Article 740. Restrictions on the disposal of money held in a bank of the Civil Code of the Republic of Kazakhstan

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Article 740. Restrictions on the disposal of money held in a bank of the Civil Code of the Republic of Kazakhstan

1. The money of citizens and legal entities held in bank accounts may be seized only by courts on the basis of judicial acts and bailiffs on the basis of decisions of bailiffs authorized by the prosecutor, or decisions of territorial judicial authorities formed in the state automated information system of enforcement proceedings, in accordance with the procedure and on the grounds, which are established by the criminal procedure and civil procedure legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

For the money held in the client's bank accounts, the person conducting the pre-trial investigation may impose a temporary restriction on the disposal of property or a restriction 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 third part of paragraph 1 is provided to be supplemented with subparagraph 1-1) in accordance with the Law of the Republic of Kazakhstan dated 26.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

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

2-2) for 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;

2-3) 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;

2-4) 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, 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 (or) are in the process of compulsory liquidation (forced termination of activities);

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 recovered amounts in favor of the recoverers.

8-1) 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";

8-2) 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";

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 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 three 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. of this Code.

The provision of subparagraph 8) of part three 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.

2. The term of arrest of money held in banks by legal entities and citizens may not exceed the time limits established for conducting relevant cases by the criminal procedure and civil procedure legislation of the Republic of Kazakhstan.

3. Acts of seizure of the client's money held in bank accounts may be appealed to the court in accordance with the procedure established by the laws of the Republic of Kazakhstan.

4. The suspension of spending operations on the client's bank accounts is carried out in accordance with the procedure and cases established by the legislative acts of the Republic of Kazakhstan.

5. Excluded by the Law of the Republic of Kazakhstan dated 02/27/2017 No. 49-VI (effective ten calendar days after the date of its first official publication).

6. Acts of seizure, decisions and (or) orders of authorized state bodies or officials to suspend spending operations on the client's bank accounts submitted to the client's bank account shall be executed taking into account the date and time of receipt.

Withdrawal of money held in the client's bank account in the event of insufficient money and (or) restrictions on the disposal of money held in the bank account shall be carried out subject to paragraph 8 of this Article and in accordance with the order provided for in paragraph 2 of Article 742 of this Code.

7. Excluded by the Law of the Republic of Kazakhstan dated 02/27/2017 No. 49-VI (effective ten calendar days after the date of its first official publication).

8. Restrictions on the disposal of money held in the bank shall not apply to the withdrawal of money for claims related to one queue and (or) a higher one in accordance with the priority provided for in paragraph 2 of Article 742 of this Code.

The Civil Code of the Republic of Kazakhstan (Special part) dated July 1, 1999

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