Regulation of the procedure for selection of a bankrupt manager in case the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting

Chapter 1. General provisions

1.These Regulations for the selection of a bankruptcy manager, if the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting (hereinafter -the Regulations) have been developed by subparagraph 2) of Article 15 of the Law of the Republic of Kazakhstan dated March 7, 2014 "On Rehabilitation and Bankruptcy" (hereinafter– The Law) and determine the procedure for the selection a bankrupt manager if the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting..

2.The following concepts are used in these Regulations:

1) debtor - an individual registered as an individual entrepreneur (hereinafter -to the individual entrepreneur), or a legal entity in respect of which there are grounds for applying or procedures provided for by the Law.;

2) creditor – territorial state revenue authorities having claims against a debtor arising from the debtor's obligations to pay taxes, customs duties, special, anti-dumping, countervailing duties, interest, and other obligatory payments to the budget, if they are the only creditors or have more than fifty percent of the votes at the creditors' meeting

3) The authorized body - the territorial state revenue bodiesrepresented by the departments of state revenue for regions, cities of republican significance, and the capital..

Chapter 2. Formation of groups of administrators to be selected as a bankruptcy manager

3.In order to determine administrators to be selected as a bankruptcy manager, the authorized body shall form the following groups:

Group 1 – administrators not previously conducted bankruptcy proceedings, as well as elected as bankruptcy administrators of debtors;

group 2 – administrators not engaged in conducting bankruptcy proceedings, as well as not bankruptcy administrators of debtors;

group 3 – administrators engaged in conducting bankruptcy proceedings, as well as bankruptcy managers of one or more debtors.

The authorized body shall maintain a list of administrators to be selected as bankruptcy managers, indicating the groups to which the administrators belong and bankruptcy manager, as well other information according to the Annex 1 to these Regulations.

The lists of administrators to be selected as bankruptcy administrators are posted on the Internet resource of the authorized body and updated as administrators are appointed (elected) as bankruptcy administrators.

Chapter 3. The procedure for selection of a bankruptcy manager

4.Selection of the bankruptcy administrator is carried out by the creditor from the persons included in the register of notifications of persons authorized to carry out the activities of the administrator, whose residence address is located in the relevant regions, cities of republican significance and the capital in which the debtor is registered.

5.The bankrupt manager is selected from the administrators included in Group 1.

If there are several administrators in group 1, the person with the least work experience as an administrator is elected as the bankruptcy administrator.

6.In case of refusal to appoint or if they are no administrators in group 1, the bankrupt manager is selected from the administrators in group 2.

If there are several administrators in group 2, the bankruptcy administrator is the person completed the fewest bankruptcy procedures during the calendar year in which the application for declaring the debtor bankrupt is filed.

If the application for declaring the debtor bankrupt is filed in the first quarter of the calendar year, the bankruptcy administrator is the person completed the fewest bankruptcy procedures in the year preceding the year in which the application for declaring the debtor bankrupt was filed.

If the number of completed procedures coincides, the person with the least work experience as an administrator is elected as the bankrupt manager of the debtor.

7.In case of refusal to appoint or if there are no administrators in group 2, the bankrupt manager is selected from among the administrators in group 3.

If there are several administrators in group 3, the person with the least number of productions is elected.

If the number of productions coincides, the administrator with the least work experience as an administrator is elected as the bankruptcy administrator.

8.When choosing a bankrupt manager, the creditor does not consider persons affiliated with the debtor according to the Article 9 of the Law.

9.The authorized body conducts an audit for compliance with the requirements of the Law, legislative acts, as well as these Regulations within three working days from the date of submission of the person selected by the creditors' meeting as a bankruptcy manager.

If there are circumstances preventing the appointment of a bankruptcy manager in the cases provided for in paragraph 5 of Article 12 of the Law, or non-compliance with the Rules of Procedure for the selection of a bankruptcy manager established by this chapter, the authorized body, within two working days from the date of identification, sends a reasoned refusal to the creditor to appoint an elected person as a bankruptcy manager.

10.If the authorized body refuses to appoint an elected person as a bankruptcy manager on the grounds provided for in paragraph 10 of these Regulations, the creditor is required to elect another person to be appointed as a bankruptcy trustee in accordance with the procedure established by this chapter, without taking into account the person in respect of whom the refusal was received no later than two working days from the date of receipt of a reasoned refusal,

11.The authorized body appoints a person selected by the creditors' meeting by issuing an order.

The order on the appointment of a bankruptcy manager is issued within five working days from the date of submission of the minutes of the creditors' meeting.

12.The order on the appointment of a bankruptcy manager is issued in two copies and signed by the head of the authorized body or a person acting in his place, and certified by a seal.

One copy of the order is handed over to the bankruptcy manager on purpose under sign receipt of the second copy of the order, the second copy of the order is kept in the authorized body.

13.The bankrupt manager is considered to exercise his powers from the date of issuing the appointment order.

14.The authorized body forms list of administrators appointed as bankruptcy administrators (hereinafter - the Lists) if the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting in accordance with Annex 2 to these Regulations.

The lists are updated as bankruptcy administrators are appointed and posted on the Internet resource of the authorized body.

Information on appointed bankruptcy administrators is excluded from the Lists after the court ruling on approval of the final report on debtors to whom this bankruptcy administrator has been appointed comes into force.

Annex1
to the Regulation for the Election of a bankruptcy manager,
if the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting.
form

The list of administrators to be selected as a bankruptcy manager in case the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting

№

Region

Last
  name, first name, patronymic
  (if it
  is indicated in the identity
  document) of an administrator

Individualidentification
  number of an administrator

Date of inclusion in the register
  of notifications of persons authorized
  to perform the activities of the administrator

Work experience as an administrator (in years)

The
  number of debtors in
  respect of whom rehabilitation
  or bankruptcy
  proceedings are conducted

The
  number of debtors for
  whom rehabilitation or bankruptcy
  proceedings have been completed in the current
  (previous) year

The
  number of debtors in
  which the administrator is a temporary
  manager, temporary administrator
  or bankrupt
  manager

Group 1

1

2

Group2

1

2

Group3

1

2

Annex 2

to the Regulation for the Election of a bankruptcy manager,

if the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting.
form

The list of administrators appointed as bankruptcy administrators, selection of the bankruptcy administrator, if the territorial state revenue authorities are the only creditors or have more than fifty percent of the votes at the creditors' meeting

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