Shareholders of debtors began to pay off their arrears more often
The amounts of claims that the managers of debtors and co-founders of business have to pay are colossal
In 2016, in respect of dishonest debtors in business were filed more than 500 lawsuits, the mechanisms of secondary liability are actively applied in respect of management and founders of companies with debt. "At the expense of the property of managers and founders of the debtors were collected about 20 billion tenge, 117 people were attracted to secondary liability with the recovery of the amount of damages in the amount of 20 billion tenge", - said at a briefing at the Service of Central Communications the head of the Office on work with debtors of the State Revenue Committee of the Ministry of Finance Aigul Ualieva.
In an interview to palata.kz Aigul Ualieva also reported that there are examples of intentional false bankruptcy in the course of bankruptcy proceedings. "For example, before the debtor is declared bankrupt, the debtor intentionally sells property to evade from fulfillment of its obligations. But the law provides, if the administrator, or we, as an authorized body, reveal these facts, we bring these people to criminal responsibility", - added the head of the Office.
According to Aigul Ualieva, 13 sentences of criminal responsibility were issued in 2015 in respect of managers and founders of bankrupt enterprises. "In addition, there is secondary liability. If the debtor's property is not enough, we can recover it from its leaders and founders", - said Aigul Ualieva.
Aigul Ualieva also reported that the number of debtors "rose slightly - from 1900 to 2247 debtors in Kazakhstan. At the same time debt of indebted legal entities that are at the stage of bankruptcy is 286 billion tenge. "These are the loans which are claimed by banks in respect of debtors – by the condition on September 1, 2016", - said the representative of the State Revenue Committee.
According to Aigul Ualieva, 75 agreements were signed on resolving insolvency, and the total amount payable on such debts amounted to 641 billion tenge from the beginning of 2016. Speaking of which, Aigul Ualieva stressed that "not all loans have to be paid to the budget".
Specifying statistics on global agreements concluded by the debtors, the interlocutor of palata.kz noted that "there are isolated cases". For example, one of individual entrepreneurs in Karaganda region signed the agreement, after which the bankruptcy proceedings against him stopped.
We add that after the entry into force of amendments and additions to some legislative acts on the issues of rehabilitation and bankruptcy, it is not compulsory for an enterprise to go for bankrupt if it has debts. The law, in particular, allows the debtor to negotiate with creditors on the terms of debt repayment for two months. If bankruptcy proceedings are reviewed at the court, it is important to remember that all disputes are now considered only by one judge. For example, it is issues of return of the property of the debtor to the assets, the recognition of transactions void, recovery of receivables in court. Decisions of the courts to declare the debtor bankrupt shall be subject to immediate execution.
Zhanar Serdalina
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