Article 741. Withdrawal of money without the consent of the client of the Civil Code of the Republic of Kazakhstan

Home / RLA / Article 741. Withdrawal of money without the consent of the client of the Civil Code of the Republic of Kazakhstan

Money of citizens and legal entities held in banks and other organizations engaged in certain types of banking operations may be withdrawn without their consent only on the basis of a judicial act that has entered into force, as well as in cases provided for by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code), customs the legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, the Social Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, "On Payments and Payment Systems", "On compulsory social health insurance."

Foreclosure is 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;

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 funded contribution or insurance payments under an educational funded insurance contract for the improvement of 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 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;

7) for money held in the current account of a private bailiff, intended for storing the recovered amounts in favor of the recoverers.

7-1) 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";

7-2) 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

8) 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".

9) 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 6) of part two of this Article 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 this Code.

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

President

Republic of Kazakhstan

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