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Home / RLA / Article 48. Guarantees of creditors' rights of a legal entity during its reorganization of the Civil Code of the Republic of Kazakhstan

Article 48. Guarantees of creditors' rights of a legal entity during its reorganization of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 48. Guarantees of creditors' rights of a legal entity during its reorganization of the Civil Code of the Republic of Kazakhstan

     1. The owner of the property of a legal entity or the body that made the decision to reorganize the legal entity is obliged to notify the creditors of the reorganized legal entity in writing. The deadline for filing claims may not be less than two months from the date of receipt of notifications by creditors of the reorganized legal entity.

     2. In case of division and separation, the creditor of the reorganized legal entity has the right to demand early termination of the obligation under which this legal entity is the debtor and compensation for losses.

     3. If the separation balance sheet does not make it possible to determine the legal successor of the reorganized legal entity, or if the legal successor does not have enough property to fulfill obligations that arose before the reorganization, the newly formed legal entities, as well as the legal entity from which another legal entity was separated, are jointly and severally liable for the obligations of the reorganized legal entity to its creditors.

 

 

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Assigning the obligation to pay capitalized payments to the state due to the absence or insufficiency of property of a liquidated legal entity is one of the ways to ensure the rights of a citizen to social security guaranteed by Article 28 of the Constitution of the Republic of Kazakhstan in case of illness, disability, loss of breadwinner

Assigning the obligation to pay capitalized payments to the state due to the absence or insufficiency of property of a liquidated legal entity is one of the ways to ensure the...

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