rehabilitation and competitive managing directors, and also the administrator of external observation which obligation on payment arose since the moment and during the period after initiation of proceedings about bankruptcy, rehabilitation or the procedure of external observation.

The taxes and other obligatory payments in the budget estimated in the taxpayer according to tax statements, added by body of Tax Service by results of tax audits for the tax periods following tax period in which the rehabilitation procedure, the procedure of bankruptcy proceedings is applied also belong to administrative expenses;";

"8) the debtor – the individual entrepreneur or the legal entity, insolvency or insolvency of which is the basis of application to it of the procedures provided by this Law;";

"add with subitems 9-1), 11-1), 18-1), 19-1) and 21-1) of the following content:

"9-1) group of homogeneous creditors – group of the creditors having identical requirements to the debtor and not having before each other advantage in receipt of their satisfaction.

Groups of homogeneous creditors can constitute:

creditors according to requirements about indemnification of life or health;

creditors on compensation and payment of compensations for employment contracts, and also debts on social contributions to the State Social Insurance Fund and the compulsory pension contributions withheld from the salary;

creditors according to the obligations provided with pledge;

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