Application of rehabilitation procedures by business entities experiencing financial difficulties in accordance with the procedure provided for by law.
1) companies included in the list of business entities who need to provide advice formed a Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – SRC) on the basis of data information systems, the akimats and "Atameken»;
2) enterprises that independently applied to the Departments of state revenue for the regions and the cities of Nur-Sultan, Almaty, Shymkent (hereinafter – DGD) for consulting assistance.
Those wishing to receive assistance in the application of rehabilitation, first of all, assistance will be provided and attention will be paid to enterprises that have a large staff of employees, engaged in the production and processing of goods, materials, products, raw materials, as well as performing seasonal activities.
ALGORITHM OF ACTIONS TO PROVIDE ASSISTANCE:
1) consulting the representatives of business entities who have applied about the procedure, advantages, and legal requirements for the application of rehabilitation.
During the consultation, it will be brought to the attention of entrepreneurs that the application of rehabilitation is carried out on the basis of a court decision.the task of the DGA and administrators is to provide consulting, legal, methodological and other assistance for the positive resolution of the issue of the use of rehabilitation by enterprises that are able to restore their solvency.
Regarding the advantages of using the rehabilitation procedure, it is necessary to note the consequences provided for in articles 50 and 68 of the law "on rehabilitation and bankruptcy", in terms of suspending the accrual of penalties, penalties, recovery of money, suspension of execution of decisions, lifting restrictions on property and accounts, as well as obtaining the ability to repay existing debts during the rehabilitation procedure, which can be up to 5 years.
It is necessary to explain the procedure for submitting documents for analysis, evaluation of financial and economic activities, the procedure for making an application and attaching documents, the procedure for considering an application in court and making a decision, drawing up an opinion, and so on;
2) assessment of the prospects for filing an application to the court for the application of rehabilitation (if the applicant himself strongly does not want to apply to the court for the application of rehabilitation)
- study of documents submitted by enterprises, including accounting documents;
- preliminary calculation of financial indicators and determination of the financial stability class of the enterprise;
in the case of class III-the debtor works with creditors to obtain consent to the use of rehabilitation, in the presence of which the court can make a decision on the use of rehabilitation even if the enterprise is classified as class 3 (paragraph 1. article 59 of the law);
in the case of class II — preparation of the relevant application, documents and preliminary rehabilitation plan (for clarity of creditors and the court prospects for restoring solvency);
- participation of DGA employees and administrators who provided consulting assistance in a court case on the application of rehabilitation;
- consultation of representatives of business entities on the procedure for developing a rehabilitation plan, its approval with creditors and further implementation of the rehabilitation procedure;
- consulting on the procedure for applying rehabilitation and assistance from the DGA to enterprises included in the list of DGA, is carried out on an initiative by calling the contact numbers of station and mobile phones, sending letters and other methods.
Attention! the decision to apply to the court for the application of rehabilitation must be made by the business entity independently, since refusal to apply for rehabilitation may lead to the impossibility of re-applying to the court with a similar requirement (paragraph 1 of article 48 of the law).
It is also necessary, in the event of an unjustified court decision to refuse to apply the rehabilitation procedure in respect of an enterprise that wants to restore its solvency and has a reason to do so, to provide assistance in advising on the procedure for appealing such a judicial act and, if necessary, to participate in proceedings in higher courts.
Important! Perhaps, when considering the issue of applying to the court for the use of rehabilitation or approving a rehabilitation plan, there will be difficulties with creditors who do not want to apply for rehabilitation and agree on a rehabilitation plan by the business entities that applied.
If there is a reason and the possibility of restoring solvency by the business entity that applied to reach a consensus with creditors, it is also necessary to conduct explanatory work with such creditors in terms of the fact that failure to apply rehabilitation will lead to bankruptcy, which means that the probability of collecting money from the debtor will be small.
Rehabilitation will allow the company to continue working and earn income.
To assist in working with creditors, it is recommended to apply for assistance to NCE "Atameken", akimats, state bodies, head offices of the STB and others.
PROCEDURE FOR INTERACTION OF REPRESENTATIVES OF BUSINESS ENTITIES WITH EMPLOYEES OF THE DGA AND ADMINISTRATORS
- all meetings of DGA employees and administrators with business entities who have applied for consulting assistance must be carried out online. For fruitful work, each region chooses a convenient interaction platform: zoom, skype, webex, whats app, and so on.
- exchange of documents and sending of documents to the business entities that have applied is carried out by means of e-mail, messengers and other methods that exclude non-compliance with social distancing.