Article 100. The order of distribution of the estate The Law on Rehabilitation and Bankruptcy

Home / Laws / Article 100. The order of distribution of the estate The Law on Rehabilitation and Bankruptcy

1. Administrative and judicial expenses are covered out of turn at the expense of the bankrupt's property.

Administrative expenses related to the bankruptcy procedure include the basic remuneration of administrators, the cost of paying for the services of the specialists involved, and the remuneration of persons working under an employment contract, whose obligation to pay arose from the date and during the period after the initiation of bankruptcy proceedings.

Administrative expenses also include taxes and other mandatory payments to the budget calculated by the debtor according to tax reports, accrued by the state revenue authority based on the results of tax audits, for tax periods following the tax period in which the court's decision on declaring bankruptcy and its liquidation entered into force with the initiation of bankruptcy proceedings.

The money received into the bankrupt's estate as a result of the execution of a judicial act on bringing the founder (participant) and (or) an official to subsidiary liability is subject to transfer to satisfy creditors' claims. Repayment of administrative expenses at the expense of such money is not allowed.

2. First of all, claims for compensation for damage caused to life or health are satisfied; for the recovery of alimony; for remuneration and compensation to persons who worked under an employment contract, with the payment of arrears in social contributions to the State Social Insurance Fund, mandatory pension contributions, mandatory professional pension contributions, deductions and (or) contributions to compulsory social health insurance; payment of remuneration to authors for official inventions, utility models, and industrial designs.

The repayment of the claims of the first stage is carried out in the order of priority set out in this paragraph.

If the property is insufficient to repay creditors' claims for compensation for damage caused to life or health, the property is distributed among creditors in proportion to the amounts of their claims included in the register. The provisions of this part apply to the repayment of creditors' claims for the recovery of alimony, wages and compensation to persons who worked under an employment contract, with the payment of arrears in social contributions to the State Social Insurance Fund, mandatory pension contributions, mandatory occupational pension contributions, deductions and (or) contributions to compulsory social health insurance, payment of remuneration to authors for service inventions, utility models, and industrial designs.

3. Secondly, the claims of collateral creditors are satisfied in the cases provided for in paragraph 7 of Article 104-1 of this Law, the claims that arose as a result of the receipt of a loan by the bankrupt administrator during the bankruptcy procedure, as well as the claims of the clearing organization performing the functions of the central counterparty, which arose as a result of previously concluded and not executed by the bankrupt, who is a clearing participant in this clearing organization, transactions involving a central counterparty, and creditors' claims on digital financial assets, secured by a pledge of property.

4. In the third turn, tax arrears are repaid, as well as arrears on customs payments, special, anti-dumping, countervailing duties, and interest.

5. In the fourth stage, settlements are made with other creditors on civil and other obligations, as well as creditors' claims that have arisen.:

1) in the case provided for by the third paragraph of paragraph 6 of Article 104-1 of this Law;

2) from copyright agreements that are not part of the first stage;

3) as a result of the court's decision to declare the transaction invalid and return the property to the bankrupt's estate.

6. The fifth priority is to satisfy creditors' claims for damages and penalties (fines, penalties), as well as for remuneration and compensation in accordance with paragraphs 5 and 6 of Article 102 of this Law.

7. The sixth priority is to satisfy creditors' claims filed later than the deadline set by the first part of paragraph 3 of Article 90 of this Law, with the exception of claims for compensation for damage caused to life or health; for the recovery of alimony; for remuneration and compensation to persons who worked under an employment contract, with payment of arrears in social contributions to the State Social Insurance Fund, mandatory pension contributions, mandatory professional pension contributions, deductions and (or) contributions to compulsory social health insurance; for payment of remuneration to authors for an official invention, utility model, industrial design.

The Law of the Republic of Kazakhstan dated March 7, 2014 No. 176-V SAM.

This Law regulates public relations arising from the debtor's inability to satisfy creditors' claims in full, establishes the grounds for applying debt restructuring procedures, rehabilitation procedures and declaring the debtor bankrupt, liquidating the debtor without initiating bankruptcy proceedings, and also defines the procedure and conditions for their conduct.

President

Republic of Kazakhstan

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