Article 239. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting of the Code of Administrative Offences of the Republic of Kazakhstan
1. Violation of the legislation of the Republic of Kazakhstan on accounting and financial reporting by a legal entity committed in the form of:
1) avoidance of accounting;
2) submitting knowingly unreliable financial statements, refusing to submit financial statements, submitting them in violation of the established deadline or failing to submit them without a valid reason to the founders (participants) of organizations in accordance with the constituent documents, to the authorized body in the field of state statistics at the place of registration, to state control and supervision bodies in accordance with their competence, to the depository of financial reporting;
3) preparation of distorted financial statements, concealment of data to be reflected in accounting, as well as destruction of accounting documentation;
4) signing of financial statements by the chief accountant of a public interest organization who is not a professional accountant, –
entails a fine for small businesses or non–profit organizations in the amount of one hundred, for medium–sized businesses - in the amount of two hundred, for large businesses - in the amount of five hundred monthly calculation indices.
2. The act provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, –
entails a fine for small businesses or non–profit organizations in the amount of two hundred, for medium–sized businesses - in the amount of four hundred, for large businesses - in the amount of one thousand monthly calculation indices.
3. Conducting transactions without proper reflection of their results in accounting by financial organizations, branches of non–resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non–residents of the Republic of Kazakhstan, branches of insurance brokers of non–residents of the Republic of Kazakhstan –
entails a fine in the amount of twenty percent of the amount that was not taken into account, but not less than one hundred and not more than four thousand monthly calculation indices.
4. Accounting by financial organizations, branches of non–resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non–residents of the Republic of Kazakhstan, branches of insurance brokers of non–residents of the Republic of Kazakhstan in violation of the requirements established by the legislation of the Republic of Kazakhstan on accounting and financial reporting, and accounting methods (principles), which led to a distortion of the financial statements of financial organizations and reporting of bank branches – non–residents of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations that are non–residents of the Republic of Kazakhstan, branches of insurance brokers that are non-residents of the Republic of Kazakhstan according to accounting data, –
entails a fine of up to five percent of the amount that was improperly accounted for, but not less than one hundred and not more than four thousand monthly calculation indices.
5. Failure or late submission of reports on their activities to the authorized body by accredited professional organizations of accountants and (or) organizations for professional certification of accountants in accordance with the procedure established by the legislation of the Republic of Kazakhstan –
they entail a fine on legal entities in the amount of one hundred and fifty monthly calculation indices.
Note. A distortion of financial statements and accounting statements for the purposes of parts one, two and four of this article is recognized as a distortion in the amount of more than one hundred monthly calculation indices.
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