Unofficial translation
According to Article 123 of the Law of the Republic of Kazakhstan of April 2, 2010 "On enforcement proceeding and the status of enforcement agent" I hereby ORDER:
1. To approve:
1) Rules of suspension of debit transactions on the current account intended to store the recovered amounts in favor of collectors, the private enforcement agents whose licenses have been suspended or terminated or has been deprived and also excluded from members of the Republican Chamber according to Annex 1 to this order;
2) the form of order of suspension of debit transactions on the current account intended for storage of the recovered amount in favor of collectors, the private enforcement agents according to Annex 2 to this order.
2. The department on execution of judicial acts of the Ministry of Justice of the Republic of Kazakhstan in the order established by the legislation shall:
1) ensure state registration of this order;
2) place the order on an official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after his official publication.
3. Control over the execution of this order shall be entrusted to the Supervising Vice-Minister of Justice of the Republic of Kazakhstan.
4. This order shall enter into force after the day of its first official publication.
|
Minister of Justice of the Republic of Kazakhstan |
M. Beketayev |
"AGREED"
National Bank of the
Republic of Kazakhstan
| Annex 1 to order of the Minister of Justice of the Republic of Kazakhstan dated September 14, 2020 № 354 |
Rules for the suspension of debit transactions in the current account, intended to store the recovered amounts in favor of the collectors, the private enforcement agent whose license has been suspended or terminated or has been deprived of the license, and also excluded from the members of the Republican Chamber
Chapter 1. General provisions
1. The Rules for the suspension of debit transactions in the current account, intended to store the recovered amounts in favor of the collectors, the private enforcement agent whose license has been suspended or terminated or has been deprived of the license, and also excluded from the members of the Republican Chamber (hereinafter referred to as the Rules), developed in accordance with Article 123 of the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of enforcement agents," shall determine the procedure for suspending debit transactions on the current account intended to store the recovered amounts in favor of the collectors; a private enforcement agents whose license has been suspended or terminated or deprived, and his exclusion from the members of the Republican Chamber of private enforcement agents (hereinafter referred to as the current account of the PEA).
Chapter 2. Procedure for suspension of debit transactions in the current PEA account
2. The suspension of debit transactions under the current account of the PEA shall be carried out in cases of suspension or termination or deprivation of the license of a private enforcement agent, as well as his exclusion from the members of the Republican Chamber of private enforcement agents.
3. Debit transactions under the current account of the PEA shall be suspended on the basis of an order of the authorized body in the field of execution of executive documents or its territorial bodies on the suspension of debit transactions under the current account, intended to store the recovered amounts in favor of the collectors, a private enforcement agent (hereinafter referred to as the Order on suspension of debit transactions) in a form according to Annex 2 to the order.
4. The authorized body in the field of execution of executive documents or its territorial bodies shall send an order on the suspension of debit transactions to second-tier banks or organizations, carrying out certain types of banking transactions, in electronic form or on paper, not later than three working days from the date of suspension or termination or deprivation of the license of a private enforcement agent, and his expulsion from the Republican Chamber of private enforcement agents.
5. The order to suspend debit transactions shall be transmitted electronically through the state automated information system of executive production or on paper.
Chapter 3. Procedure and terms of cancellation of the order on suspension of debit transactions in the current PEA account
6. The cancellation of the order on the suspension of debit transactions under the current account of the PEA shall be carried out by the authorized body in the field of execution of executive documents or its territorial bodies that issued it, no later than three working days, on the basis of the order of the authorized body in the field of execution of executive documents or its territorial bodies to cancel the suspension of debit transactions in form according to the Annex to the Rules.
7. The authorized body in the field of execution of executive documents or its territorial bodies shall send to banks of the second-tier or organizations carrying out certain types of banking transactions, the order of the authorized body in the field of execution of executive documents or its territorial bodies to cancel the suspension of debit transactions under the current account of the PEA, which shall contain the details of the document on the basis of which debit transactions shall be suspended.
8. The order to cancel the suspension of debit transactions shall be transmitted in electronic form through the state automated information system of executive production or on paper.
| Annex to Rules of the Minister of Justice of the Republic of Kazakhstan dated September 14, 2020 № 354 |
|
| Form |
Order to cancel the suspension of debit transactions in the current account,
intended to store the recovered amounts in favor of the collectors,
a private enforcement agent whose license has been suspended or terminated or deprived,
and also excluded from members Republican Chamber of private enforcement agents
____________ "___" , 20 __ _______________ No. ______
Presented in the ___________________________________
__________________________________________________________________________
_________________________________________________________________________.
(name of the second-tier bank or organization carrying out individual types of banking transactions, business identification number, bank identification code, location)
According to Article 123 of the Law of the Republic of Kazakhstan "On enforcement proceeding and the status of enforcement agents" to cancel the order dated ________________"_____", 20 ____ №____ on suspension of debit transactions on the current account
_____________________________________________________________________.
(surname, first name, patronymic (if any) of a private enforcement agent, whose license has been suspended or terminated or deprived, and also expelled from members of the Republican Chamber of private enforcement agents, IIN, bank account number, bank identification code)
Place for seal
________________________________________________________
______________________________________________________________.
(last name, first name, patronymic (if any) of the head structural subdivision of the authorized body in the field of execution of executive documents or territorial body authorized body, signature)
This order has been handed over to ____________ "___", 20 __.
| Annex 2 to order of the Minister of Justice of the Republic of Kazakhstan dated September 14, 2020 № 354 |
|
| Form |
Order to suspend debit transactions in the current account, intended to store the recovered amounts in favor of the collectors, private enforcement agents
____________"___", 20 __ №. ______
Presented in the ___________________________________________________________
_________________________________________________________________________
_________________________________________________________________________.
(name of the second-tier bank or organization carrying out individual types of banking transactions, business identification number, bank identification code, location)
In accordance with Article 123 of the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of enforcement agents," by order
__________________________________________________________________________
(name of the state body)
№ ____dated _______________ "_____", 20 ___ to suspend debit transactions on the current account
_________________________________________________________________________
_________________________________________________________________________.
(surname, first name, patronymic (if any) of a private enforcement agent, whose license has been suspended and terminated or deprived, and expelled from members of the Republican Chamber of private enforcement agents, IIN, bank account number, bank identification code)
Place for seal
__________________________________________________________________________
__________________________________________________________________________
(last name, first name, patronymic (if any) of the head of the structural subdivision of the authorized body in the field of execution of executive documents or territorial body of the authorized body, signature)
This order has been handed over to ____________ "___", 20 __.