Article 42. Documents attached to the application of the debtor of the Law on Rehabilitation and Bankruptcy
1. The debtor's application for declaring him bankrupt shall be accompanied by documents confirming:
1) payment of the state duty in accordance with the established procedure and amount;
2) stable insolvency, which is the basis for the debtor's application for declaring him bankrupt in accordance with paragraph 1 of Article 5 of this Law.;
3) other circumstances on which the debtor's application is based.
2. The debtor's application for declaring him bankrupt is also accompanied by:
1) the decision of the debtor individual entrepreneur, the owner of the property (the body authorized by him), the founder (participant) of the debtor legal entity, which is the basis for the debtor's application to the court for declaring him bankrupt;
2) financial statements as of the date of filing the application and for the three previous years, a list of all creditors and debtors (individual identification number or business identification number, surname, first name, patronymic (if indicated in the identity document) and (or) full name, legal address) indicating the amounts and date of formation the corresponding debt;
3) minutes of the meeting (conference) of creditors on remuneration (if there are such creditors), at which their representative was elected by secret ballot to participate in the bankruptcy case.;
4) copies of the constituent documents;
5) the conclusion of the authorized body exercising management in the fields of natural monopolies, submitted by it within a period not exceeding seven working days from the date of receipt of the debtor's written notification of applying to the court for declaring him bankrupt, if the debtor is a natural monopoly entity;
6) excluded by the Law of the Republic of Kazakhstan dated December 28, 2016 No. 34-VI (effective from 01.01.2017);
7) information on claims against the debtor accepted for production by the courts, applications for a court order, as well as on claims submitted for undisputed (non-acceptance) write-off;
8) a copy of the agreement on the exercise of the powers of the interim administrator concluded between the debtor and the person authorized to carry out the activities of the administrator.
3. The minutes of the creditors' meeting, as well as the conclusion that the debtor belongs to financial stability class III and there are grounds for declaring him bankrupt, are attached to the rehabilitation manager's application for termination of the rehabilitation procedure, declaring the debtor bankrupt and liquidating him with the initiation of bankruptcy proceedings.
4. Documents confirming the application of the rehabilitation procedure are attached to the debtor's application.:
1) payment of the state duty in accordance with the established procedure and amount;
2) temporary insolvency, which is the basis for the debtor's application for a rehabilitation procedure in accordance with paragraph 1 of Article 5-1 of this Law.;
3) other circumstances on which the debtor's application is based.
5. The debtor's application for the rehabilitation procedure is also accompanied by:
1) the decision of the debtor individual entrepreneur, the owner of the property (the body authorized by him), the founder (participant) of the debtor legal entity, which is the basis for the debtor's application to the court for the application of the rehabilitation procedure;
2) financial statements as of the date of filing the application and as of the beginning of the year in which the application was submitted, as well as, in the case provided for by this Law, as of the beginning of the year preceding the year of filing the application, a list of all creditors and debtors (individual identification number or business identification number, surname, first name, patronymic (if indicated in the identity document) and (or) full name, legal address) indicating the amounts and date of formation of the corresponding debt;
3) information on claims accepted by the courts against the debtor, as well as on claims submitted for undisputed (non-acceptance) write-off;
4) copies of the constituent documents;
5) a copy of the agreement on the exercise of the powers of the temporary administrator concluded between the debtor and the person authorized to carry out the activities of the administrator.
6. In the case provided for in paragraph 4 of Article 95-1 of this Law, the debtor's application for the rehabilitation procedure shall also be accompanied by:
1) a rehabilitation plan agreed upon in accordance with the procedure provided for in Article 95-1 of this Law;
2) minutes of the creditors' meeting on the approval of the rehabilitation plan;
3) the conclusion of the bankruptcy trustee on the financial stability of the debtor, taking into account the implementation of measures provided for in the rehabilitation plan.
The Law of the Republic of Kazakhstan dated March 7, 2014 No. 176-V SAM.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 23, 2026, No. 352-VIII 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.
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Republic of Kazakhstan
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