Article 123. Accounting of amounts in the cash control accounts of the temporary placement of money and the current account of the Law on Enforcement Proceedings and the Status of Bailiffs

Home / Laws / Article 123. Accounting of amounts in the cash control accounts of the temporary placement of money and the current account of the Law on Enforcement Proceedings and the Status of Bailiffs

1. The territorial body shall keep records of the amounts on the control accounts of cash for temporary placement of money in national and foreign currencies in accordance with the budget legislation of the Republic of Kazakhstan.

2. Excluded by the Law of the Republic of Kazakhstan dated 26.06.2020 No. 349-VI (effective ten calendar days after the date of its first official publication).

3. Unclaimed money recovered from debtors and other amounts intended for interested parties, including reimbursement of expenses, stored in the cash control account of a territorial body, the current account of a private bailiff, intended for storing the recovered amounts in favor of the recoverers, after five years from the date of transfer to these accounts, shall be transferred to The budget is based on a judicial act submitted by a territorial body or a private bailiff.

4. The suspension of spending operations on a current account intended for storing recovered amounts in favor of recoverers, a private bailiff whose license has been suspended or terminated or who has been stripped of his license, as well as expelled from the members of the Republican Chamber, is carried out on the basis of an order of the authorized body in the manner and in the form established by the authorized body in coordination with the National Bank. Of the Republic of Kazakhstan.

5. The authorized body or its territorial bodies shall send the order specified in paragraph 4 of this Article to second-tier banks or organizations engaged in certain types of banking operations on paper or in electronic form through the state automated digital enforcement system. Such an order is subject to mandatory execution by second-tier banks and organizations engaged in certain types of banking operations.

The order of the authorized body or its territorial bodies to suspend spending operations on the current account of a private bailiff intended for storing the collected amounts in favor of the recoverers is canceled by the body that issued this order.

6. A private bailiff to whom enforcement proceedings have been transferred in accordance with this Law in order to transfer money from a current account intended for storing recovered amounts in favor of recoverers, a private bailiff whose license has been suspended or terminated or who has been deprived of his license, to his current account intended for storing recovered amounts in favor of The following documents are submitted to the bank or an organization engaged in certain types of banking operations.:

1) the decision of the authorized body to suspend or terminate or revoke the license of a private bailiff;

2) the decision of the regional chamber of private bailiffs on the transfer of enforcement proceedings to another private bailiff, containing the surname, first name, patronymic (if it is indicated in the identity document) and the individual identification number of the private bailiff, as well as his license number;

3) a payment document executed and presented in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

A bank or an organization engaged in certain types of banking operations, after the withdrawal by the authorized body or its territorial body of an order to suspend spending operations (if any), transfers money from a current account intended to store the collected amounts in favor of the recoverers, a private bailiff whose license has been suspended or terminated or who has been deprived of his license, to a current account intended for storing the collected amounts in favor of the recoverers, a private bailiff, to whom the enforcement proceedings have been transferred, and closes the current account.

The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

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Republic of Kazakhstan

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