Application of the procedure of out-of-court bankruptcy of individuals

residents of Akmola region! The Department of State Revenue for the Akmola region informs about the introduction of an out–of-court bankruptcy procedure for individuals from March 3, 2023, regulated by the Law of the Republic of Kazakhstan "On Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan" dated December 30, 2022.

 This procedure allows citizens who find themselves in a difficult financial situation and meet the criteria of the law to terminate their debt obligations to certain creditors out of court, that is, without going to court. Who can apply for out-of-court bankruptcy?

 A natural person, a debtor, who simultaneously meets the following mandatory conditions, has the right to apply for recognition of an out-of-court bankruptcy.:

  1. The total amount of obligations to these creditors (see below) does not exceed 1,600 times the monthly calculation index (MCI) effective on the date of filing the application.
  2. Lack of property: Thedebtor has nopropertybyright of ownership,includingsharesincommonownership.
  3. There have been nopaymentsforobligationstocreditorsfor12consecutivemonths as of thedate of filing the application.

An amountexceeding1MCI as of thepaymentdate is considered a payment.

  1. The creditorand the debtorconducteddebtsettlementand/orcollectionproceduresinaccordancewith the Laws of the Republic of Kazakhstan"OnBanksandBankingActivitiesin the Republic of Kazakhstan"and"OnMicrofinanceActivities",within12monthsfrom the dateof the delay.
  2. No out-of-courtorjudicialbankruptcyproceedings have been appliedagainstthedebtorforsevenyearsprior to the date of filing the application.Importantexceptions to theconditions: Recipients of socialassistance:

A debtor who received state targeted social assistance within 6 months prior to filing an application has the right to file an application, even if the condition of no payments for 12 months is not fulfilled (clause 3). Debts over 5 years:

 A debtorwhosedefaultperiodexceeds5years as of thedate of filing an application has the right to file an application,evenif the otherconditions listed above are notmet.

Whichobligations are terminated?

The procedure applies only to obligations to:

*Second-tierbanks.

* Branches of non-resident banks of the Republic of Kazakhstan.

 * Organizations that carried out certain types of banking operations or microfinance activities (including those that were deprived of licenses, liquidated or in liquidation).

 * Collection agencies (including those excluded from the registers, liquidated).

 * Other organizations that have purchased the rights of claim under such loan agreements (bank, consumer) or microcredit. How to file an application?

  1. The application is submitted only by the debtor himself in the prescribed form.
  2. Submission is carried out exclusivelythrough:

* The Government for Citizens State Corporation.

 * E-Government web portal (egov.kz ).

 *Specialmobileapplication(EGOVmobile).

What happens after submitting the application? 1. The Authorized Body (UGD) checks the debtor's compliance with the conditions (art. 5 of the Law) and the consent of the spouse (if any) within 15 working days. 2. In accordance with:

* Information about the debtor is posted on the portal egov.kz .

 * The 6-month out-of-court bankruptcy procedure begins. In case of refusal, the application can be resubmitted no earlier than 3 months after the refusal, eliminating the reasons for the refusal. Completion of the procedure and consequences of bankruptcy:

  1. In the absence of groundsfortermination:After6months, the authorizedbodyshalldecideon the completion of the procedureanddeclaring the debtorbankrupt.It is placedonegov.kz.
  2. Termination of obligations:From the date of publication of thisdecision, allobligations of the debtorto the specifiedcreditors are terminated.
  3. Restrictionsfor the bankrupt:Within5yearsafter the completion of the bankruptcyprocedure:

* It is forbidden to receiveloans(except for micro-loans from pawnshops).

* It is prohibited to provide collateral (collateral, guarantee, surety) under bank loan or microcredit agreements. Important! The out–of-court bankruptcy procedure is a serious step with long-term consequences. Before submitting an application, carefully evaluate your compliance with all the criteria and your understanding of the limitations.

 Forallquestionsrelatedto the out-of-courtbankruptcyprocedure,youcancontacttheStateRevenueDepartment of theAkmolaregionbyphone:72-12-42,72-16-53.

Be careful! The out-of-court bankruptcy procedure is conducted free of charge through the specified state channels (Government for citizens, egov.kz ).

Дата публикации
27 июня 2025