THE JOINT ORDER OF THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN AND THE CHAIRMAN OF THE AGENCY OF THE REPUBLIC OF KAZAKHSTAN ON FIGHT AGAINST ECONOMIC AND CORRUPTION CRIME (FINANCIAL POLICE)

of March 26, 2013 No. 144 of April 8, 2013 No. 98

About interaction of state bodies according to the prevention, identification and suppression of deliberate, false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation

For the purpose of timely detection and suppression of deliberate, false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation, and also timely exchange of information, we ORDER:

1. For the purpose of coordination and increase in efficiency of activities for identification of signs of deliberate, false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation, under Committee on work with poor debtors of the Ministry of Finance of the Republic of Kazakhstan (further - KND) to create the Working group of number of heads of KND, the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan (further - the Tax Committee), Agencies of the Republic of Kazakhstan on fight against economic and corruption crime (Financial police) (further - the Agency).

To hold meetings of the Working group at least once a quarter.

2. For the purpose of increase in efficiency of activities for identification of signs of deliberate, false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation under the KND territorial subdivisions to create the working groups of number of representatives of the KND territorial subdivisions, the Tax Committee and Agency.

Meetings of working group are held at least two quarterly.

3. The plan of joint actions of working group for the corresponding planned year to constitute and approve at meeting of working group, no later than January 20 of the current year.

4. For determination of availability of signs of deliberate, false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation the following documents are considered:

1) constituent documents (the charter, the foundation agreement, the decision on organization of the legal entity), and also the documents containing the information about the debtor's head, about persons having the right to give instructions, obligatory for the debtor, or having opportunity otherwise to determine actions of the debtor, the information about affiliates;

2) tax statements: documents of tax accounting and the reporting, tax declarations and appendices to them, personal accounts, account registers - invoices;

3) the materials of audit (audits), documents constituted by results of cameral control of tax authorities, materials of counter checks confirmatory violations, reflected in the act of tax audit, acts of checks of law enforcement agencies, etc.;

4) documents of financial accounting and reporting on financial and economic activities of the debtor (balance sheet, profit and loss statement, report on cash flows, appendices to the balance sheet, statements of changes in equity, explanatory notes, etc.), consolidated financial statements, statistical reporting;

5) documents based on which alienation or property acquisition of the debtor, change in structure of assets, obligations and equity, increase or reduction of accounts payable, and also other documents which led to change of financial condition and insolvency of the debtor (the purchase and sale agreements on property acquisition of the debtor directed to substitution of property of the debtor by less liquid was made; the agreements signed on obviously unprofitable conditions for the debtor on the basis of which the property without which the main activities of the debtor are impossible is aloof and acquired; the agreements which are not provided with property, connected with emergence of obligations at the debtor; the agreements attracting acquisition of illiquid property; the agreements on replacement of one obligations with others signed on obviously disadvantageous conditions; agreements on ensuring obligation fulfillment (the agreement of pledge, the agreement of the order or guarantee), etc.);

6) the documents containing the information about structure of property of the debtor, materials about assessment (revaluation) of property of the debtor;

7) data on the rights and encumbrances registered for the debtor, and also on availability (absence) of the facts of alienation (acquisition) of property of the debtor including structural divisions on all territory of the Republic of Kazakhstan, during the period in five years prior to initiation of proceedings about bankruptcy and (or) rehabilitation;

8) the list of debtors, with indication of IIN or BIN and the size of receivables, the basis and date of their education separately on each debtor, the documents confirming implementation of measures for reclamation of receivables, and also the list of debtors on which decisions on write-off of receivables with indication of the relevant data are made;

9) data on remaining balance and cash flow on bank accounts and on cash desk of legal person debtor and (or) his structural division, current accounts of the debtor - the individual entrepreneur;

10) other documents of the subject of entrepreneurship specifying signs of deliberate, false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation.

5. After receipt of determination for initiation of proceedings for bankruptcy or for rehabilitation concerning debtors the KND territorial subdivisions during 2kh send the working days inquiries to territorial subdivisions of the Tax Committee for provision of data on registration data of the taxpayer - the debtor from the moment of initial registration in judicial authorities before date of initiation of proceedings for bankruptcy or for rehabilitation.

In the presence of the fact of reorganization of the debtor, the KND territorial subdivisions within 2 working days send data on the debtor and participants of reorganization to territorial subdivisions of the Agency.

After the introduction in legal force of the judgment about recognition of the debtor by the bankrupt and (or) application of the procedure of rehabilitation, the KND territorial subdivisions monthly till the 15th of the following behind reporting send to KND of the information about the debtors who are in liquidation procedures and rehabilitation.

6. KND on the basis of the data provided by territorial subdivisions sends inquiry to the Tax Committee:

1) monthly in time no later than the 25th, about provision of information on financial and economic activities of the bankrupt, according to appendix 1 to this Order;

2) quarterly in time no later than the 25th, the second month following reporting quarter about provision of information on reflection in tax declarations of creditors and debtors of settlement with debtor/bankrupt, according to appendix 2 to this Order.

7. From the moment of receipt of information from the Tax Committee, within 10 working days of KND determines the list of the debtors having the following hazard rates of deliberate and false bankruptcy and wrongful acts in case of bankruptcy and rehabilitation (further - PLB hazard rates):

1) the statement of invoices after recognition of the debtor by the bankrupt;

2) settlement with the pseudo-companies;

3) cash settlings with partners (debtors/creditors);

4) unaccounted receivables;

5) justification of requirements of creditors (applicant);

6) reorganization of the legal entity;

7) availability of the opened bank accounts with effective period from 1 to 5 days;

8) the tax return from the budget;

9) availability of Notifications on cameral control of Tax authority after recognition by the bankrupt on tax amount on value added (further - the VAT);

10) representation of additional FNO on the VAT with disaggregation of the register on the realized goods (form 300.07) on VAT amount;

11) foreign economic activity (data of the Customs Control Committee of MF RK);

12) participation in public procurements (data of Committee of Treasury of MF RK);

13) availability of the judgments which took legal effect about return of property to competitive weight (data of the KND territorial subdivisions);

14) inclusion in the register of requirements of creditors (further - RTK) the debt which is not reflected earlier in balance of the debtor, availability of the changed RTK (data of the KND territorial subdivisions);

15) sale of property to affiliirovanny faces of the debtor at the price below 50% from the estimated (balance sheet) value (data of the KND territorial subdivisions);

16) unreasonable write-off of receivables of the bankrupt (data of the KND territorial subdivisions).

The list of hazard rates of PLB can change depending on type of information, arriving in KND.

8. The list of debtors 11), 13), 14), 15) and 16) of Item 7, is determined by the hazard rates specified in subitems 1) quarterly to the 25th, following reporting quarter.

9. The created list of debtors with appendix of data on hazard rates, KND within 3 working days sends to territorial subdivisions for implementation of the detailed analysis of financial and economic activities of the debtor and the course of bankruptcy proceedings, on basis:

1) tax statements of the creditor on availability of settlement with the debtor;

2) results of auction and registration data regarding participation in auction of affiliates of the debtor;

3) judgments on recognition of transactions on conclusion of property (assets) of the debtor invalid;

4) tax statements on availability of transactions with partners (debtors / creditors);

5) tax statements on availability of transactions with the pseudo-companies;

6) acts of counter checks of the bankrupt regarding the facts of cash settlings with partners, and also not considered receivables;

7) registration data regarding identification of the reorganized legal entities, and also affiliation of participants of reorganization;

8) tax statements of debtors regarding solvency determination;

9) accounts payable availability for date of write-off of money from the settlement account;

10) export-import transactions regarding their reflection in tax and financial accounting;

11) data on participation in public procurements;

12) data on the committed transactions connected with realization (acquisition, alienation) of property (assets);

13) other data on financial and economic activities.

10. The KND territorial subdivisions within 40 working days (including time of the direction of necessary requests and receipt of answers) carry out the analysis of finansovokhozyaystvenny activities of the debtor regarding identification of signs of PLB.

11. In case of identification during the analysis of signs of PLB and wrongful acts in case of bankruptcy and rehabilitation the KND territorial subdivisions request in territorial subdivisions of the Tax Committee confirmatory materials on paper.

12. On analysis results of financial and economic activities of the debtor the KND territorial subdivisions within 5 working days, direct:

1) the statement in territorial subdivisions of the Agency (the copy in KND) about adoption of the proceeding decision, in form according to appendix 3 to this Order, with appendix of confirmatory materials;

2) the reference in KND on lack of signs of PLB and illegal action in case of bankruptcy and rehabilitation, according to appendix 3 to this Order, in form with appendix of confirmatory materials.

In case of identification of signs illegal action in case of bankruptcy or rehabilitation on analysis results of hazard rates of PLB specified in Item 7 of this Order, the KND territorial subdivisions direct applications according to the subitem 1) of this Item.

The statement and the reference is signed by the first head of the KND territorial subdivision or replacement his face.

13. No later than the 25th following reporting quarter, the KND territorial subdivisions sign the reconciliation statement with territorial subdivisions of the Agency on materials which are transferred by them and competitive, rehabilitation managing directors to territorial subdivisions of the Agency and to the taken measures, according to appendix 4 to this Order which is sent to Committee.

14. The Tax Committee monthly, to the 15th provides concerning debtors for the 5-year period from the date of initiation of proceedings about bankruptcy and rehabilitation, according to the subitem 1) of Item 6 of this Order, the following data:

1) about the carried-out tax audits (complex and counter checks) with provision of electronic copies of inspection statements;

2) about the arisen tax debt (the amounts of the added tax liabilities, the period, the basis and others);

3) about settlement with the pseudo-companies (appendix 4 to this Order);

4) about the carried-out reorganization (accession, merge, allocation, transformation) (appendix 5 to this Order);

5) according to the opened/closed bank accounts with effective period from 1 to 5 days (appendix 6 to this Order);

6) about the statement of accounts of invoices after recognition of the debtor by the bankrupt (appendix 7 to this Order);

7) about reflection in tax statements of the creditor/debtor of settlement with the debtor (appendix 8 to this Order);

8) about tax amounts returned from the budget (Appendix 9 to this Order);

9) about results of cameral control and submission of the additional declaration (appendix 10 to this Order).

15. The data specified in Item 14 of this Order are used for determination of the list of the debtors having PLB hazard rates, the list of required information, if necessary, can change.

Provision of information is possible electronically, using information technologies.

16. Territorial subdivisions of the Tax Committee within 2 working days from the moment of receipt of request from the KND territorial subdivisions, according to Item 5 of this Order, provide on paper registration data on the taxpayer debtor, in the presence of reorganization - and about participants of reorganization.

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