Article 58. Foreclosure on sums of money and other property of the debtor held by other persons The Law on Enforcement Proceedings and the Status of Bailiffs

Home / RLA / Article 58. Foreclosure on sums of money and other property of the debtor held by other persons The Law on Enforcement Proceedings and the Status of Bailiffs

1. When foreclosing on sums of money, as well as other property of the debtor held by other persons, the bailiff shall seize them and take measures for compulsory recovery.

2. Recovery of the debtor's monetary amounts held in banks or organizations engaged in certain types of banking operations is carried out by issuing a collection order by a territorial body through the state automated information system of enforcement proceedings or by a bailiff. When sending a collection order in hard copy, copies of enforcement documents certified by the seal of a private bailiff or a territorial department are attached to the collection order. The private bailiff is responsible for the accuracy of a copy of the enforcement document, and the head of the territorial department is the senior bailiff.

Foreclosure on:

1) 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 2 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) 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) 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 of savings from an educational funded contribution or insurance payments under an educational funded insurance contract for the improvement of housing conditions;

2-1) 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;

3) 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 for the purpose of improving housing conditions and (or) paying for medical treatment, in the form of targeted savings payments from the unified accumulative pension fund for the purpose of improving housing conditions; conditions and (or) payment for education, in the form of payments of savings from an educational funded contribution or insurance payments under an educational funded insurance contract for the improvement of housing conditions;

3-1) money held in bank accounts in housing construction savings banks in the form of housing construction savings, which are the subject of collateral for issued bank loans;

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

5) 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";

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

6-1) 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;

6-2) 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;

IZPI's note! The second part of paragraph 2 is provided to be supplemented by subparagraph 6-3) in accordance with the Law of the Republic of Kazakhstan dated 26.06.2025 No. 198-VIII (effective sixty calendar days after the date of its first official publication).

7) 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.

The provision of this subparagraph does not apply to the withdrawal of money for claims related to the first, second and third queues in accordance with the priority provided for in paragraph 2 of Article 742 of the Civil Code of the Republic of Kazakhstan.;

8) financial instruments that are contributions to the guarantee or reserve funds of a clearing organization (central counterparty), margin contributions, full and (or) partial security for the fulfillment of obligations under transactions concluded in the trading system of the stock exchange by open trading and (or) with the participation of the central counterparty;

9) money held in bank accounts with second-tier banks in the form of savings for major repairs of the common property of the condominium facility, with the exception of penalties based on court decisions in cases of non-fulfillment of obligations under contracts concluded for the purpose of major repairs of the common property of the condominium facility;

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

11) 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".

12) 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".

13) 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.

3. In the absence or insufficiency of money in the bank account to which the collection order has been submitted, money is collected from another (other) bank account (accounts) of the debtor in tenge or foreign currency using the market exchange rate established in accordance with the procedure determined by the National Bank of the Republic of Kazakhstan jointly with the authorized state body responsible for regulation of activities in the field of accounting and financial reporting, as of the date of payment. Storage and execution of a collection order in the cases provided for in this paragraph shall be carried out as money is received into the debtor's bank accounts until it is fully executed or the bank closes the bank account due to the liquidation of the client or the absence of money in the client's bank account for more than a year in accordance with the procedure established by a regulatory legal act of the National Bank of the Republic of Kazakhstan.

4. In case of partial execution of the enforcement document, the bailiff shall mark the amount paid in the enforcement document.

5. In the event of suspension or termination or revocation of the license of the private bailiff who issued the collection order, the private bailiff to whom the enforcement proceedings have been transferred sends to the bank or organization conducting certain types of banking operations an order to revoke the payment document, a resolution to accept the enforcement document for its production and at the same time issues a new collection order.

The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.

President

Republic of Kazakhstan

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