Article 45. Documents attached to the application of the creditor of the Law on Rehabilitation and Bankruptcy

Home / Laws / Article 45. Documents attached to the application of the creditor of the Law on Rehabilitation and Bankruptcy

1. The documents confirming the following shall be attached to the creditor's application for declaring the debtor bankrupt::

1) payment of the state duty in accordance with the established procedure and amount;

2) sending copies of the creditor's application and the documents attached to it to the debtor and the authorized body;

3) the debtor's obligations to the creditor, as well as the existence and amount of arrears on these obligations;

4) the validity of the creditor's claims (enforcement documents, court decision, or written recognition by the debtor of the creditor's claim);

5) excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 290-VI (effective ten calendar days after the date of its first official publication);

6) other circumstances (if any) on which the creditor's application is based.

A copy of the agreement on the exercise of the powers of the interim administrator concluded between the creditor and the person authorized to carry out the activities of the administrator is attached to the creditor's application.

If the applicant is a creditor of taxes and customs payments or a government agency or a legal entity with the participation of the state, an agreement on the exercise of the powers of the interim administrator is not concluded.

2. Excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 290-VI (effective ten calendar days after the date of its first official publication).

3. The application of the creditor (creditors) for the application of the rehabilitation procedure is accompanied by documents confirming:

1) payment of the state duty in accordance with the established procedure and amount;

2) sending to the debtor a copy of the application and the documents attached to it;

3) the debtor's obligations to the creditor, as well as the existence and amount of arrears on these obligations;

4) excluded by the Law of the Republic of Kazakhstan dated 04/22/2015 No. 308-V (effective ten calendar days after the date of its first official publication);

5) other circumstances (if any) on which the creditor's application is based.

4. The application of the agent bank acting on behalf of and in the interests of the participants of the creditors' syndicate is accompanied by the decision of such participants to apply to the court for declaring the debtor bankrupt or applying a rehabilitation procedure, adopted in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on project financing and securitization.

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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