Commentary to article 44. Responsibility of a legal entity of the Civil Code of the Republic of Kazakhstan
By virtue of the fact that a legal entity possesses separate property, it is assumed that it (the legal entity) has independent property responsibility. This is the only reason why this socio-legal education was provided, which greatly expanded the possibilities of attracting new entrepreneurs and new capital to the market. The general rule is as follows: neither the founders, nor the employees of a legal entity, nor the state are responsible for the debts of a legal entity, which, in turn, is not responsible for the debts of its founders, employees and the state.
However, the law provides for a number of exceptions to this general rule aimed at strengthening the protection of creditors' interests. But even with these exceptions, the debts of a legal entity are primarily the responsibility of the legal entity itself, and only if its property is insufficient are other entities responsible. The commented article lists the most important exceptions.
First of all, these are institutions and state-owned enterprises that are responsible for creditors' debts with their property, and not with everything, but only with the money they have. The rest of the debts must be repaid by the founders of the mentioned legal entities.
Конституция Заң Кодекс Норматив Жарлық Бұйрық Шешім Қаулы Адвокат Алматы Заңгер Қорғаушы Заң қызметі Құқық қорғау Құқықтық қөмек Заңгерлік кеңсе Азаматтық істері Қылмыстық істері Әкімшілік істері Арбитраж даулары Заңгерлік кеңес Заңгер Адвокаттық кеңсе Қазақстан Қорғаушы Заң компаниясы
The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor
Suleimenov M.K.
Deputy head Professor Basin Yu.G.
