Application of the out-of-court bankruptcy procedure

On approval of the Rules and forms of public service provision "Application of out-of-court bankruptcy procedure"

Order of the Deputy Prime Minister - Minister of Finance of the Republic of Kazakhstan dated February 28, 2023 No. 218. Registered with the Ministry of Justice of the Republic of Kazakhstan on February 28, 2023 No. 31976.

In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" and subparagraph 1) of Article 9, paragraph 4 of Article 16 and paragraph 1 of Article 19 of the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan" I ORDER:

Approve:
1) Rules for the provision of public services "Application of out-of-court bankruptcy procedure" according to Appendix 1 to this Order;

2) the debtor's application form for the application of the out-of-court bankruptcy procedure in accordance with Annex 2 to this order;

3) the form of notification of refusal to apply the out-of-court bankruptcy procedure in accordance with Annex 3 to this order;

4) the form of the decision on the completion of the out-of-court bankruptcy procedure and the recognition of the debtor as bankrupt in accordance with Annex 4 to this order.

The State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan in accordance with the procedure established by the legislation of the Republic of Kazakhstan to provide:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of the Legal Service of the Ministry of Finance of the Republic of Kazakhstan of information on the implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.

This order comes into force on March 3, 2023 and is subject to official publication.

Rules for the provision of public services "Application of out-of-court bankruptcy procedure" Chapter 1. General provisions 1. These Rules for the provision of public services "Application of out–of–court bankruptcy procedure" (hereinafter - the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services" (hereinafter - the Law on Public Services) in the implementation of Articles 5, 16, 17, 18 and 19 of the Law of the Republic of Kazakhstan "On restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan" (hereinafter – the Law) and determine the procedure for the provision of public services "Application of the procedure of extrajudicial bankruptcy" (hereinafter – the public service). 2. The state service is provided to an individual – a citizen of the Republic of Kazakhstan (hereinafter referred to as the service recipient, debtor). 3. The list of basic requirements for the provision of public services "Application of the procedure of extrajudicial bankruptcy" is set out in Appendix 1 to these Rules. 4. In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services, the service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of the provision of Public Services in accordance with the Rules for entering data into the information system for monitoring the provision of public services on the stage of the provision of public services, approved by the Order of the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013 No. 452 (registered in the Register of State Registration of Regulatory Legal Acts under No. 8555). When making changes and (or) additions to these Rules, the service provider sends information about such changes and (or) additions to the non–profit Joint Stock Company "State Corporation "Government for Citizens" (hereinafter - the State Corporation), the operator of the information and communication infrastructure of "electronic government", to the Unified Contact Center within 3 (three) working days after the state registration in the judicial authorities of the relevant regulatory legal act. 5. The grounds for filing a debtor's application for the application of an out-of-court bankruptcy procedure (hereinafter – Application) in the form approved by Annex 2 to this Order in accordance with Article 5 of the Law are the existence of obligations to second-tier banks, branches of a non-resident bank of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, organizations engaged in microfinance activities, or collection agencies not exceeding 1600 times the monthly calculation index, established by the law on the republican budget and effective on the date of filing the application, and compliance in aggregate with the following conditions: 1) the absence of property on the right of ownership, including property that is in common ownership; 2) there is no repayment for the obligations to creditors specified in the application within twelve consecutive months as of the date of filing such an application; 3) procedures have been carried out with respect to the debtor to settle and (or) recover unfulfilled obligations under a bank loan agreement and (or) a micro-loan agreement in accordance with the laws of the Republic of Kazakhstan "On Banks and Banking Activities in the Republic of Kazakhstan" and "On Microfinance activities"; 4) non-application of the out-of-court or judicial bankruptcy procedure for 7 (seven) years as of the date of filing the application. Regardless of the conditions set forth in subparagraph 2) according to this paragraph, the service recipient submits an Application if he is the recipient of state targeted social assistance within 6 (six) months preceding the date of filing the application. Regardless of the conditions established by this paragraph, the service recipient submits an Application if the period of default is more than 5 (five) years as of the date of filing the application. Chapter 2. The procedure for the provision of public services 6. Acceptance of the Application and issuance of the result of the provision of public services are carried out: 1) through a state corporation; 2) through the "electronic government" web portal www.egov.kz (hereinafter referred to as the portal); 3) through the web application of the Internet resource of the authorized body (hereinafter referred to as the web application). 7. In order to receive a public service, the Service Recipient submits an Application and the following documents: 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 acceptance by the service recipient of measures for the settlement and (or) debt collection under the bank loan agreement and (or) the micro-loan agreement. The documents confirming the procedure specified in this subparagraph are the responses of a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan, an organization engaged in certain types of banking operations, and (or) an organization engaged in microfinance activities, on refusal to change the terms of a bank loan agreement and (or) a micro-loan agreement, indicating a reasoned justification of the reasons for the refusal. If a second-tier bank, a branch of a non-resident bank of the Republic of Kazakhstan, an organization engaged in certain types of banking operations, and (or) an organization engaged in microfinance activities does not provide a response to the debtor's application, the document confirming the procedure provided for in this subparagraph is a copy of the debtor's application or confirmation of sending the application in electronic format to second-tier banks, branches of a non-resident bank of the Republic of Kazakhstan, organizations engaged in certain types of banking operations, and (or) organizations engaged in microfinance activities. The reclamation of documents and information available in information systems from service recipients is not allowed. 8. When a service recipient provides a full package of documents provided for in paragraph 7 of these Rules through a State Corporation, an employee of the State Corporation issues a receipt with a barcode assigned by the monitoring information system for the receipt of relevant documents from the applicant, which indicates the list of accepted documents, surname, first name and patronymic (if any) of the employee who accepted The Application, the date and time of submission of the Application, as well as the date of issue of the finished documents. The documents accepted by the State Corporation are sent to the service provider through courier communication, and (or) postal communication, and (or) through an information system. When providing a public service through a State Corporation, the day of receipt of the Application and documents is not included in the deadline for the provision of public services. When the service recipient submits through the portal and (or) the web application a complete package of documents provided for in paragraph 7 of these Rules, the service recipient is sent the status of acceptance of the request for the provision of public services. When a service recipient provides an incomplete package of documents provided for in paragraph 7 of these Rules through a State Corporation, an employee of the State Corporation refuses to accept documents, and issues a receipt for refusal to accept documents for the provision of public services, indicating the missing document. 9. If the service recipient complies with the circumstances provided for in paragraphs 5 and 7 of these Rules, within 15 (fifteen) working days from the date of submission of the Application by the service provider, information about the service recipient is posted on the portal. The term of the out-of-court bankruptcy procedure by the service provider is 6 (six) months from the date of posting on the portal of the information specified in part one of this paragraph. If the grounds for refusal to provide a public service are identified, the service provider notifies the applicant of the preliminary decision to refuse to provide a public service, as well as the time, date and place (method) of the hearing to be able to express the applicant's position on the preliminary decision. The notification of the hearing is sent at least 3 (three) working days before the end of the term for the provision of public services in accordance with Article 73 of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan (hereinafter - the APPC RK). The hearing is held no later than 2 (two) working days from the date of notification. Following the results of the hearing, information about the service recipient is posted on the portal, or a reasoned refusal to provide a public service is provided in accordance with Annex 3 to this order: 1) when accessing the portal and/or web application - in the form of an electronic document certified by an electronic digital signature (hereinafter – EDS) of an official of the service provider; 2) when applying to a State corporation – on paper, signed by an official of the service provider. In the State Corporation, the issuance of ready-made documents to the service recipient is carried out in accordance with the work schedule of the State Corporation upon presentation of identity documents or an electronic document from the digital documents service (for identification) or its representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which specifies the relevant powers of the representative. In accordance with paragraph 5 of Article 16 of the Law, the service recipient submits the Application again after the exclusion of the grounds that caused the refusal to apply the out-of-court bankruptcy procedure, but not earlier than 3 (three) months after the date of receipt of the refusal.
Дата публикации
10 августа 2023