Article 1. The basic concepts used in this Law of the Law on Rehabilitation and Bankruptcy
The following basic concepts are used in this Law:
1) agricultural producer – an individual entrepreneur or a legal entity producing agricultural products using land; producing agricultural products of livestock, poultry (including breeding with a full cycle, starting with the cultivation of young animals), beekeeping, if the income from the sale of these products, including processed, is more than fifty percent of the total amount annual income;
2) intentional bankruptcy – actions of the founder (participant), an official, as well as an individual entrepreneur committed in the personal interests or interests of other persons in order to evade obligations to creditors by alienating or concealing property for three years before declaring bankruptcy of a legal entity or individual entrepreneur;
3) administrator – a temporary administrator, rehabilitation, temporary and bankruptcy administrators who exercise their powers in accordance with this Law during the consideration of the case in court, as well as during the rehabilitation and bankruptcy procedures.;
4) administrative expenses – expenses related to the initiation and conduct of rehabilitation or bankruptcy procedures; - Excluded by the Law of the Republic of Kazakhstan dated July 23, 2026 No. 352-VIII SAM.
5) bankrupt – a debtor whose insolvency has been established by a court decision that has entered into legal force.;
6) bankruptcy – the debtor's insolvency recognized by a court decision, which is the basis for its liquidation.;
7) bankruptcy procedure – a procedure carried out in order to satisfy creditors' claims at the expense of the bankrupt's estate in accordance with the procedure established by the laws of the Republic of Kazakhstan;
8) bankruptcy administrator – a person appointed by the authorized body in the field of rehabilitation and bankruptcy to carry out bankruptcy proceedings;
9) debtor is an individual registered as an individual entrepreneur (individual entrepreneur) or a legal entity in respect of which there are grounds for applying or procedures provided for by this Law have been applied.;
10) a group of homogeneous creditors is a group of creditors who have identical claims against the debtor and do not have an advantage over each other in obtaining their satisfaction.
Groups of homogeneous creditors may consist of:
creditors on claims for damages to life or health;
creditors for remuneration and compensation under employment contracts, as well as arrears in social contributions to the State Social Insurance Fund, mandatory pension contributions, mandatory occupational pension contributions, deductions and (or) contributions to compulsory social health insurance;
creditors on obligations secured by collateral;
creditors on taxes and customs payments;
creditors on claims arising from contracts for the supply of goods, works and services;
creditors are financial organizations for claims arising from loan (micro–loan) agreements that are not secured by collateral;
creditors – holders of the debtor's bonds;
11) unified production complex – property, collectively necessary to ensure a single cycle in the production, harvesting, storage, transportation, processing or sale of agricultural products;
12) a settlement agreement is a procedure applied at any stage of the bankruptcy procedure in order to terminate it by concluding an agreement between the bankrupt and creditors, approved by the court.;
13) absent debtor – a debtor recognized as inactive in accordance with the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code), the absence of which, as well as its founder (participant), official is established in accordance with the procedure established by this Law.;
14) ordinary commercial transactions – actions related to the debtor's ordinary activities that are of a regular nature, including, but not limited to: making payments for rental of premises and utilities, transactions with suppliers, purchase of raw materials, maintenance of equipment, sale of finished products and provision of services.
Transactions related to the alienation of real estate or other assets, the provision of property as collateral, including obligations of third parties, do not apply to ordinary commercial transactions.;
15) collateral creditor – a creditor for obligations, whose claims are secured by a pledge of the debtor's property, regulated by the legislation of the Republic of Kazakhstan;
16) the lender – a person who has property claims against the debtor arising from the debtor's civil and (or) other obligations, including obligations to pay wages, royalties, compensation under employment contracts, payment of arrears of social contributions to the State Social Insurance Fund, mandatory pension contributions, mandatory professional pension contributions, deductions and (or) contributions to compulsory social health insurance, taxes, customs payments, special, anti-dumping, countervailing duties, interest, other mandatory payments to the budget;
17) the creditors' committee is a representative body of creditors elected by the creditors' meeting in the rehabilitation and bankruptcy procedures and having the powers provided for by this Law.;
18) register of creditors' claims – a list of creditors' claims against the debtor, indicating their size, grounds and date of occurrence, formed in rehabilitation or bankruptcy procedures in accordance with the procedure established by this Law;
19) a city–forming legal entity is a legal entity defined in accordance with the rules approved by the authorized body for regional development.;
20) official – a member of the board of directors of a joint–stock company, the head (deputy head) of the debtor legal entity, as well as another person who is a member of the collegial executive body of the legal entity with permanent or temporary powers to manage the legal entity, the chief accountant of the debtor legal entity, as well as another person temporarily performing his duties;
21) estate – the bankrupt's property, which may be subject to foreclosure in bankruptcy proceedings, as well as the property of other persons in the cases provided for by this Law.;
22) the authorized body in the field of rehabilitation and bankruptcy (hereinafter referred to as the authorized body) is a state body that carries out state regulation in the field of rehabilitation and bankruptcy (with the exception of state–owned enterprises, institutions, banks, insurance (reinsurance) organizations and accumulative pension funds);
23) rehabilitation manager – a person who is authorized to manage the debtor for the period of the rehabilitation procedure in accordance with the procedure established by this Law;
24) rehabilitation plan – a set of interrelated measures aimed at improving the debtor's health when applying a rehabilitation procedure and carried out on the basis of mutual agreement between the debtor and creditors in order to restore the debtor's solvency and save jobs, indicating the timing of implementation, including a schedule for meeting creditors' claims, as well as the results achieved, resources used and possible risks.;
25) rehabilitation procedure is a procedure applied in court, within the framework of which reorganization, organizational, economic, managerial, investment, technical, financial, economic, legal and other measures aimed at restoring solvency are applied to the debtor.;
26) reverse factoring is a three–way agreement concluded between the debtor (bankrupt), his debtor and a third party, where the debtor transfers his obligation to the debtor (bankrupt) to a third party, and the third party fulfills the debtor's obligations to the debtor (bankrupt);
27) creditor for taxes and customs payments – a person who has claims against the debtor arising from the debtor's obligations to pay taxes, customs duties, special, anti-dumping, countervailing duties, interest, as well as other mandatory payments to the budget;
28) rehabilitation is an event provided for in the rehabilitation plan, during which the owner of the debtor's property (his authorized body), creditors or other persons provide financial assistance to the debtor, as well as implement another set of measures to mobilize the debtor's reserves and improve his financial and economic situation.;
29) temporary administrator – a person with whom an agreement has been concluded to compile a register of creditors' claims and to conclude on the financial stability of the debtor during the consideration of the rehabilitation case in court.;
30) temporary manager – a person with whom an agreement has been concluded or who has been appointed by an authorized body in the cases established by this Law to compile a register of creditors' claims and conclude on the financial stability of the debtor during the bankruptcy case in court, as well as to conduct bankruptcy proceedings before the appointment of a bankruptcy trustee.;
31) affiliated persons – individuals or legal entities (with the exception of state bodies exercising control and supervisory functions within the scope of their powers, the national management holding company, the Unified Housing Construction Operator) that have the ability to directly and (or) indirectly determine decisions and (or) influence decisions taken by a participant in the rehabilitation or bankruptcy procedure including by virtue of the concluded agreement (the list of affiliated persons in the rehabilitation or bankruptcy procedure is established by Article 9 of this Law);
32) factoring is a tripartite agreement concluded between the debtor (bankrupt), his debtor and a third party, where the debtor (bankrupt) assigns or undertakes to assign to a third party a property claim against his debtor, and the third party transfers or undertakes to transfer money or other property to the disposal of the debtor (bankrupt) in exchange for the right to claim to the debtor of the debtor (bankrupt).
The Law of the Republic of Kazakhstan dated March 7, 2014 No. 176-V SAM.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 23, 2026, No. 352-VIII SAM.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 23, 2026 No. 352-VIII SAM.
This Law regulates public relations arising from the debtor's inability to satisfy creditors' claims in full, establishes the grounds for applying debt restructuring procedures, rehabilitation procedures and declaring the debtor bankrupt, liquidating the debtor without initiating bankruptcy proceedings, and also defines the procedure and conditions for their conduct.
President
Republic of Kazakhstan
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