Application of the out-of-court bankruptcy procedure" (a list of basic requirements for the provision of public services is attached)

 
 
 

Annex  1
to the Rules for provision of the public service
" Application of out-of-court bankruptcy procedure"

List of basic requirements for the provision of public services " Application of out-of-court bankruptcy procedure "

 

1

Name of a service provider

Territorial bodies of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan by districts, cities and areas in the cities (hereinafter – the service provider)

 

2

Ways of delivery of public services

1) Non-profit Joint-stock Company "State Corporation "Government for Citizens "(hereinafter-the State Corporation on paper;

2 through the web portal of "electronic government» www.egov.kz (hereinafter – the portal) in electronic form;

3) through the web application of the authorized body's Internet resource (hereinafter - the web application) - in electronic form.

 

3

Terms of public services

1) the term of posting of data on the service recipient on the portal or a reasoned refusal by the service provider to provide a public service is 15 (fifteen) working days;

2) the period to conduct an out-of-court bankruptcy procedure or a reasoned refusal to provide a public service for the service provider is 6 (six) months from the date of posting data on the debtor on the portal.

 

4

Forms of public service provision.

electronic (fully automated) and (or) paper

 

5

The effect of public service provision.

1) posting of data on the service recipient on the portal or a reasoned refusal by the service provider to provide a public service;

2) a decision on completion of the out-of-court bankruptcy procedure or a reasoned refusal to provide a public service.

 

6

The level of fees charged to the service recipient for the provision of public services, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

The state service is provided is free of charge

 

7

Timetable of the service provider State Corporation, information objects

 1) the service provider – from Monday to Friday, from 9 am to 6.30 pm with a lunch break from 1 pm to 2.30 pm, except weekends and holidays according to the Labor Code of the Republic of Kazakhstan ( hereinafter- the Labour Code)  and the Law of the Republic of Kazakhstan "On Holidays in the Republic of Kazakhstan" (hereinafter – the Law on Holidays);

 2) the State Corporation– reception of an application and issue of result of rendering the state service is performed from Monday to Friday, from 9 am to 6 pm without a lunch break, duty departments of the State corporation work from Monday to Friday, from 9 am to 8 pm and on Saturday from 9 am to 1 PM except weekends and holidays according to the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan.

Acceptance is performed according to the procedure of "electronic" queue, without the accelerated servicing, booking of electronic queue by means of the portal is possible;

 3)  the portal, web-application – round the clock, except for the technical breaks connected with carrying out repair work. (When the service recipient applies after the end of working hours, on weekends and holidays, the receiving the request and the issue of the result of the provision of public services is carried out on the following working day according to the Labor Code and the Law on Holidays);

Addresses of places where public services are provided are posted on the Internet resource:

1) State Corporation: www.gov4c.kz;

2) portal www.egov.kz.

 

8

The list of documents required for the provision of public services

To the State corporation:

1) Application of the debtor on applying the out–of-court bankruptcy procedure in accordance with Annex 2 to this order (hereinafter - the Application);

2) a list of creditors indicating their name, the amount of debt, location according to the annex to the Application approved by Annex 2 to this order;

3) a copy of the document confirming the adoption by the service recipient of measures for the settlement and (or) debt collection under the bank loan agreement and (or) the microcredit contract.

On the portal and (or) web application:

1) Application of the debtor on applying the out–of-court bankruptcy procedure in accordance with Annex 2 to this order (hereinafter - the Application);

2) a list of creditors indicating their name, the amount of debt, location according to the annex to the Application approved by Annex 2 to this order;

3) an electronic copy of the document confirming the adoption by the service recipient of measures for the settlement and (or) debt recovery under the bank loan agreement and (or) the microcredit contract.

 

9

Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan

1) establishment of the fact of unauthenticity of documents submitted by the service recipient for receiving the state service, and (or) the data (information) contained therein;

2) non-conformance of a service recipient and (or) the submitted materials, objects, data and information necessary for the provision of public services to the requirements established by regulatory legal acts of the Republic of Kazakhstan;

 3) lack of consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan «On Personal Data and their Protection», for access to restricted personal data required for the provision of public services;

5) non-conformance of the service recipient to the circumstances specified for in paragraph 5 of these Rules.

 

10

Other requirements, taking into account the specifics of the provision of public services, including provided in electronic form and through a state corporation

 For service recipients who, in accordance with the Code of the Republic of Kazakhstan "On the public health and health care system", have partial loss of ability or capacity to care for oneself, move about freely and independently, navigate, there is an opportunity for acceptance of documents for the provision of public services is carried out by an employee of a State Corporation with departure at the place of residence by contacting through a single contact Center 1414, 8 800 080 7777 (when providing services through a State corporation).The service recipient has the opportunity to receive public services in electronic form through an information system on condition of EDS availability The service recipient has the opportunity to receive information on the procedure and status of the provision of public services in remote access mode through a personal account on the portal, as well as a single contact center.

The digital document service is available to users authorized in the mobile application.

To use a digital document, you must be authorized in to the mobile application using an electronic digital signature or a one-time password, then go to the Digital Documents section and select the required document.

 
         

 
 

 

Annex  2
to the Rules for provision of the public service
" Application of out-of-court bankruptcy procedure"

APPLICATION

on termination of the out-of-court bankruptcy procedure
_____________________________________________________________________
(surname, first name, patronymic (if any),

individual identification number (IIN)
___________________________________________________________ (phone number)

       In this application, I ask:

In accordance with paragraph 1 of Article 18 of the Law of the Republic of Kazakhstan

"On restoration of solvency and bankruptcy of citizens of the Republic

Kazakhstan" to terminate the out-of-court bankruptcy procedure initiated

by my application №__ dated _____20__, due to:

____________________________________________________________________

____________________________________________________________________

___________________________________________________________________.

(description of the reason which served as ground for filing an application on termination of the out-of-court bankruptcy procedure)

____________________________________________ _________________

(surname, first name, patronymic (signature, date/ (if any)

data from the electronic digital signature (hereinafter - the EDS),

date and time of signing of an application with the EDS)

 

Annex 2 to the order

Deputy Prime Minister

- The Minister of Finance

of the Republic of Kazakhstan

dated February 28, 2023 No. 218

 

form

 APPLICATION

on application of the out-of-court bankruptcy procedure
____________________________________________________________
(surname, first name, patronymic (if any)

Individual

identification number

(hereinafter – the IIN)

 

 

 

 

 

 

 

 

      __________________________________________________________________________

(address of the place of residence/place of residence – region, district (city),

settlement (village and etc.), street (avenue, lane), house, apartment)

IIN of a spouse):

 

 

 

 

 

 

 

 

 Information on creditors, according to the annex to the application.

      I confirm that:

I meet the conditions for filing an application for recognition of a citizen bankrupt out of court, provided for in Article 5 of the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan", namely:

      1) my debt does not exceed 1600 times the monthly calculation index established by the law on the republican budget and in effect on the date of application;

       2) there is no property on the right of ownership., including earned during marriage;

       3) there is no repayment within twelve consecutive months on the date of application;

      4) procedures have been made to settle and (or) collecting undischarged liabilities under a bank loan agreement and (or) a microcredit contract in accordance with the laws of the Republic of Kazakhstan "On banks and banking activities in the Republic of Kazakhstan" and "On Microfinance activities".

      Additional information:

      1) I receive the state targeted social assistance over the past 6 months;

      2) term of non-fulfillment of obligations is more than 5 (five) years.

      I am aware that:

      from the date of posting information on the portal of the "electronic government" , the following consequences shall occur:

      1) the terms of debt obligations to creditors specified in the application are considered as expired;

       2) it is prohibited to demand performance of the obligations by creditors specified in the application;

3) accrual of penalties (penalty fees, fines) and remuneration for all types of debts to creditors specified in the application is terminated;

4) it is prohibited to assume new monetary or property obligations;

      5) my consent to the receipt by the authorized body of information on property, including common joint property, from state bodies and other bodies and organizations for a period of up to three years preceding the application of the out-of-court bankruptcy procedure is considered granted;

6) recovery of money from banking accounts to meet the demand of creditors is not allowed;

      7) court's judgment on the recovery of debt is suspended;

8) I am aware that my financial condition will be monitored for 3 (three) years before the application of the bankruptcy procedure and during the application of the bankruptcy procedure.

I know the consequences.:

      1) no loan is granted for 5 (five) years;

2) my financial condition will be monitored for 3 (three) years after I was declared bankrupt.

      I have responsibility in accordance with the legislative acts of the Republic of Kazakhstan for the accuracy and completeness of the information provided in the application.

I agree to the notification on decision made  on my application by SMS notification to the phone number specified in the Database of mobile citizens.

I agree to the use of information constituting a secret protected by law contained in information systems.

I agree to an SMS notification send to my spouse to the phone number specified in the Database of mobile citizens to obtain the consent of the spouse to use of information constituting a secret protected by law contained in information systems  that are required for the provision of public services.

      _________________________________________________ _________________

(surname, first name, patronymic (if any) (signature, date/

data from the electronic digital signature (hereinafter - the EDS), date and time of signing of application with the EDS)

Date of application

 

 

 

 

 

 

 

 

Code of state revenue authorities at their place of residence

 

 

 

 

 

 

 

 

      The list of documents attached to the application, which are its integral parts:

1) a list of creditors indicating their name, the amount of debt, location according to the annex to the application approved by Annex 2 to this order;

2) a copy of the document confirming the adoption of measures for settlement and (or) recovery of debt under the bank loan agreement and (or) the microcredit contract.

      _____________________________________________ _________________

(surname, first name, patronymic (if any) (signature, date/ of the official

 accepted the application) data from the EDS, date and time of signing the application with the EDS)

date of receipt of the application.

 

 

 

 

 

 

 

 

number of the incoming document

 

 

 

 

 

 

 

 

       This document according to paragraph 1 of Article 7 of the Law of the Republic of Kazakhstan "On electronic document and electronic digital signature" is equivalent to a document on paper.

      You can verify an authenticity of an electronic document on tazalau.qoldau.kz , as well as in web application of the authorized body's Internet resource.

 

Annex

to the application of the debtor

for the application of the out-of-court bankruptcy procedure

 №

Name of the creditor

(second-tier banks,

branches of a non-resident bank of the Republic of Kazakhstan,

organizations carrying

out certain types of bank

operations,

microfinance institutions,

collection agencies)

Business identification

number

(BIN) of the creditor

The amount of debt ( tenge)

Date

of formation

of arrears

(approximately)

Location of the creditor

 

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Annex 3 to the order of

Deputy Prime Minister

- The Minister of Finance

of the Republic of Kazakhstan

dated February 28, 2023 No. 218

form

      


NOTIFICATION

of refusal to apply the out-of-court bankruptcy procedure

      According to your application №__ dated"__" _____20__ , we inform you about  the refusal to applythe out-of-court bankruptcy procedure in respect of you due to:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________.

The debtor has the right to file resubmitted application for applying the out-of-court bankruptcy procedure by  after excluding the grounds that caused the refusal

to apply the out-of-court bankruptcy procedure, but not earlier than 3 (three)

calendar months following the date of receipt of the refusal in accordance with paragraph 5 of Article 16 of the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic Kazakhstan".

___________________________________________ _____________________

(surname, first name, patronymic (signature, date/ (if any), position, data from an official of the electronic state revenue authority) of the digital signature (hereinafter - the EDS),

date and time of signing the application with the EDS)

 

Annex 4 to the order of

Deputy Prime Minister

- The Minister of Finance

of the Republic of Kazakhstan

dated February 28, 2023 No. 218

form

      

DECISION

on completion of the out-of-court bankruptcy procedure and  declaring the debtor as bankrupt

       In accordance with paragraph 1 of Article 19 of the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic

Kazakhstan" State Revenue Office of  _________________________

State Revenue Department __________________________________

The State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan

announces the completion of the out-of-court bankruptcy procedure in respect of_________________________________________________________________

(Surname, first name, patronymic (if any), individual identification

number (IIN)

and declaring the debtor as bankrupt.

_____________________________________________ ________________

(surname, first name, patronymic (signature, date/ (if any),

position, data from an official of the electronic state revenue authority) of the digital signature (hereinafter - the EDS),

date and time of signing the application with the EDS)

Application of the out-of-court bankruptcy procedure" (a list of basic requirements for the provision of public services is attached)
Дата публикации
11 апреля 2023