On approval of the Rules for advanced training of administrator

New Unofficial translation

Order of the First Deputy Prime Minister of the Republic of Kazakhstan - Minister of Finance of the Republic of Kazakhstan dated April 29, 2020 No. 427. Registered in the Ministry of Justice of the Republic of Kazakhstan on April 29, 2020 No. 20517

      Unofficial translation

      In accordance with paragraph 12 of Article 12 of the Law of the Republic of Kazakhstan dated March 7, 2014 "On rehabilitation and bankruptcy", I HEREBY ORDER:

      1. To approve the attached Rules for advanced training of administrator.

      2. The State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) placement of this order on the Internet resource of the Ministry of Finance of the Republic of Kazakhstan;

      3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information to the Department of Legal Service of the Ministry of Finance of the Republic of Kazakhstan on implementation of measures provided for in subparagraphs 1) and 2) of this paragraph.

      3. This order comes into effect upon the expiration of ten calendar days after the day of its first official publication.

      First Deputy Prime Minister
      of the Republic of Kazakhstan
      Minister of Finance A. Smailov

  Approved
by the order of the First Deputy
Prime Minister of the
Republic of Kazakhstan -
Minister of Finance of the
Republic of Kazakhstan
dated April 29, 2020 № 427

Rules for advanced training of administrator

Chapter 1. General provisions

      1. These Rules for advanced training of an administrator (hereinafter referred to as the Rules) are developed in accordance with paragraph 12 of Article 12 of the Law of the Republic of Kazakhstan dated March 7, 2014 "On rehabilitation and bankruptcy" (hereinafter referred to as the Law) and determine the procedure for advanced training of an administrator.

      2. The concepts and terms used in these Rules are applied in accordance with the Law.

      3. Advanced training of an administrator is carried out in order to develop and deepen the professional knowledge and skills necessary for him to perform his functions as an administrator.

Chapter 2. Procedure for advanced training

      4. An administrator undergoes advanced training once every three years.

      The calculation of the term begins from the year following the year of entering the notification into the register of notifications of persons entitled to carry out the activities of an administrator.

      5. Advanced training of an administrator is carried out in the form of training seminars and courses by educational organizations that train specialists with higher economic and legal education, or organizations that carry out activities in the field of advanced training of administrators.

      Advanced training consists of 120 (one hundred and twenty) academic hours on application and implementation of rehabilitation and bankruptcy procedures and contains:

      1) changes in the legislation of the Republic of Kazakhstan concerning the issues of rehabilitation and bankruptcy;

      2) recommendations for establishing the financial stability of the debtor;

      3) judicial practice in cases with the participation of the administrator;

      4) recommendations for identifying signs of deliberate bankruptcy, taking into account practice;

      5) other issues related to the activities of administrators, aimed at developing and deepening professional knowledge and skills necessary for them to perform their functions as an administrator.

      6. Upon completion of the advanced training, the administrator takes an exam in the organization that conducted the advanced training.

      The results of the exam are subject to storage in the organization that conducted the advanced training for one year after the exam.

      7. In case of a positive result of the assessment of knowledge based on the results of the exam, the organization that conducted the advanced training issues a certificate of advanced training to the administrator.

      A certificate of advanced training indicates:

      1) information about the administrator who has undergone advanced training (last name, first name, patronymic (if it is indicated in an identity document);

      2) the name of the organization that carried out the advanced training;

      3) the number of academic hours;

      4) the period of advanced training;

      5) certificate number, city, date of issue;

      6) surname, first name, patronymic (if it is indicated in the identity document) and the signature of the head, the seal of the organization that carried out the advanced training.

      8. The certificate of advanced training is submitted by the administrator to the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan during the year in which the advanced training is completed.

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