The powers of the financial manager during the procedure of restoration of solvency or judicial bankruptcy
26.05.2026 10:06:02 237
The Law "On the Restoration of Solvency and Bankruptcy of Citizens of the Republic of Kazakhstan" (hereinafter referred to as the Law) regulates public relations arising from the insolvency of a citizen of the Republic of Kazakhstan, establishes the grounds for applying the procedure for restoring solvency, as well as procedures for out-of-court and judicial bankruptcy, the procedure and conditions for their conduct.
In accordance with article 23 of the Law, the authorized body, within two working days from the date of the court ruling on the initiation of a solvency restoration or judicial bankruptcy procedure, appoints a financial manager from among the persons whose notifications of the commencement of financial managers' activities are included in the state electronic register of permits and notifications in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.
Financial Manager:
1) no later than five working days after his appointment, demands from government agencies, individuals and legal entities information about the bankrupt, owned (owned) his property and copies of supporting documents, which must be submitted to him free of charge no later than ten working days from the date of the request.;
2) no later than five working days after his appointment, requests from the authorized body information on the availability and numbers of bank accounts of the bankrupt, which must be provided to him free of charge no later than ten working days from the date of the request;
3) no later than five working days from the date of identification of persons in arrears to the bankrupt, to file claims for recovery of this debt in court;
4) identifies transactions made by the debtor under the circumstances specified in Article 14 of this Law, and within two months from the date of the discovery of such a transaction, submits claims for their invalidation or for the return of property in court, including at the request of the creditor who revealed such a transaction.;
5) carries out the sale of the bankrupt's property in accordance with the sale plan;
6) maintains a register of creditors' claims;
7) performs settlements with creditors no later than five working days after receipt of money in favor of the debtor, and also performs settlements with creditors in accordance with the order of satisfaction of creditors' claims;
8) provides the authorized body with current and requested information on the progress of the bankruptcy procedure in the form, in the manner and within the time limits established by the authorized body;
9) informs the creditor about the progress of the bankruptcy procedure and the financial condition of the debtor on the basis of his written request within three working days from the date of receipt of the request.;
10) in the case of a judicial act affecting the interests of the bankrupt and his creditors, within seven working days from the date of its receipt, considers the issue of appealing this judicial act.;
11) within three working days after the entry into force of the judicial act on the completion of the bankruptcy procedure, sends a copy of it to the authorized body;
12) within three working days from the date of cancellation of the judicial act declaring the debtor bankrupt, transfers to the debtor the title documents for the property, as well as material and other valuables. If there is a property that is the subject of a pledge, the title documents for such property are subject to transfer to the secured creditor.;
13) in case of dismissal of the financial manager, he shall transfer to the newly appointed financial manager, within three working days from the date of his appointment, the title documents for the bankrupt's property, tangible and other valuables belonging to the bankrupt, as well as the available information on the availability and numbers of the bankrupt's bank accounts, on the balances and on the movement of money in these accounts;
14) performs other powers in accordance with this Law.
The powers assigned by this Law to the financial manager may not be transferred to other persons.
Source : https://www.gov.kz/memleket/entities/kgd-sko/press/news/details/1228109?lang=ru