Article 51. Seizure and foreclosure of money and property held in a bank of the Law on Banks and Banking Activities in the Republic of Kazakhstan

Home / Laws / Article 51. Seizure and foreclosure of money and property held in a bank of the Law on Banks and Banking Activities in the Republic of Kazakhstan

1. Money and other property of an individual or legal entity held in bank accounts may be seized by courts on the basis of judicial acts and bailiffs on the basis of decisions of bailiffs authorized by the prosecutor, as well as on the basis of decisions of territorial judicial authorities obtained through the state automated information system of enforcement proceedings. Money and other property of an individual or legal entity held in bank accounts may be subject to temporary restrictions on the disposal of property, restrictions on transactions and other transactions with property on the grounds and in accordance with the procedure provided for by the criminal procedure legislation of the Republic of Kazakhstan.

The establishment of temporary restrictions on the disposal of property, restrictions on transactions and other transactions with property, and the imposition of seizure are not allowed.:

1) for money held in bank accounts and (or) electronic money held in electronic wallets of electronic money intended for crediting benefits and social benefits paid from the state budget and (or) the State Social Insurance Fund;

IZPI's note! The second part of paragraph 1 is provided to be supplemented with subparagraph 1-1) in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

1-1) for money held in bank accounts intended for crediting compensation for material damage and providing necessary assistance from the state budget and (or) from charitable organizations to individuals affected by a natural or man-made emergency.;

2) for money held in bank accounts intended for crediting housing payments, lump-sum pension payments from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for medical treatment, target assets, payments of target savings from the unified accumulative pension fund for the purpose of improving housing conditions and (or) paying for education, payments savings from an educational funded contribution or insurance payments under an educational funded insurance contract for the improvement of housing conditions;

2-1) for money held in bank accounts in housing construction savings banks in the form of housing construction savings accumulated through the use of housing payments, lump-sum pension payments from the unified accumulative pension fund in order to improve housing conditions and (or) pay for medical treatment, in the form of payments of targeted savings from the unified accumulative pension fund in order to improve housing conditions and (or) education fees, in the form of payments of savings from an educational savings deposit or insurance payments under an educational savings insurance contract for improving housing conditions, for money held in bank accounts with second-tier banks in the form of savings for major repairs of the common property of a condominium facility, with the exception of penalties based on court decisions in cases of non-fulfillment of obligations under contracts concluded in in order to carry out major repairs of the common property of the condominium facility;

2-2) for money held in a bank account in a housing construction savings bank with the status of a national development institute, intended for crediting payments and subsidies in order to pay for rented housing in a private housing fund;

2-3) for money held in bank accounts in housing construction savings banks in the form of housing construction savings, which are the subject of collateral for bank loans issued;

3) for money deposited on the terms of the notary's deposit;

4) for money held in bank accounts under an agreement on an educational accumulative contribution concluded in accordance with the Law of the Republic of Kazakhstan "On the State Educational Accumulative System";

5) assets of the social health insurance fund and transfers allocated for a guaranteed amount of free medical care held in bank accounts;

5-1) for money held in bank accounts intended for accounting for the money of clients of the investment portfolio manager, for the outstanding obligations of this investment portfolio manager;

5-2) for money held in bank accounts intended to account for the money of the clients of the person performing the functions of the nominee holder, for the unfulfilled obligations of this person performing the functions of the nominee holder;

5-3) for money held in bank accounts for clearing transactions in financial instruments;

6) for money from banks, insurance (reinsurance) organizations, voluntary accumulative pension funds that have been deprived of their licenses by the authorized body and (or) are in the process of compulsory liquidation.;

6-1) for money from branches of non-resident banks of the Republic of Kazakhstan, branches of insurance (reinsurance) organizations of non-residents of the Republic of Kazakhstan who have been deprived of a license by an authorized state body and are in the process of being forcibly terminated;

7) for money held in bank accounts intended for crediting compensation for investment costs, in accordance with the legislation of the Republic of Kazakhstan in the field of public-private partnership;

8) for money held in the current account of a private bailiff, intended for storing the collected amounts in favor of the recoverers;

9) for money held in the bank account of a single operator in the field of public procurement, intended for potential suppliers or suppliers to deposit money as security measures in the framework of participation in public procurement in accordance with the Law of the Republic of Kazakhstan "On Public Procurement".

10) for money held in the bank accounts of a citizen against whom a case has been initiated on the application of the procedure or the procedure has been applied in accordance with the Law of the Republic of Kazakhstan "On the restoration of Solvency and Bankruptcy of citizens of the Republic of Kazakhstan";

11) to the money held in the current account of the financial manager for crediting money in the judicial bankruptcy procedure in accordance with the Law of the Republic of Kazakhstan "On restoration of solvency and Bankruptcy of citizens of the Republic of Kazakhstan".

12) for money held in bank accounts intended for crediting financial assistance provided in accordance with subparagraph 1) paragraph 4 of Article 112 of the Social Code of the Republic of Kazakhstan.

The provision of subparagraph 7) of part two of this paragraph does not apply to restrictions imposed by state revenue authorities, as well as by courts on the basis of judicial acts and bailiffs on the basis of decisions of bailiffs authorized by the prosecutor, for which there are requirements related to the first, second and third queues in accordance with the priority provided for in paragraph 2 of Article 742. The Civil Code of the Republic of Kazakhstan.

The provision of subparagraph 8) of part two of this paragraph does not apply to restrictions imposed by the authorized body in the field of enforcement of enforcement documents, its territorial bodies, on 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 deprived of his license.

When an arrest is made to ensure the execution of an enforcement document on the basis of a resolution of the territorial body of justice in the framework of simplified proceedings obtained through the state automated information system of enforcement proceedings, the amount of money and the value of the property being seized must not exceed the amount specified in the enforcement document.

The decision of the territorial body of justice in the framework of simplified proceedings, obtained through the state automated information system of enforcement proceedings, is not subject to the approval of the prosecutor.

When an arrest is imposed to secure claims, the amount of money to be seized must not exceed the amount of the claim and the amount of the state fee and expenses related to the execution of decisions, verdicts, rulings and court decisions. When an arrest is made by a bailiff to ensure the execution of an enforcement document, the amount of money and the value of the property being seized must not exceed the amount necessary to repay the amount awarded to the recoverer, as well as fines imposed on the debtor during the execution of the enforcement document, the amounts of payment for the activities of a private bailiff and the costs of execution.

At the same time, decisions of bailiffs authorized by the prosecutor may be sent on paper or in electronic form through the state automated information system of enforcement proceedings.

In order to seize money from individuals and legal entities, courts, bodies of inquiry and preliminary investigation, bailiffs, territorial judicial authorities send documents in accordance with the requirements of the legislation of the Republic of Kazakhstan to banks or organizations engaged in certain types of banking operations.

All expenditure transactions on bank (with the exception of correspondent) accounts of a legal entity, its structural divisions, a non-resident operating in the Republic of Kazakhstan through a permanent establishment, an individual registered as an individual entrepreneur, a private notary, a private bailiff, a lawyer and a professional mediator, in cases established by the laws of the Republic of Kazakhstan, may may be suspended by order of the state revenue authorities, and foreclosure may be levied only on the grounds of, provided for by the laws of the Republic of Kazakhstan. 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, may be suspended on the basis of an order from the authorized body in the field of enforcement of executive documents, its territorial bodies.

Transactions on bank accounts of individuals and legal entities are suspended in cases and in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism."

At the same time, orders from state revenue authorities, the authorized body in the field of enforcement of executive documents, and its territorial bodies may be sent to banks or organizations engaged in certain types of banking operations in hard copy or in electronic form via transmission over a telecommunications network or the state automated information system of enforcement proceedings.

The order sent in hard copy must be signed by the first head and stamped by the state revenue authorities or by the head of the structural subdivision of the authorized body in the field of enforcement of executive documents, its territorial bodies and stamped.

The order of the state revenue authorities or the authorized body in the field of enforcement of executive documents, its territorial bodies, sent in electronic form, is formed in accordance with the formats established by the authorized state bodies in coordination with the National Bank of the Republic of Kazakhstan.

1-1. Banks refuse to execute acts on temporary restriction on the disposal of property held by the bank in the absence of the consent of the prosecutor in accordance with the requirements of the criminal procedure legislation of the Republic of Kazakhstan.

Banks refuse to execute acts of seizure in the absence of the amount to be seized and (or) the absence of approvals or sanctions provided for by the criminal procedure legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

2. The confiscation of money and other property of an individual and a legal entity held in a bank, with the exception of pension assets, assets of the social health insurance fund and transfers allocated for a guaranteed amount of free medical care, may be carried out only on the basis of a court decision (verdict) that has entered into legal force.

The Law of the Republic of Kazakhstan dated August 31, 1995 No. 2444.

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