How to Get Back a Prepayment from a Kazakh Company: A Complete Guide for Foreign Businesses (2026)

Legal Methods for Recovering Advances and Deposits for Companies from the EU, China, Turkey, UAE, USA, and Uzbekistan

Have you transferred a prepayment to a Kazakh partner, but the goods haven't been delivered, services haven't been provided, deadlines have been missed, and instead of money, you only receive letters and promises? 💰

You have fallen into a typical "interest-free loan" trap at your own expense.

I am Samat Serikovich Sagidanov, an Advocate of the Astana City Bar Association, and I will show you how to actually recover your money in 2026 and which legal instruments truly work.

Why Prepayment is the Most Dangerous Stage of a Deal in Kazakhstan

Foreign businesses often transfer a 30–50% advance or deposit. In Kazakhstan, this can lead to:

• Non-performance of the contract — the supplier’s motivation drops immediately after receiving the money.
• Use of prepayment as working capital — your money is used to cover someone else's debts, salaries, or loans.
• Delays under "technical reasons" — logistics, customs, currency control, or change of supplier.
• Fictitious bankruptcy or asset stripping — the longer you wait, the less chance you have of recovering the money.

Important: If the delay exceeds 15–30 days, the risk of losing the advance is critical.

Keywords: Recovery of advance from Kazakhstan for foreign companies 2026, money not returned under contract Kazakhstan.

This publication was prepared by Samat Serikovich Sagidanov, Advocate of the Astana City Bar Association.

If you don't have time to delve into the details, you can contact me directly.

📞 WhatsApp / Phone: +7 702 847 80 20

📧 Email: garantplus.kz@mail.ru

👉 Initial consultation — Free of charge

You can write in any language. I will arrange the translation myself and respond correctly and with legal precision to eliminate any misunderstandings and financial risks. Simply send a message via WhatsApp, and I will translate the text and reply in your preferred language, involving a professional translator if necessary.

⚠️ If you do not want to deal with Kazakhstani courts and procedural intricacies or risk your money — just write to me.

The Main Mistake of Foreign Companies

Waiting for a "voluntary refund" is a trap! ❗

While you are sending letters and agreeing to new deadlines:

• 💳 Accounts are being emptied;
• 🔄 Money is being transferred to affiliated companies;
• 👤 Directors and founders are being changed;
• 🏢 The company is preparing for liquidation or fictitious bankruptcy.

Conclusion: Negotiations without legal pressure = loss of time and money.

Advance vs. Deposit: The Key Difference

• Advance (Avans): Returned in full in case of non-performance of the contract.
• Deposit (Zadatok): Returned in double amount if the recipient is at fault (Articles 381–384 of the Civil Code of the Republic of Kazakhstan).

✅ Correct qualification of the payment changes your position in court.

Legal Options for Prepayment Recovery

1️⃣ Court + Interim Measures (Instant Asset Seizure)

• Seizure of bank accounts and prohibition of expenditure operations (Art. 155 of the Civil Procedure Code of the RK);
• Seizure of property;
• Prohibition of registration actions.

Reality: Most debtors return the money voluntarily to lift the blockages.

2️⃣ Personal Liability of Management

• Proving bad faith (mala fides);
• Subsidiary liability of the director and founders;
• Fixing signs of fraud in cases of document falsification.

Effect: The threat to personal assets is often stronger than the risk of a court case.

3️⃣ Currency and Regulatory Pressure

• Failure to refund a foreigner = violation of currency legislation;
• Creates a risk of audits by the National Bank of the RK;
• Accelerates the return of funds without lengthy litigation.

State Court or International Arbitration?

✅ State Court of the RK: Faster, cheaper, and allows for the immediate seizure of assets.

✅ International Arbitration: Confidentiality, but enforcement in the RK requires a court process (up to 6 months) without the possibility of a quick seizure.

Conclusion: For prepayment recovery, the state court is almost always more effective.

Why You Need a Local Advocate

International consultants do not have access to:

• Advocate’s requests to banks and government agencies;
• Real-time monitoring of the debtor's assets;
• Control over private bailiffs;
• Support until the actual receipt of funds.

As a member of the Bar Association of the RK, I:

✅ Work remotely via Power of Attorney;

✅ Communicate in Russian, English, Chinese, Turkish, and Uzbek;

✅ Guarantee legal precision and recovery of funds.

Advocate Astana debt recovery — your reliable partner. Contact me now! ⚡

Step-by-Step Action Plan

1.      Fix the delay and the cessation of performance.

2.      Collect documents: Contract, SWIFT, invoices, correspondence.

3.      Stop "empty negotiations."

4.      File a lawsuit + application for interim measures.

5.      Block assets before they are withdrawn.

6.      Bring the case to the actual return of funds.

Practical Cases

• Case 1: A Turkish company transferred $500k for construction materials. After the accounts were seized, the debtor returned the full amount + penalty within 7 days.
• Case 2: A UAE company transferred $300k for services. After the accounts were seized and the director was notified of subsidiary liability, the refund was made in 14 days + a $15k penalty.

FAQ: Frequently Asked Questions

• Can I return the prepayment without traveling to Kazakhstan?

Yes, remotely via Power of Attorney.

• What if the debtor declared bankruptcy?

We use subsidiary liability — recovering from personal assets.

• How long does the recovery take?

From 1–2 months with asset seizure, up to 6 months without it.

• Does the new Tax Code 2026 affect this?

Yes, it simplifies repatriation but requires a local advocate.

• What if the contract is in English/Chinese?

The court accepts it with a translation — I will organize this.

Need to return a prepayment urgently?

Do not wait until the debtor company becomes an empty "shell." Time is your only non-renewable resource.

📞 Contact me right now:

Samat Serikovich Sagidanov

Advocate of the Astana City Bar Association

WhatsApp / Phone: +7 702 847 80 20

Email: garantplus.kz@mail.ru

Initial consultation — Free of charge

I work remotely. You can write in any language. I will organize the translation and provide a correct and legally precise response to exclude any misunderstandings and financial risks. Simply send a message on WhatsApp, and I will translate and reply in your language.

⚠️ If you do not want to deal with Kazakhstani courts and procedural intricacies or risk your money — just write to me.

Main thought: The winner is the one who blocks the money first. You need to work with someone who has reputation and experience.