LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2016 No. 12-VІ ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning payments and payment systems

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; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 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, Art. No. 2-3, 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; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 128; No. 22-І, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70):

Part the second Item 1 of Article 45 to state 1) in the following edition:

"Reorganization of the legal entity - the Voluntary accumulation pension fund, the insurance (reinsurance) organization, Fund of guaranteeing insurance payments, special finance company, payment institute is performed taking into account features, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, insurance and insurance activity, Fonda of guaranteeing insurance payments, project financing and securitization, payments and payment systems.";

Part the fourth Item 1 of Article 282 to state 2) in the following edition:

"The procedure and payment methods and transfers are established by the legislation of the Republic of Kazakhstan on payments and payment systems and determined by the parties in the relevant agreement.".

2. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-І, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-І, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-І, Art. 49; No. 7-II, Art. 53; No. 8-І, Art. 62):

1) in Article 740:

1, of 3, of 5, 6 and 7 to state Items in the following edition:

"1. The money of citizens and legal entities which is on bank accounts it can be seized precisely by courts based on court resolutions and legal executives based on resolutions of the legal executives authorized by court, according to the procedure and on the bases which are established by the criminal procedure and civil procedural legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on enforcement proceeding and the status of legal executives.

On the money and other property of physical person or legal entity which are on bank accounts the temporary restriction on the order by property precisely person performing pre-judicial investigation with the consent of the prosecutor can be set.

Establishment of temporary restriction on the order by property, seizure of the money which is on the bank accounts intended for transfer of the benefits and social payments paid from the government budget and (or) the State Social Insurance Fund, housing payments on the money placed on the terms of the deposit of the notary, which are on bank accounts under the contract on educational accumulation deposit signed according to the Law of the Republic of Kazakhstan "About the State educational accumulative system" and also for money of the banks, insurance (reinsurance) organizations, the Voluntary accumulation pension funds deprived by authorized state body of the license and (or) which are in process of involuntary liquidation is not allowed.";

"3. Acts of seizure of the money of the client which is on bank accounts can be appealed in court in the procedure established by the laws of the Republic of Kazakhstan.";

"5. The decision and (or) the order of authorized state bodies or officials on suspension of account transactions according to bank accounts of the client do not extend to amount of money which it is seized based on the act of seizure.

6. Acts of persons having rights of seizure of the money of the client which is on its bank accounts, shown later acceptances by bank to execution of the decision and (or) order of authorized state bodies or officials about suspension of account transactions are subject to execution after cancellation of such decision and (or) the order, except as specified, stipulated in Item the 7th this Article.

7. The arrests imposed the money of the client which is on bank accounts for the purpose of providing the claim or execution of executive documents are performed in first-priority procedure, except as specified seizures for the purpose of satisfaction of the requirements provided by the subitem 4) of Item 2 of Article 742 of this Code.

At the same time execution of the acts of seizure which are earlier adopted by bank, decisions and (or) orders of authorized state bodies or officials about suspensions of account transactions according to bank accounts of the client stops within amount of money which arrest for the purpose of providing the claim or execution of executive documents is imposed.

When imposing on the money of the client which is on bank accounts, more than one arrest for the purpose of providing the claim or execution of executive documents they are subject to execution according to the procedure of priority of acceptance by their bank.

Other acts of seizure, decisions and (or) orders of authorized state bodies or officials about suspension of account transactions according to bank accounts of the client are performed according to the procedure of priority of acceptance by their bank after removal or cancellation of the arrest imposed for the purpose of providing the claim or execution of executive documents.";

add with Item 8 of the following content:

"8. Restrictions of the order with the money which is in bank do not extend to money withdrawal according to the requirements belonging to one queue and (or) higher according to priority, stipulated in Item 2 Articles 742 of this Code.";

Article 741 to state 2) in the following edition:

"Article 741. Money withdrawal without the consent of the client

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