Unofficial translation
On approval of standards of state services for the issues of registration of legal entities, branches and representative offices
Footnote. Expired by order of the acting Minister of justice of the Republic of Kazakhstan No. 66 dated 29.05.2020 (enforced upon the expiry of ten calendar days after the day of its first official publication).
Note of ILLI
Shall be enforced from 01.07.2019.
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”, the Law of the Republic of Kazakhstan dated April 2, 2019 “On amendments and additions to some legislative acts of the Republic of Kazakhstan on development of the business environment and provision trading activities” I ORDER:
1. To approve:
1) The standard of state service “State registration of legal entities, accounting registration of their branches and representative offices” in accordance with Appendix 1 to this order;
2) The standard of state service “State re-registration of legal entities, accounting re-registration of their branches and representative offices” in accordance with Appendix 2 to this order;
3) The standard of state service “Issuance of a certificate of registration (re-registration) of legal entities, of accounting registration (re-registration) of their branches and representative offices” in accordance with Appendix 3 to this order;
4) The standard of state service “Issuance a duplicate of the charter (provision) of a legal entity not related to the subject of private entrepreneurship, as well as a joint-stock company, their branches and representative offices” in accordance with Appendix 4 to this order;
5) The standard of state service “State registration of amendments and additions to the constituent documents of a legal entity, not related to the subject of private entrepreneurship, as well as a joint-stock company, provisions on their branches (representative offices)” in accordance with Appendix 5 to this order;
6) The standard of state service “State registration of termination of activity of a legal entity, deregistration of a branch and representative office” in accordance with Appendix 6 to this order;
7) The standard of state service “Issuance of a certificate from the state database “Legal entities” in accordance with Appendix 7 to this order.
2. To recognize as invalid some of the orders in accordance with Appendix 8 to this order.
3. The Department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan, in the manner established by the legislation shall ensure:
1) state registration of this order;
2) within ten calendar days from the date of state registration of this order, sending it in the Kazakh and Russian languages to the Republican state enterprise on the right of economic management “Institute of Legislation and Legal Information of the Republic of Kazakhstan” for official publication and inclusion to the Standard control bank of regulatory legal acts of the Republic of Kazakhstan;
4. Control over execution of this order shall be assigned to the supervising deputy Minister of Justice of the Republic of Kazakhstan.
5. This order shall be enforced from July 1, 2019 and is subject to official publication.
| Minister of Justice | |
| of the Republic of Kazakhstan | M. Beketayev |
“AGREED”
Minister of Digital Development,
Defense and Aerospace
Industry of the
Republic of Kazakhstan
_____________ A. Zhumagaliev
| Appendix 1 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service "State registration of legal entities, accounting registration of their
branches and representative offices"
Chapter 1. General provisions
1. State service “State registration of legal entities, accounting registration of their branches and representative offices” (hereinafter - a state service).
2. The standard of state service “State registration of legal entities, accounting registration of their branches and representative offices” (hereinafter - the Standard) is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices, which are non-commercial organizations and the State corporation "Government for citizens" (hereinafter - the State corporation) in relation to legal entities, branches and representative offices, which are commercial organizations (hereinafter – a service provider).
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
1) the State corporation;
2) a web portal of "electronic government" www.egov.kz (hereinafter - the portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service from the moment of submission of documents:
1) to the State corporation:
state registration of legal entities related to the subjects of private entrepreneurship, accounting registration of their branches (representative offices), with the exception of joint stock companies, their branches (representative offices), carrying out activity on the basis of the charter, which is not standard, shall be made no later than one working day following the day of application submission with attachment of necessary documents;
state registration of legal entities not related to the subjects of private entrepreneurship, as well as joint-stock companies, carrying out activity on the basis of a charter that is not standard, with the exception of political parties, accounting registration of their branches (representative offices) shall be made no later than ten working days at the place of location of a service provider, no later than fifteen working days not at the place of location of a service provider, following the day of application submission with attachment of necessary documents;
state registration of political parties and accounting registration of their branches (representative offices) shall be made no later than one month from the date of an application submission with attachment of necessary documents.
Maximum allowable waiting time for submission of documents - no more than 15 minutes;
Maximum allowable time for servicing a service recipient - no more than 20 minutes.
2) on the portal - state registration of legal entities related to the subjects of small and medium entrepreneurship, with the exception of joint-stock companies, their branches (representative offices) shall be rendered within one hour of the working day from the moment of an application submission.
In cases of submission of an incomplete package of documents, presence of deficiencies in them, necessity to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by legislative acts of the Republic of Kazakhstan, the term of state (accounting) registration of a legal entity, branch or representative office shall be interrupted until elimination of identified deficiencies or obtaining the appropriate opinion (expertise).
State (accounting) registration of public and religious associations with republican and regional statuses, including political parties, branches and representative offices of foreign and international non-commercial non-governmental associations, shall be performed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
State registration of created, reorganized legal entities, and accounting registration of branches and representative offices, public and religious associations with local status, foundations and associations of legal entities, accounting registration of branches and representative offices of public and religious associations, shall be carried out by territorial bodies of justice.
State registration of legal entities related to commercial organizations and accounting registration of their branches and representative offices shall be carried out by the State corporation.
5. Form of rendering a state service: electronic/paper.
6. The result of rendering a state service:
a certificate of state registration of a legal entity related to a non-commercial organization in the form, according to Appendix 1, and a legal entity related to a commercial organization according to Appendix 2, as well as a certificate of accounting registration of a branch (representative office) of a legal entity, related to a non-commercial organization in the form, according to Appendix 3, and the branch (representative office) of a legal entity related to a commercial organization in the form according to Appendix 4 to this standard (hereinafter- a certificate), or a written reasoned refusal to render a state service in the cases and on the grounds provided for in paragraph 10 of this standard.
When applying the portal, the result of rendering a state service in the form of an electronic document, certified by an electronic digital signature (hereinafter - EDS) shall be sent to the "personal account" of a service recipient.
Form of provision of a result of rendering a state service: electronic/paper.
If a service recipient submits an incomplete package of documents according to the list provided for in paragraph 9 of this standard, the employee of the State corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form, according to Appendix 5 to this standard.
7. A state service shall be rendered for a fee to legal entities, their branches (representative offices) (hereinafter - a service recipient), with the exception of legal entities related to the subjects of small and medium entrepreneurship.
A registration fee is established for rendering a state service on registration of non-commercial organizations, their branches and representative offices. The registration fee shall be calculated at the rates established by the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget (Tax Code)” in accordance with Appendix 6 to this Standard and paid before submission of the relevant documents at the place of registration of the object of taxation.
A fee shall be charged for rendering a state service on registration of commercial organizations, their branches and representative offices in accordance with the prices for goods (works, services) in the field of state registration of legal entities according to Article 10 of the Law “On state registration of legal entities and accounting registration of branches and representative offices".
In the case of submission of an electronic request for a state service through the portal, payment shall be made through the payment gateway of "electronic government" (hereinafter - PGEG).
8. Work schedule:
of service providers:
1) in the Ministry and territorial bodies of justice - from Monday to Friday inclusive from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays according to the Labor Code of the Republic of Kazakhstan;
2) in the branches of the State corporation - from Monday to Friday, from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays according to the Labor Code of the Republic of Kazakhstan;
3) State corporation for acceptance and issuance of documents - from Monday to Saturday inclusive, from 9.00 to 20.00 without a break, except for Sundays and holidays, according to the Labor Code of the Republic of Kazakhstan.
Reception shall be carried out in the order of "electronic" queue, at the choice of a service recipient without expedited service, it is possible to book an electronic queue through the portal.
4) of the portal - round-the-clock, except for technical breaks related to repair works (when service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of an application and issuance of the result of rendering a state service shall be carried out on the next working day).
9. The list of documents required for rendering a state service when a service recipient (or his/ her representative by power of attorney) applies to:
to the State corporation:
1) for state registration of legal entities:
applications in the forms according to Appendices 7 (an application for state (accounting) registration of a legal entity, branch (representative office), 8 (an application for state registration of business partnerships, carrying out its activity on the basis of a standard charter), 9 (an application for state registration of a joint stock company, carrying out its activity on the basis of a standard charter) and 10 (an application for state registration of a production cooperative carrying out its activity on the basis of a standard charter) (hereinafter- an application) to this standard. Legal entities with participation of the state shall submit an application with a mark of the registrar.
for state registration of legal entities, the activity subject of which is rendering financial services, a permit of the National Bank of the Republic of Kazakhstan shall be provided additionally.
for state registration of legal entities related to the subjects of market, occupying a monopoly position in the relevant product market, as well as state enterprises, legal entities, more than fifty percent of the shares of which (participation shares in the charter capital) belong to the state, and persons affiliated with them who will carry out their activities on the territory of the Republic of Kazakhstan, except for the cases when such creation is directly provided for by Article 172 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015, shall be carried out by the registration body with agreement of an antimonopoly body;
for state registration of legal entities related to the subjects of medium and large entrepreneurship, the application shall be signed and submitted by the founder or one of the founders or an authorized person by the founder in the cases when the sole founder or one of the founders is a foreigner or a foreign legal entity, the Government of the Republic of Kazakhstan or state bodies or the National Bank of the Republic of Kazakhstan, with attachment of constituent documents, certified notarially in the cases provided for by Article 6 in the Law of the Republic of Kazakhstan dated April 17, 1995 “On state registration of legal entities and accounting registration of branches and representative offices”;
for state registration of a legal entity related to the subject of medium entrepreneurship, the founder (founders) shall submit an application for state registration of a subject of medium entrepreneurship and opening a bank account and for compulsory insurance of the employee against accidents (except for the cases when the founder (founders) of a legal entity carries out (carry out) activities without entering into labor relations with individuals) in the form according to Appendix 11 to this Standard;
for state registration of legal entities that are not related to the subject of private entrepreneurship, an application shall be signed and submitted to the registering body by the founder (founders) or an authorized person with attachment of constituent documents, certified notarially in the cases provided for by Article 8 of the Law of the Republic of Kazakhstan dated May 13 2003 “On joint-stock companies”, Article 31 of the Law of the Republic of Kazakhstan dated December 18, 2000 “On insurance activities” and Article 25 of the Law of the Republic of Kazakhstan dated August 31, 1995 "On banks and banking activities in the Republic of Kazakhstan";
a joint-stock company:
a charter, except for a joint-stock company, carrying out its activity on the basis of a standard charter;
a protocol of the constituent meeting, or the decision of a sole participant;
a receipt or other document, confirming payment of a fee for state registration of legal entities and accounting registration of branches and representative offices of a non-commercial joint-stock company or a document, confirming payment to the State corporation “Government for citizens”, except for legal entities related to the subjects of small and medium entrepreneurship.
in the case that a legal entity relates to the subject of market occupying a monopoly position in the relevant product market, as well as state enterprises, legal entities, more than fifty percent of the shares of which (participation shares in the charter capital) belong to the state, and persons affiliated with them, who will carry out their activity on the territory of the Republic of Kazakhstan, except for the cases when creation is directly provided for by the laws of the Republic of Kazakhstan, shall be carried out by the registration body with a preliminary agreement of an antimonopoly body;
a limited partnership:
a document, confirming payment to the State corporation "Government for Citizens" except for legal entities related to the subjects of small and medium entrepreneurship.
a full partnership:
a document, confirming payment to the State corporation "Government for Citizens" except for legal entities related to the subjects of small and medium entrepreneurship.
a production cooperative:
a list of members of a production cooperative, indicating surname, name, patronymic (if any), IIN, and place of residence;
a document confirming payment to the State corporation "Government for Citizens" except for legal entities related to the subjects of small and medium entrepreneurship.
a consumer cooperative:
a charter;
a memorandum of association;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a consumer cooperative shall provide a list of members of these cooperatives indicating their surname, name, patronymic (if any), IIN and place of residence – for the citizens, and information about location, bank details and BIN - for legal entities;
a partnership with additional liability:
a document, confirming payment to the State corporation "Government for Citizens" except for legal entities related to the subjects of small and medium entrepreneurship.
a limited liability partnership:
a document confirming payment to the State corporation "Government for Citizens" except for legal entities related to the subjects of small and medium entrepreneurship.
a state enterprise:
a charter;
a decision of the Government of the Republic of Kazakhstan or a local executive body on establishment of an enterprise;
a document, confirming payment to the State corporation "Government for citizens" except for legal entities related to the subjects of small and medium entrepreneurship.
a state institution:
a decision on establishment a state institution;
a provision (a charter);
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a house-building cooperative and housing cooperative:
a charter;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices.
Housing and housing-building cooperatives shall also provide a list of members of these cooperatives with their surname, name, patronymic (if any), place of residence and IIN;
a cooperative of owners of premises (apartments):
a protocol of the constituent meeting of the owners of premises (apartments) in the condominium object or a protocol with voting sheets based on the results of a written survey;
a charter;
a document, certifying the location of a legal entity*;
a state act on registration or re-registration of a condominium object, or a document confirming the state registration of a condominium object with a stamp of the registering body;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices.
a collegium of advocates:
a charter, approved by the constituent meeting (conference) of members of a collegiums of advocates;
a decision of the authorized body on approval of the charter;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a notarial chamber:
a charter, approved by the constituent meeting (conference) of members of the board of a notarial chamber;
a decision of the authorized body on approval of the charter;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a fund:
a charter;
a memorandum of association (with the number of founders more than one);
a decision of the authorized body on approval of the charter;
a decision of the collegial body (board of trustees) on appointment of an executive body;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a public association:
a charter adopted at the constituent congress (conference, meeting);
a protocol of the constituent congress (conference, meeting), that adopted the charter, signed by the chairman and secretary of the congress (conference, meeting);
a list of citizens-initiators of a public association with their surname, name, patronymic (if any), IIN, place of residence, home and office phones, personal signature;
a document, confirming location of a public association*;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
When registering political parties, the following are additionally submitted:
a party program;
lists of party members, which should include at least forty thousand party members representing structural units (branches and representative offices) of the party in all areas, the city of republican significance and the capital city, with at least six hundred party members in each of them, indicating their surname, name, patronymic (if any), IIN, addresses of place of residence;
Note:
For creating a political party, the organizing committee for creation a political party shall submit a notification on intention to create a political party to the registration body in the form according to Appendix 12 to this Standard, as well as in accordance with Article 6 of the Law of the Republic of Kazakhstan “On Political Parties”:
1) a list of citizens' initiative group on creation a political party and information on the members of the organizing committee in electronic and paper form according to Appendix 13 to this Standard;
2) a protocol of the organizing committee meeting, which indicates the purpose of its creation, the proposed name of a political party, location, expected sources of formation and use of money and other property of the organizing committee, as well as information about the members of the organizing committee authorized to open a current account to form the funds of the organizing committee and conclude civil-legal contracts to ensure its activities.
The registration body on the day of receipt of notification and documents provided for by subparagraphs 1), 2) of this paragraph shall issue a confirmation on submission of documents to the authorized person of the organizing committee in the form, according to Appendix 14 to this Standard, confirming their submission.
When registering political parties, the following are additionally submitted:
a party program;
lists of party members, which should include at least forty thousand party members representing structural units (branches and representative offices) of the party in all areas, the city of republican significance and the capital, with at least six hundred party members in the form, according to Appendix 15 to this standard on electronic and paper carriers;
an association of legal entities in the form of an association (union), association of individual entrepreneurs and legal entities, association of individual entrepreneurs:
a charter;
a memorandum of association signed by all founders of the association;
a decision of the authorized body on creation of a legal entity;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a chamber of auditors:
a charter;
a receipt or other document confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a religious association:
a charter of a religious association, signed by the head of the religious association;
a protocol of the constituent meeting (congress, conference);
a list of citizens-initiators of a created religious association in electronic and paper form according to Appendix 16 to this Standard;
a document, confirming the location of a religious association;
printed religious materials, revealing the history of the origin and basics of the creed and containing information about the corresponding religious activity;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a decision on election of the leader of a religious association or, in case of appointment of the head by a foreign religious center, a document, confirming agreement with the authorized body;
When registering a regional religious association, an additional list of participants in each of the local religious associations initiating the creation of regional religious associations shall be submitted in the form, established by the registering body, as well as notarized copies of the charters of their local religious associations;
a religious association, having a leading center outside the republic, additionally shall submit:
a copy of the charter of a foreign center with a notarized translation in the Kazakh and Russian languages;
an extract from the register or other document, certifying that the religious center is a legal entity under the laws of its country with a notarized translation in the Kazakh and Russian languages.
charters (provisions) of theological educational institutions, mosques, monasteries and other religious associations, founded by religious administrations (centers) shall be approved by these religious administrations (centers);
for registration, a decision of the authorized body of religious administration (center) on their creation shall be submitted;
an institution:
an owner’s decision on establishment of an institution;
a provision (a charter);
a memorandum of association or a similar agreement (with the number of owners (founders) more than one);
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a chamber of appraisers:
a charter;
a decision of the authorized body on establishment of a legal entity;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a chamber of legal advisers:
a charter;
a decision of the authorized body on establishment of a legal entity;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices;
a lawyer’s office:
a charter;
a decision of the authorized body on establishment of a legal entity;
a receipt or other document, confirming payment of a fee to the budget for state registration of legal entities and accounting registration of branches and representative offices.
2) for accounting registration of branches (representative offices):
a branch (a representative office) of a Kazakhstan legal entity:
an application for accounting registration in the form according to Appendix 7 (hereinafter – an application) to this standard;
A receipt or other document, confirming payment of a registration fee to the budget for accounting registration of a branch (a representative office) of legal entities, related to non-commercial organizations or a document, confirming payment to the State corporation “Government for citizens” for a branch (a representative office) of legal entities related to commercial organizations shall be attached to an application.
For branches (representative offices) of legal entities, not related to the subjects of private entrepreneurship, as well as joint-stock companies, a provision on the branch (a representative office) in triplicate in the Kazakh and Russian languages, approved by the legal entity, copies of the charter (provision) and the power of attorney of a legal entity (except for public and religious associations) issued by the head of the branch a (representative office) shall be additionally submitted.
The application shall be signed by the person, authorized by a legal entity, creating the branch (a representative office), and sealed with the stamp of a legal entity (if any).
If the head of a legal entity is the head of a branch (a representative office), the provision of a power of attorney to the registering body shall not be required.
When creating a branch (a representative office), a state enterprise additionally submits a document, confirming the consent of the National Bank or the authorized state property management body (local executive body) for creating a branch (a representative office);
a branch (a representative office) of a foreign legal entity:
an application for accounting registration in the form according to Appendix 7 (hereinafter – an application) to this standard;
provision on a branch (a representative office), approved by the body of a legal entity;
a power of attorney, issued by the body of a legal entity to the head of a branch or a representative office, with a notarized translation into the Kazakh and Russian languages;
a decision of a legal entity on creating a branch (a representative office) with a notarized translation into the Kazakh and Russian languages;
a legalized extract from the trade register or other legalized document, certifying that this entity, opening a branch (a representative office) in the Republic of Kazakhstan is a legal entity under the laws of its country, with a notarized translation into the Kazakh and Russian languages;
a copy of constituent documents of a legal entity with a notarized translation into the Kazakh and Russian languages;
a receipt or other document, confirming payment of a registration fee to the budget for registration of a branch (a representative office) of a foreign non-commercial organization or a document, confirming payment to the State corporation "Government for citizens" for the branch (representative office) of a foreign commercial organization.
3) for state registration of a legal entity, created by reorganization the following shall be submitted:
an application in accordance with Appendices 7, 8, 9 and 10 (hereinafter – an application) to this standard;
a decision of the owner of the property of a legal entity or a body, authorized by the owner, the founders (participants), a decision of the body, authorized by the constituent documents of a legal entity, or the decision of the court in cases provided for by Article 231 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015 and paragraph 3 of Article 45 of the Civil code of the Republic Kazakhstan dated December 27, 1994;
when merging, joining, transforming - a transfer act, when dividing, separating– a separation balance sheet indicating the succession provisions for obligations of the reorganized legal entity, approved by the owner of the property of a legal entity or the body that made the decision on reorganization of a legal entity, and the decision of an authorized body of a legal entity on approval of a transfer act and separation balance sheet;
a document, confirming a written notification of creditors about reorganization of a legal entity;
a receipt or other document, confirming payment of a fee to the budget for termination of activities of a reorganized legal entity, related to a non-commercial organization or a document, confirming payment to the State corporation “Government for citizens” for termination of activities of a reorganized legal entity, related to a commercial organization.
The constituent documents, drawn up in the state and Russian languages shall be provided in a laced and numbered form, in triplicate, (with the exception of a legal entity, related to the subject of private entrepreneurship, with the exception of joint-stock companies).
For a legal entity, not related to the subject of a private entrepreneurship, as well as a joint-stock company, the originals of the previous constituent documents shall be submitted.
When rendering a state service, the service recipient shall submit a consent to the use of information, constituting a secret protected by the Law contained in information systems upon rendering state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When rendering state services, it is not allowed to request from service recipients:
1) documents that can be obtained from information systems;
2) notarized copies of documents, the originals of which are submitted for verification to a service provider, except for the cases provided for by the legislation of the Republic of Kazakhstan, regulating the issues of pension and social security.
The service provider and an employee of the State corporation shall receive information on identity documents, state registration (re-registration) of a legal entity, a document, confirming payment of the amount of a registration fee (in case of payment through PGEG) by a service recipient to the budget from the relevant state information systems through the “e-government” gateway.
Issuance of prepared documents to a service recipient shall be carried out by an employee of the State corporation on the basis of a receipt for acceptance upon presentation of an identity document (or power of attorney) in the State corporation.
The State corporation shall ensure storage of the result for one month, after which it transfers them to the body of justice (on registration of non-commercial organizations) for further storage. If the service recipient applies after one month, at the request of the State corporation, the body of justice shall send the prepared documents to the State corporation for issuance to a service recipient within one working day.
to the portal:
for state registration of a legal entity related to the subject of small entrepreneurship, the founder (founders) shall submit a notification on the commencement of entrepreneurial activity with opening of a bank account and compulsory insurance of the employee against accidents (exception for cases when the founder (founders) of a legal entity carries out (carry out) activities without entering into labor relations with individuals) in the form according to Appendix 17 to this Standard;
for state registration of a legal entity related to the subject of medium entrepreneurship, the founder (founders) shall submit an application for state registration of the subject of medium entrepreneurship and opening a bank account and for compulsory insurance of the employee against accidents (except for cases when the founder (founders) of a legal entity carries out ( carry out) activities without entering into labor relations with individuals) in the form according to Appendix 11 to this Standard.
When applying through the portal a notification indicating the date and time of receipt of the result of a state service in the form of an electronic document, certified by EDS shall be sent to the “personal account” of a service recipient.
Note:
*Documents confirming the location of a legal entity shall be a lease contract and another document provided for by civil legislation.
If the owner of the premise is an individual, then the notarized consent of the individual to provide the premises as the location of a legal entity shall be provided.
10. The grounds for refusing in rendering a state service shall be:
1) violation of the procedure for creation (reorganization) of a legal entity, established by the legislative acts of the Republic of Kazakhstan, including Article 45 of the Civil code of the Republic of Kazakhstan dated December 27, 1994 and chapter VI of the Law dated April 22, 1998 "On limited and additional liability partnerships", non-compliance of constituent documents with the Law of the Republic of Kazakhstan dated April 17, 1995 “On state registration of legal entities and accounting registration of branches and representative offices”;
2) non-submission of a transfer act or separation balance sheet or lack of provisions on succession of a reorganized legal entity in them;
3) if a legal entity or a sole founder (participant) of a legal entity is an inactive legal entity;
4) if an individual who is the founder (participant) and (or) the leader of a legal entity is the sole founder (participant) and (or) the leader of inactive legal entities and (or) is recognized as incapable or partially capable, and (or) is recognized as missing, and (or) is declared dead, and (or) has an outstanding or unexpunged conviction for crimes under Articles 237, 238 and 240 of the Criminal code of the Republic of Kazakhstan, as well as in the event that the founder (an individual and (or) a legal entity), head of a legal entity, the founder and (or) the head of a legal entity, that created the legal entity, are debtors under the executive document, with the exception of the person who is the debtor in the enforcement proceedings for collection of periodic payments and who has no debt in the enforcement proceedings for periodic collection of more than three months;
5) if an individual who is the founder (participant) and (or) the leader of a legal entity is included in the list of organizations and persons associated with financing of terrorism and extremism, in accordance with the Law of the Republic of Kazakhstan dated October 11, 2011 “On religious activities and religious associations”;
6) submission of lost and (or) invalid identity documents, as well as inaccurate documents, submitted by a service recipient for receiving a state service, and (or) data (information) contained in them;
7) availability of judicial acts and resolutions (prohibitions, arrests) of bailiffs and law enforcement agencies, including court decisions (sentences) on prohibition of activities or certain types of activities requiring the receipt of a state service, as well as court decisions on the basis of which a service recipient is deprived of a special right, related to receiving a state service;
8) a negative response of the authorized state body to the request for approval, which is required for rendering a state service, as well as the negative conclusion of an expertise, examination, or verification.
Additional grounds for refusal in state registration of a religious association shall be established in the Law of the Republic of Kazakhstan dated October 11, 2011 “On religious activity and religious associations”.
Refusal in registration of a branch (representative office) shall be carried out in cases of violation established by legislative acts of the Republic of Kazakhstan, including Article 24 of the Law of the Republic of Kazakhstan dated January 16, 2001 “On non-commercial organizations” and Article 43 of the Civil code of the Republic of Kazakhstan dated December 27, 1994 in the procedure for establishing a branch (a representative office), inconsistency of documents submitted for accounting registration with the Law of the Republic of Kazakhstan dated April 17, 1995 “On state registration of legal entities and accounting registration of branches and representative offices”.
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service
providers and (or) their officials, the State corporation and (or) their employees on the issues
of rendering state services
11. Appeal of decisions, actions (inaction) of the service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 14 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, patronymic (if any), individual identification number, postal address, for a legal entity - name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the Law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) A complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses, specified in paragraph 14 of this standard of state service or through a Unified contact center on the issues of rendering state services: 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint to the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint).
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider.
When applying through the portal, information about the appeal procedure shall be obtained through a unified contact-center on the issues of rendering state services: 1414, 8 800 080 7777.
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
12. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering state services,
including those rendered in electronic form and through the State corporation
13. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact- center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
14. Addresses of rendering a state service are placed on the Internet resources of:
a service provider - www.adilet.gov.kz, section “State services”;
the State corporation – www.gov4c.kz.
15. A service recipient shall have the opportunity to receive a state service in electronic form through the portal, subject to availability of EDS.
16. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center.
17. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
| Appendix 1 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
Ministry of Justice of the Republic of Kazakhstan
(option: (Territorial body of justice) _________)
Certificate on state registration of a legal entity
____________________________________
business identification number
________________ | "___"_________ 20__ . |
Name:
___________________________________________________________________
___________________________________________________________________
Location:
___________________________________________________________________
Head:
___________________________________________________________________
Founders (participants):
___________________________________________________________________
Carries out activities on the basis of a standard charter.
A certificate is a document confirming state registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _______________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
| Appendix 2 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
non-commercial joint-stock company
|State corporation "Government for citizens"
(option: (Territorial unit) _)
Certificate on state registration
of a legal entity
________________________________
business identification number
________________ | "___"_________ 20__ . |
Name:
___________________________________________________________________
___________________________________________________________________
Location:
___________________________________________________________________
Head:
___________________________________________________________________
Founders (participants):
___________________________________________________________________
Carries out activities on the basis of a standard charter.
A certificate is a document confirming state registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _____________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
| Appendix 3 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
Ministry of Justice of the Republic of Kazakhstan
option: (Territorial body of Justice) _________)
Certificate on accounting registration
of a branch (a representative office) of a legal entity
_________________________________
business identification number
________________ | "___"_________20__ |
Name of a branch (a representative office) of a legal entity:____________________
____________________________________________________________________
Name of a legal entity:__________________________________________________
____________________________________________________________________
Location of a branch (a representative office) of a legal entity: __________________
____________________________________________________________________
A certificate is a document confirming registration of a branch (a representative offices) in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _______________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
| Appendix 4 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
non-commercial joint-stock company
State corporation "Government for Citizens"
(option: (Territorial unit) _)
Certificate on accounting registration
of a branch (a representative office) of a legal entity
_________________________________
business identification number
________________ | "___"_________20__ |
Name of a branch (a representative office) of a legal entity:__________
____________________________________________________________________
Name of a legal entity:________________________________________________
____________________________________________________________________
Location of a branch (a representative office) of a legal entity: __________________
____________________________________________________________________
A certificate is a document confirming registration of a branch (a representative offices) in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
Receipt
on refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”, department №.__ of the branch
of the State corporation (indicate the address) refuses to accept documents for rendering a state service (indicate the name of a state service in accordance with the standard of state service) due to your submission of an incomplete package of documents according to the list provided for by the standard of state service, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each side.
Full name (of an employee of the State corporation) _______________
(signature)
Executor: S. N. P. (if any) ____________________________________
Telephone __________
Received: S. N. P.(if any) / ____________________________________
signature of a service recipient
"___" _________ 20_____
| Appendix 6 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
The rates of fees are calculated based on the size of the monthly calculation index, established for the corresponding financial year by the Law on republican budget (hereinafter - MCI), and are as follows:
№ п/п | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of activities of legal entities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan), accounting registration (re-registration), deregistration of their branches and representative offices, with the exception of commercial organizations: | |
1.1. | of legal entities, their branches and representative offices | 6,5 |
1.2. | of political parties, their branches and representative offices | 14 |
2. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of institutions, financed from the budget, cooperatives of owners of premises (apartments), accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1. | for state registration, registration of activities termination, accounting registration, deregistration | 1 |
2.2. | for re-registration | 0,5 |
3. | For state registration (re-registration), state registration of termination of activity (including during reorganization in cases, provided for by the legislation of the Republic of Kazakhstan) of children's and youth public associations, as well as public associations of disabled people, accounting registration (re-registration), deregistration of their branches and representative offices, branches of republican and regional national and cultural public associations: | |
3.1. | for registration (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan) | 2 |
3.2. | for re-registration, state registration of termination of activity (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
Application
for state (accounting) registration
of a legal entity, a branch (a representative office)
1. Form of organization (indicate in the appropriate box x)
1) an entity _________ 2) a branch ________
3) a representation office ________________
2. Name of a legal entity, a branch (a representative office)
____________________________________________________________________
3. Participation of foreign investors in a legal entity, a branch (a representative office) (indicate in the appropriate box x)
1) yes _____________ 2) no __________________________
4. Location of a legal entity, a branch (a representative office)
Address registration code: _____________ Postal code:__________
Region: ________________________________________________
City, district,____________________________________________
Rural district, district in the city:_______________________________________
Village, settlement _________________________________________________
Part of the locality (street, avenue, etc.):_________________________________
House number _________________, premise: ____________________________
Phone number:__________________ E-mail address:______________________
5. S. N. P. (if any) of the head _________________________________________
IIN: ________________________,
6. Composition and number of founders (indicate in the appropriate box x,
number in digital designation):
1) a legal entity _____________ 2) an individual ________________
Name of a legal entity _____________________________________
BIN, analogue of tax registration number, or country code (for a
foreign legal entity) _______________________________________
Share in the authorized capital% _______ Amount of deposit (thousand tenge) _____
S. N. P. (if any) of an individual _________________________
IIN, analogue of tax registration number, or country code (for foreign
individual) _________________________________________________________
Share in the authorized capital% ________ Amount of deposit (thousand tenge) ______
If there are more than one founders information about them: S. N. P. (if any),
IIN, analogue of the tax registration number, or country code (for an individual),
name, BIN, analogue of tax registration number, or country code (for a legal entity), as well as their share in the authorized capital in percentage and monetary terms are attached to the application on a separate sheet.
7. Indicate the code of the main type of economic activity: _______
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no __________________________
9. Size of the authorized capital _____________________________________
10. Information about a legal entity creating the branch (representative office)
Legal entity (non-resident)
Name _________________________________________________
BIN, (in case of absence, indicate the analogue of the tax registration number
or country code) ______
11. The expected (approximate) number of employed people ______________
12. The subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of medium entrepreneurship ______________________
2) a subject of large business _______________________________________
13. Reorganization precedes the creation of a legal entity (indicate in the
appropriate box x)
1) transformation __________________ 2) merger ____________________
3) separation _______________________ 4) division ____________
I agree to the use of information constituting a secret protected by the Law, contained in information systems __________
The application is attached by: _______________________________________
"____" ________________ 20______
_________________________________________
S.N. P. (if any) and applicant's signature
| Appendix 8 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" _____________________ Name of registration body |
|
| Form |
Application
for state registration of economic partnerships,
carrying out its activities on the basis of a standard charter
1. Name of a legal entity _______________________________________________
____________________________________________________________________
2. Organizational-legal form (indicate in the appropriate box x):
1) full partnership _____________
2) limited liability partnership _____________________________________
3) limited partnership ____________________________________________
4) partnership with additional responsibility __________________________
3. Participation in the composition of foreign investors (indicate in the appropriate box x):
1) yes _________________ 2) no ____________________
4. A legal entity is a subsidiary (indicate in the appropriate box x):
1) yes _______________ 2) no ____________
5. Location of a legal entity:
Address registration code: ____________________ Postal Code: _______________
Region: _____________________________________________________________
City, district, _________________________________________________________
Rural district, district in the city: _________________________________________
Village, settlement ____________________________________________________
Part of the locality (street, avenue, etc.): ___________________________________
House number _________________, premise: _________________________________
Phone number: _________________ E-mail address: _________________
6. S. N. P. (if any) of the head ____________________________________
(with indication of identity data and IIN)
7. Indicate the code of the main type of economic activity: ___________________
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _________________________________
9. The size of the authorized capital ________________________________
10. Composition and number of founders (indicate in the appropriate box x, number
in digital designation):
1) a legal entity _____________ 2) an individual _______________________
Name of a legal entity ____________________________________________
____________________________________________________________________ (indicating BIN)
Share in the authorized capital % _____ Deposit amount (thousand tenge)
S. N. P. (if any) of an individual _________________________________________
____________________________________________________________________
(with indication of identity data and IIN)
Share in the authorized capital % ______ Deposit amount (thousand tenge) _________________________________________________________________________
If there are more than one founders, information about them: S. N. P. (if any)
with indication of identity data and IIN, analogue of tax number
registration, or country code (for an individual), name indicating BIN,
analogue of tax registration number, or country code (for a legal entity),
as well as their share in the authorized capital in percentage and money terms
are attached to the application on a separate sheet.
11. In case of formation of a supervisory board, indicate
exclusive competence: _________________________________________________
____________________________________________________________________
12. Indicate the term of the audit commission (sole auditor) ____________________
____________________________________________________________________
13. The expected (approximate) number of employed people ______________________
14. A subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of small entrepreneurship: ____________________________________
2) a subject of medium entrepreneurship ___________________________________
3) a subject of large entrepreneurship _____________________________________
15. Reorganization precedes the creation of a legal entity (indicate in the appropriate box x):
1) transformation _______ 2) merger __________
3) separation ___________________ 4) division___________________________
16. Number of legal entities participating in the reorganization ________________
17. In case of transformation, the following information must be indicated:
The former name of a legal entity ________________________________________
Business Identification Number (BIN) ____________________________________
18. In case of a merger, the following information must be indicated:
Names of legal entities participating in the merger ___________________________
Business Identification Number (BIN) ____________________________________
19. In case of separation, the following information must be indicated:
Name of the current legal entity from which a new legal entity is separated:
____________________________________________________________________
Business Identification Number (BIN) ____________________________________
20. In case of division, the following information must be indicated:
Name of a legal entity on the basis of which legal entities are created
____________________________________________________________________________________________________________________________________________________
Business Identification Number (BIN) _____________________________________
I agree to the use of information, constituting a secret protected by the Law,
contained in information systems _________________________________________
The application is attached by: __________________________________________________________________________
____________________________________________________________________
____________________________________________________________________
"____" ______________ 20______
S.N.P. (if any) and signature of the founder (either one of the founders or by the person authorized by the founder in cases when the sole founder or one of the founders is a foreigner or foreign legal entity).
S.N.P. (if any) and signatures of the founders (in case when maintaining the register of participants is carried out by the central depository - signature of the person, authorized by the protocol of general meeting of founders (by decision of the participant).
The authenticity of the signature (s) must be notarized, for the exception of economic partnerships
Application
for state registration of a joint stock company, carrying out
its activities on the basis of a standard charter
1. Name of the registered joint stock company
____________________________________________________________________
2. Participation in the composition of foreign investors (indicate in the appropriate box x): 1) yes ____________ 2) no ____________
3. A legal entity is a subsidiary (indicate in the appropriate box x):
1) yes _____________ 2) no ___________
4. Location of the joint stock company
Address registration code _______________ Postal code: ____________
Region: __________________________
City, district, _____________________
Rural district, district in the city: ________________________________
Village, settlement ___________________________________________
Part of locality (street, avenue, etc.): _____________________________
House number _________________, premise: _____________________
Phone number: _______________ E-mail address: __________________
5. S. N. P. (if any) of the head __________________________________
(with indication of identity data and IIN)
6. Indicate the code of the main type of economic activity: ___________
7. Size of the authorized capital _____________________
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _____________________
9. Composition and number of founders (indicate in the appropriate box x, number in digital designation):
1) a legal entity _________ 2) an individual __________________
10. Indicate the guaranteed amount of the dividend on preferred share:
______________________________________________________________
(in a fixed expression or with indexing relative to any indicator subject to regularity and public availability of its values)
11. Indicate the frequency of dividends payment on preferred shares: ___________________________________________________________________
12. Indicate the mass media used for publication of information subject to mandatory publication __________________________________________________________
13. The number of members of the board of directors of the company ___________________________________________________________________
The requirements of paragraph 37 of the model charter apply to financial institutions.
14. Number of members of the board of the company _________________________
15. The expected (approximate) number of employed people ___________________
16. A subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of medium entrepreneurship __________________________
2) a subject of large entrepreneurship _____________________________
17. Reorganization precedes the creation of a legal entity (indicate in the appropriate box x):
1) transformation ______________ 2) merger _______________________
3) separation _________________ 4) division _______________________
18. Number of legal entities, participating in reorganization ____________
19. In the case of transformation, the following information must be indicated:
Previous name of a legal entity ______________________________
Business Identification Number (BIN) ________________________
20. In case of a merger, the following information must be indicated:
Names of legal entities, participating in the merger ____________
Business Identification Number (BIN) ______________________
21. In the case of separation, the following information must be indicated:
Name of the current legal entity from which a new legal entity is separated ____________________________________________________________________
Business Identification Number (BIN) _______________________________
22. In the case of division, the following information must be indicated:
Name of a legal entity on the basis of which legal entities are created: ______________________________________________________________________
Business Identification Number (BIN) _________________________________
I agree to the use of information, constituting a secret protected by the Law,
contained in information systems __________________________________
The application is attached by: ___________________________________
____________________________________________________________
S. N. P. (if any) and signature of the head
"____" __________________ 20 _____
The authenticity of the signature must be notarized.
Application
for state registration of a production cooperative, carrying out
its activities on the basis of a standard charter
1. Name of a production cooperative ____________________________________
2. Participation in the composition of foreign investors (indicate in the appropriate box x): 1) yes __________ 2) no _______________
3. A legal entity is a subsidiary (indicate in the appropriate box x):
1) yes _____________ 2) no ___________
4. Location of a production cooperative
Address registration code: _____________ postal Code: __________
Region: ______________________________________________
City, district, __________________________________________
Rural district, district in the city: __________________________
Village, settlement _____________________________________
Part of locality (street, avenue, etc.): _______________________
House number _________________, premise: _______________
Phone number: ________________ E-mail address: __________
5. S. N. P. (if any) of the head _______________________________________
(with indication of identity data and IIN)
6. Indicate the code of the main type of economic activity: __________
7. Agricultural cooperative (indicate in the appropriate box x):
1) yes __________ 2) no __________
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _____________________
9. Composition and number of founders (indicate in the appropriate box x, number in digital designation):
1) a legal entity ________ 2) an individual ___________________
10. Information about the founders of a legal entity
S. N. P. of an individual ____________________________________________
(with indication of identity data, IIN, analogue of the tax registration number, or country code (for a foreign individual) ___________________________________________________________________
Share size% ________ Property contribution _________________________
S. N. P. (if any) of an individual ___________________________________
IIN, analogue of tax registration number, or country code (for a foreign individual) __________________________________________________________________
Share size% ___________ Property contribution ___________________
If there are more than one founders information about them: S. N. P., identity data, IIN, BIN, name, location, tax of tax registration number, or country code (as well as property contribution), information on the size of the share is attached to the application on a separate sheet.
11. The procedure, ways and terms of making a property contribution by cooperative members ___________________________________________________________________
12. The relationship between the cooperative and its members, the executive body and workforce: __________________________________________________________
13. Composition of the audit commission ____________________________
14. Term of election of the audit commission _______________________________
15. The expected (approximate) number of employed people ___________________
16. A subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of small entrepreneurship _______________________________
2) a subject of medium entrepreneurship _____________________________
3) a subject of large entrepreneurship ________________________________
17. Reorganization precedes the creation of a legal entity (indicate in the appropriate box x):
1) transformation __________ 2) merger _____________________________
3) separation _____________ 4) division ____________________________
18. Number of legal entities, participating in the reorganization __________
19. In the case of transformation, the following information must be indicated:
Former name of a legal entity ______________________________
Business Identification Number (BIN) _______________________
20. In the case of a merger, the following information must be indicated:
Names of legal entities, participating in the merger ____________
Business Identification Number (BIN) ______________________
21. In the case of separation, the following information must be indicated:
Name of the current legal entity from which a new legal entity is separated ________________________________________________________________
Business Identification Number (BIN) ___________________________
22. In the case of division, the following information must be indicated:
The name of the legal entity on the basis of which legal entities are created _______________________________________________________________
Business Identification Number (BIN) __________________________
I agree to the use of information, constituting a secret protected by the Law, contained in information systems ______________________________________________
The application is attached by: _______________________________________________________________
S. N. P. (if any) and signature of the chairman of the board (chairman) of a
cooperative.
"____" __________________ 20 ____
The authenticity of the signature (s) must be notarized.
| Appendix 11 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
Application
for state registration of a subject of medium entrepreneurship, as well as for opening a bank
account and compulsory insurance of an employee from accidents (except for cases when a
founder (founders) of a legal entity carries (carry) out its activities without entering into labor
relations with individuals)
1. Form of organization: ________________________________________
2. Organizational-legal form: ____________________________________
3. Indicate the name of the organization without organizational-legal form:
name in the state language without indicating OLF*: __________________
name in Russian without indicating OLF*: __________________________
name in English with indication of OLF*: __________________________
short name in the state language: _________________________________
short name in Russian: _________________________________________
short name in English with indication of OLF*: _____________________
4. Head: S.N.P.* /citizenship/number (series if any), issuing body / validity terms, data of an identity document, incl. IIN*
5. Decision of the authorized body of a LE* on appointment of the head ________
decision number: _______ decision date: _________
6. Information about the founders - residents:
for an individual: IIN*, S. N. P.*, deposit amount _________ tenge, share in the
authorized capital ______%;
for a legal entity: BIN*, name of organization, deposit amount _______ tenge, share in the authorized capital ___%;
6.1. Information about the founders - non-residents:
for an individual: IIN* (if any), data of the document, certifying identity,
S. N. P.*, citizenship, deposit amount ______ tenge, participation share ___%;
for a legal entity: BIN* (if any), number under which the organization registered in a foreign country, name of organization, jurisdiction (country) of registration, address of location, amount of deposit ______ tenge, participation share ___%
7. It acts according to the standard charter: Yes _______, No ________
8. Information on the beneficial owner (s): citizenship, S. N. P.*, identity document data, IIN* (if any)
9. Location of a legal entity, branch (a representative office) type of location:
own property address _________________________________________________,
rental property address ________________________________________________
address registration code: ______________________________________________
address: region ________________________, city, district, ___________________
rural district, district in the city: _________________________________________
village,settlement_____________________________________________________
part of locality (street, avenue, etc.): ______________________________________
type of property: premise____________, building ___________________________
identification data: house number _________, building number ________________,
block number ________ apartment_______________________________________
postal code: ______________ phone number (fax) __________________________
10. Registration body (automatically filled in according to the specified address):
11. Code of the main type of economic activity: ________________________
12. The expected (approximate) number of employed people (at least 1 person):
____________________________________________________________________
13. Registration as a VAT payer *: Yes __________, No ___________
14. Open a bank account and enter into an insurance contract: Yes ___ No ____
15. Choose a bank (selection from the directory): ____________________________
16. Choose a bank branch (selection from the directory): ______________________
17. Choose a currency (selection from the directory): _________________________
18. Phone number: ____________________________________________________
19. Information about the executive body:
sole _____________________, collegial _________________________
name of the executive body ____________________________________
20. Choose an insurance company (selection from the directory): ________________
21. Annual labor remuneration fund in tenge ________________________________
22. Indicate the start and end dates of the insurance period:
start date of insurance term ______________________________________________
end date of insurance term ______________________________________________
23. Attach documents: electronic copy of the charter (if any).
I agree to the use of information, constituting a secret protected by the Law, contained in information systems __________
BIN* - business identification number
IIN* - individual identification number
OPL* - organizational-legal form
VAT* - value added tax
RPC* - risk productivity coefficient
S. N. P.* - surname, name, patronymic (if any)
LE* - legal entity, Beneficiary* - an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (less preferred and purchased by the company) shares of a client-legal entity, as well as an individual who otherwise controls the client, or in whose interests the client performs transactions with money and (or) other property
| Appendix 12 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
NOTIFICATION
about the intention to create a political party
"__" __________ 200______ № _________
In accordance with Article 6 of the Law of the Republic of Kazakhstan “On Political Parties”, we, undersigned shall notify the Ministry of Justice of the Republic of Kazakhstan of the intention to create a political party
_______________________________________________________:
proposed name
(S. N. P. (if any), signature) 1. ______________________________;
(S. N. P. (if any), signature) 2. ______________________________;
(S. N. P. (if any), signature) 3. ______________________________;
(S. N. P. (if any), signature) 4. ______________________________;
(S. N. P. (if any), signature) 5. _____________________________;
(S. N. P. (if any), signature) 6. ______________________________;
(S. N. P. (if any), signature) 7. ______________________________;
(S. N. P. (if any), signature) 8. ______________________________;
(S. N. P. (if any), signature) 9. ______________________________;
(S. N. P. (if any), signature) 10. _____________________________.
The following documents are attached: ________________________
| Appendix 13 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
Information about the members of the organizing committee on creation a political party "__" ________ 20_______
№ | Full name | Date of birth | Information about an identity document or identification number | Place of residence, contact telephone | Signature |
1. | |||||
2. | |||||
3. | |||||
4. | |||||
5. | |||||
6. | |||||
7. | |||||
8. | |||||
9. | |||||
10. |
| Appendix 14 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
Confirmation on document submission
The Ministry of Justice of the Republic of Kazakhstan hereby confirms
that the authorized person of the organizing committee
__________________________________________________________________
surname, name, patronymic (if any)
identity document: __________________________________________________
number, date of issue of the document, by whom it was issued presented, and registration body received on "__" _______ 20_____ in. № ________ the following documents:
№ | Name of the document | Documents submitted | |
on paper carrier (number of sheets) | on electronic carrier (file name) | ||
1. | Notification | ||
2. | list of citizens' initiative group on creating a political party | ||
3. | information about the members of the organizing committee | ||
4. | protocol of the meeting of the organizing committee of "__" __________ 20_____ | ||
Registration body | |||
5. | Position of an employee of the registration body | ||
6. | Surname | ||
7. | Name | ||
8. | Patronymic (if any) | ||
9. | Contact phone number | ||
10. | Signature | ||
| Appendix 15 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
List of members
__________________________________________
name of a political party
__________________________________________
region, the cities of Nur-Sultan, Almaty and Shymkent
№ п/п | Surname, name, patronymic (if any) | Date of birth | Identification number of a citizen of the Republic of Kazakhstan and IIN | Address of residence |
1 | 2 | 3 | 4 | 5 |
_________________________________________________________________
surname, name and signature of the person responsible for compiling the list
(each sheet of the list is sealed with the signature of the person responsible for
compiling a list)
| Appendix 16 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
List of citizens-initiators of the created religious association
_______________________________________________________________
name of religious association
_______________________________________________________________
region, the cities of Nur-Sultan, Almaty and Shymkent
№ п/п | Surname, name, patronymic (if any) | Date of birth | Information on the identity document of a citizen of the Republic of Kazakhstan, IIN | Address of residence, home and office telephone number |
Personal signature |
1 | 2 | 3 | 4 | 5 | 6 |
| Appendix 17 to the standard of state service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
Notification
on the start of entrepreneurial activity (for the subjects of small entrepreneurship) with
opening of a bank account and compulsory insurance of an employee from accidents (except
for cases when the founder (founders) of a legal entity carries out (carry out) activities
without entering into labor relations with individuals)
1. Form of organization: ________________________________________________
2. Organizational-legal form: ____________________________________________
3. Indicate the name of the organization without organizational-legal form:
name in the state language without indicating OLF*: __________________
name in Russian without indicating OLF*: __________________________
name in English with indication of OLF*: ___________________________
short name in the state language: __________________________________
short name in Russian: __________________________________________
short name in English with indication of OLF*: ______________________
4. Head: S. N. P.*/citizenship/number (series if any), issuing body, validity terms, an identity document data, including IIN*
5. Decision of the authorized body of the LE* on appointment of the head ________
decision number: _______ decision date: _________
6. Information about the founders - residents:
for an individual: IIN*, S. N. P.*, deposit amount _________________ tenge,
share in authorized capital ___%;
for a legal entity: BIN*, name of organization, deposit amount __________ tenge, share in the authorized capital ___%;
6.1. Information about the founders - non-residents:
for an individual: IIN* (if any), identity document data, S. N. P.*, citizenship, deposit amount ______ tenge, participation share _____%;
for a legal entity: BIN* (if any), number under which the organization is registered in a foreign country, name of organization, jurisdiction (country) of registration, address of location, amount of deposit __________tenge, participation share ___%
7. It acts according to the standard charter: Yes _______, No ________
8. Information on the beneficial owner (s): citizenship, S. N. P.*, identity document data, IIN * (if any)
9. Location of a legal entity, branch (a representative office) type of location:
own property address _______________________________________________,
rental property address ______________________________________________
address registration code: ____________________________________________
address:
region ________________________, city, district, ________________________
rural district, district in the city: _______________________________________
village, settlement __________________________________________________
part of the locality (street, avenue, etc.): _________________________________
type of property: premise ______________, building ______________________
identification data: house number ________, building number _______________,
block number ____ apartment _________________________________________
postal code: ___________ phone number (fax) ___________________________
10. Registration body (filled in automatically according to the specified address):
11. Code of the main type of economic activity: ______________________
12. The expected (approximate) number of employed people (at least 1 person):
_________________________________________________________________
13. Registration as a VAT payer*: Yes __________, No _________
14. Open a bank account and enter into an insurance contract: Yes ___ No ___
15. Choose a bank (selection from the directory): __________________________
16. Choose a bank branch (selection from the directory): ____________________
17. Choose a currency (selection from the directory):_______________________
18. Phone number: __________________________________________________
19. Information about an executive body:
sole _____________________, collegial _______________________
name of the executive body __________________________________
20. Choose an insurance company (selection from the directory): ________________
21. Annual labor remuneration fund in tenge ________________________________
22. Indicate the start and end dates of the insurance period:
start date of insurance term ______________________________________________
end date of insurance term _______________________________________________
23. Attach documents: electronic copy of the charter (if any).
I agree to the use of information, constituting a secret protected by the Law, contained in information systems __________
BIN* - business identification number
IIN* - individual identification number
OPL* - organizational-legal form
VAT* - value added tax
RPC* - risk productivity coefficient
S. N. P.* - surname, name, patronymic (if any)
LE* - legal entity, Beneficiary* - an individual who directly or indirectly owns more than twenty-five percent of participation shares in the authorized capital or placed (less preferred and purchased by the company) shares of a client-legal entity, as well as an individual who otherwise controls the client, or in whose interests the client performs transactions with money and (or) other property
| Appendix 2 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service “State re-registration of legal entities, accounting re-registration of
their branches and representative offices”
Chapter 1. General provisions
1. State service “State re-registration of legal entities, accounting registration of their branches and representative offices” (hereinafter - a state service).
2. The standard of state service is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices, which are non-commercial organizations and the State corporation "Government for citizens" (hereinafter - the State corporation) in relation to legal entities, branches and representative offices, which are commercial organizations.
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
1) a non-commercial joint-stock company “State corporation “Government for citizens” (hereinafter - the State corporation);
2) a web portal of "electronic government" www.egov.kz (hereinafter - the portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service from the moment of submission of documents:
1) to the State corporation:
state re-registration of legal entities related to the subjects of private entrepreneurship, accounting registration of their branches (representative offices), with the exception of joint stock companies, their branches (representative offices), carrying out activity on the basis of the charter, which is not standard, shall be made no later than one working day following the day of an application submission with attachment of necessary documents;
state re-registration of legal entities not related to the subjects of private entrepreneurship, as well as joint-stock companies, carrying out activity on the basis of a charter that is not standard, with the exception of political parties, accounting registration of their branches (representative offices) shall be made no later than ten working days at the place of location of a service provider, no later than fifteen working days not at the place of location of a service provider, following the day of application submission with attachment of necessary documents;
state re-registration of political parties and accounting registration of their branches (representative offices) shall be made no later than one month from the date of an application submission with attachment of necessary documents.
Maximum allowable waiting time for submission of documents - no more than 15 minutes;
Maximum allowable time for servicing a service recipient - no more than 20 minutes.
2) on the portal - state re-registration of legal entities related to the subjects of small and medium entrepreneurship, and their branches (representative offices), with the exception of joint stock companies, their branches (representative offices), carrying out activity on the basis of the charter, which is not standard, branches and representative offices of foreign non-commercial legal entities shall be rendered within one working day (when the service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of applications and issuance of the result of rendering a state service shall be carried out the following working day).
In cases of submission of an incomplete package of documents, presence of deficiencies in them, need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by legislative acts of the Republic of Kazakhstan, the term of state (accounting) re-registration of a legal entity, branch or representative office shall be interrupted until elimination of identified deficiencies or obtaining the appropriate opinion (expertise).
State (accounting) re-registration of public and religious associations with republican and regional statuses, including political parties, branches and representative offices of foreign and international non-commercial non-governmental associations, shall be performed by the Ministry.
State re-registration of legal entities, accounting re-registration of branches and representative offices in the relevant field, public and religious associations with local status, funds and associations of legal entities, accounting re-registration of branches and representative offices of public and religious associations, shall be carried out by territorial bodies of justice.
State re-registration of commercial organizations and accounting re-registration of their branches and representative offices shall be carried out by non-commercial joint-stock company “State corporation “Government for citizens”.
5. Form of rendering a state service: electronic/paper.
6. The result of rendered state service:
a certificate on state re-registration of a legal entity related to a non-commercial organization according to Appendix 1, and a legal entity related to a commercial organization according to Appendix 2, as well as a certificate on accounting re-registration of a branch (representative office) of a legal entity related to a non-commercial organization in the form, according to Appendix 3, and the branch (a representative office) of a legal entity related to a commercial organization in the form according to Appendix 4 to this standard (hereinafter- a certificate), or in writing a reasoned refusal to render a state service in cases and on the grounds provided for in paragraph 10 of this standard.
When applying the portal, the result of rendering a state service in the form of an electronic document, certified by an electronic digital signature (hereinafter - EDS) shall be sent to the "personal account" of a service recipient.
Form of provision of the result of rendering a state service: electronic/paper.
If a service recipient provides an incomplete package of documents according to the list provided for in paragraph 9 of this standard, the employee of the State corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form, according to Appendix 5 to this standard.
7. A state service shall be rendered for a fee to legal entities (hereinafter - a service recipient).
A registration fee is established for rendering a state service on re-registration of non-commercial organizations. The registration fee shall be calculated at the rates established by the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget (Tax Code)” in accordance with Appendix 6 to this Standard and paid before submission of the relevant documents at the place of registration of the object of taxation.
A fee shall be charged for rendering a state service on re-registration of commercial organizations, their branches and representative offices in accordance with the prices for goods (works, services) in the field of state registration of legal entities according to Article 10 of the Law “On State registration of legal entities and accounting registration of branches and representative offices".
In the case of submission of an electronic request for a state service through the portal, payment shall be made through the payment gateway of "electronic government".
8. Work schedule:
1) of service providers:
in the Ministry and territorial bodies of justice - from Monday to Friday inclusive from 9.00 to 18.30, except for weekends and holidays with a lunch break from 13.00 to 14.30, according to the Labor Code of the Republic of Kazakhstan;
2) in the branches of the State corporation - from Monday to Friday inclusive from 9.00 to 18.30, except for weekends and holidays with a lunch break from 13.00 to 14.30, according to the Labor Code of the Republic of Kazakhstan;
3) State corporation for acceptance and issuance of documents - from Monday to Saturday inclusive, from 9.00 to 20.00 without a break, except for Sundays and holidays, according to the Labor Code of the Republic of Kazakhstan in accordance with the established schedule.
Reception shall be carried out in the order of "electronic" queue, at the choice of a service recipient without expedited service, it is possible to book an electronic queue through the portal.
4) of the portal - round-the-clock, except for technical breaks related to repair works (when service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of an application and issuance of the result of rendering a state service shall be carried out on the next working day).
9. The list of documents required for rendering a state service when a service recipient (or his/ her representative by power of attorney) applies to:
1) to the State corporation:
an application in the form according to Appendices 7, 8, 9 and 10 to this standard (hereinafter - an application). A legal entity in which share the state participates, shall submit an application with a mark of the registrar;
a decision or an extract from the decision of an the authorized body of a legal entity on state (accounting) re-registration, providing for amendments and additions to the constituent documents of a legal entity, provisions on a branch (a representative office), sealed with a stamp of a legal entity (except for the subjects of private entrepreneurship);
three copies of constituent documents (provisions) with amendments and additions for a legal entity not related to the subject of a private entrepreneurship, as well as a joint-stock company, their branches (representative offices);
originals of the previous constituent documents of a legal entity not related to the subject of a private entrepreneurship, as well as a joint-stock company, provisions on their branches (representative offices);
a receipt or other document confirming payment of a fee to the budget for the state re-registration of legal entities related to non-commercial organizations and accounting re-registration of their branches and representative offices or a document confirming payment to the State corporation “Government for citizens”.
For state re-registration of economic partnerships on the basis of a change in the composition of participants, with the exception of limited partnerships in which maintenance of the registry of participants in a limited liability partnership is carried out by the central depository, a document shall be submitted, confirming the alienation (cession) of the right of a retiring participant of the economic partnership to a share in the property (charter capital) of the partnership or its part in accordance with the legislative acts of the Republic of Kazakhstan and constituent documents.
A contract on alienation (cession) of the right of a retiring participant of a economic partnership to a share in the partnership’s property (charter capital) or its part to which an individual is a party shall be subject to notarization.
For state re-registration of subjects of natural monopolies, the consent of the authorized body in charge of natural monopolies shall be required, for re-registration of the market subjects, occupying a monopoly position in the relevant product market, as well as state enterprises, legal entities, more than fifty percent of the shares (participation shares in the authorized capital) of which belong to the state, and persons affiliated with them who will carry out their activities on the territory of the Republic of Kazakhstan, except for cases when such creation is directly provided for by the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan, or resolutions of the Government of the Republic of Kazakhstan, the consent of the antimonopoly body is required.
Branches and representative offices shall be subject to re-registration in case of change of name.
Constituent documents, drawn up in the state and Russian languages shall be submitted in a laced and numbered form, in triplicate.
When rendering a state service, a service recipient (founder, participant) or his/her representative by a power of attorney submits a written consent to the use of information constituting a secret, protected by the Law, contained in information systems, in rendering state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
When rendering state services, it shall not be allowed to claim from service recipients:
1) documents that can be obtained from information systems;
2) notarized copies of documents, the originals of which are submitted for verification to a service provider, with the exception of cases provided for by the legislation of the Republic of Kazakhstan, regulating the issues of pension and social security.
Issuance of ready documents to a service recipient shall be carried out by an employee of the State corporation on the basis of a receipt on acceptance upon presentation of an identity document (or power of attorney) in the State corporation,
The State corporation ensures storage of the result for one month, after which it transfers them to the body of justice (for re-registration of non-commercial organizations and their branches and representative offices) for further storage. When a service recipient applies after one month, at the request of the State corporation, the body of justice shall send ready documents to the State corporation for issuance to a service recipient within one working day.
2) on the portal:
for state re-registration of legal entities, related to the subjects of private entrepreneurship by the founder (founders):
an electronic application;
upon reduction of the size of the authorized capital and notification in print media, a scanned copy of the clipping on publication;
a scanned copy of the receipt/payment order if a service recipient has not chosen the way of payment of the state fee for rendering a state service through PGEG;
when changing place of location:
in case of ownership rights to the property: an electronic confirmation from the State database “Register of real estate” (hereinafter - the SDB RRE) about the ownership’s right, registered at the business identification number of a service recipient to a primary or secondary property, located at the address, indicated by a service recipient, signed with an EDS of SDB RRE;
in case of renting a room from a legal entity: a scanned copy of the lease. In case of renting a room from an individual: a scanned copy of the notarized consent of an individual on provision of the premise as the location of a legal entity;
in case of sublease of the premise: scanned copies of the lease and sublease;
when a non-resident of the Republic of Kazakhstan is included in the composition of participants, a scanned copy of a legalized extract from the trade register or other legalized document, certifying that the founder is a foreign legal entity under the legislation of a foreign state, with a notarized translation in the Kazakh and Russian languages;
when a foreign person is included in the composition of participants, a scanned copy of the passport or other document, certifying the identity of a foreign founder, with a notarized translation in the Kazakh and Russian languages, if the manager, a new participant/founder is a foreign person;
in case of a change in the composition of participants by a joint-stock company or an economic partnership, for which maintenance of register of participants is carried out by the central depository, a scanned copy of the register of participants certified by the stamp of the registrar.
An electronic application shall be signed by the EDS of a service recipient. If an authorized person of a service recipient is not his/her head, then an application shall be agreed with the head. For a legal entity, with the exception of economic partnerships, joint-stock companies and production cooperatives, an electronic application must be agreed on the PEG with its participants. For a branch (a representative office) - by the head of its legal entity.
In rendering a state service, a service recipient submits consent to the use of information, constituting a secret protected by the Law contained in information systems in rendering state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
Information on identity documents, on state registration (re-registration) of a legal entity, a document, confirming payment of the amount of registration fee to the budget (in case of payment through PGEG) by a service recipient, a service provider and an employee of the State corporation shall receive from the relevant state information systems through the “e-government” gateway.
10. The grounds for refusal in rendering a state service shall be:
1) violation of the procedure for state re-registration and reorganization of a legal entity, established by the legislative acts of the Republic of Kazakhstan, including Article 45 of the Civil code of the Republic of Kazakhstan dated December 27, 1994 and chapter VI of the Law dated April 22, 1998 "On limited and additional liability partnerships", non-compliance of constituent documents with the Law of the Republic of Kazakhstan dated April 17, 1995 “On state registration of legal entities and accounting registration of branches and representative offices”;
2) non-submission of a transfer act or separation balance sheet or lack of provisions on succession of a reorganized legal entity in them;
3) if a legal entity or a sole founder (participant) of a legal entity is an inactive legal entity;
4) if an individual who is the founder (participant) and (or) the leader of a legal entity is the sole founder (participant) and (or) the leader of inactive legal entities and (or) is recognized as incapable or partially capable, and (or) is recognized as missing, and (or) is declared dead, and (or) has an outstanding or unexpunged conviction for crimes under Articles 237, 238 and 240 of the Criminal code of the Republic of Kazakhstan, as well as in the event that the founder (an individual and (or) a legal entity), head of a legal entity, the founder and (or) the head of a legal entity, that created the legal entity, are debtors under the executive document, with the exception of the person who is the debtor in the enforcement proceedings for collection of periodic payments and who has no debt in the enforcement proceedings for periodic collection of more than three months;
This subparagraph does not apply to the cases of re-registration of legal entities, with the exception of the grounds for changes in the composition of founders (participants) in economic partnerships, where new founders (participants) and (or) persons alienating the share are debtors under the executive document;
5) if an individual who is the founder (participant) and (or) the leader of a legal entity is included in the list of organizations and persons associated with financing of terrorism and extremism, in accordance with the Law of the Republic of Kazakhstan dated October 11, 2011 “On religious activities and religious associations”;
6) submission of lost and (or) invalid identity documents, as well as inaccurate documents, submitted by a service recipient for receiving a state service, and (or) data (information) contained in them;
7) availability of judicial acts and resolutions (prohibitions, arrests) of bailiffs and law enforcement agencies, including court decisions (sentences) on prohibition of activities or certain types of activities requiring the receipt of a state service, as well as court decisions on the basis of which a service recipient is deprived of a special right, related to receiving a state service;
8) a negative response of the authorized state body to the request for approval, which is required for rendering a state service, as well as the negative conclusion of an expertise, examination, or verification.
Refusal in accounting re-registration of a branch (representative office) shall be carried out in cases of violation of the procedure for creating a branch (representative office), inconsistency of documents submitted for accounting re-registration established by legislative acts of the Republic of Kazakhstan, including by Article 24 of the Law of the Republic of Kazakhstan dated January 16, 2001 “On non-commercial organizations” and Article 43 of the Civil code of the Republic of Kazakhstan dated December 27, 1994
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service providers and (or) their officials, the State corporation and (or) their employees on the issues of rendering state services
11. Appeal of decisions, actions (inaction) of the service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 14 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, and also if desired patronymic, individual identification number, postal address, for a legal entity - name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) A complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses, specified in paragraph 14 of this standard of state service or through a Unified contact center on the issues of rendering state services: 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint to the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint).
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider.
When applying through the portal, information about the appeal procedure shall be obtained through a unified contact-center on the issues of rendering state services: 1414, 8 800 080 7777.
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
12. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering state services, including those rendered in electronic form and through the State corporation
13. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact- center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
14. Addresses of rendering a state service are placed on the Internet resources of:
a service provider - www.adilet.gov.kz, section “State services”;
the State corporation – www.gov4c.kz.
15. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center.
16. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
| Appendix 1 to the standard of State service "State re-registration of legal entities, accounting registration of their branches and representative offices" |
|
| Form |
Ministry of Justice of the Republic of Kazakhstan
(option: (Territorial body of justice) _________)
Certificate on state re-registration of a legal entity
_________________________________
business identification number
________________ | "___"_________ 20__ . |
Name:
___________________________________________________________________
___________________________________________________________________
Location:
___________________________________________________________________
Head:
___________________________________________________________________
Founders (participants):
__________________________________________________________________
Carries out activities on the basis of a standard charter.
A certificate is a document confirming state re-registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _____________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
| Appendix 2 to the standard of state service "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
|
| Form |
non-commercial joint-stock company
State corporation "Government for citizens"
(option: (Territorial unit) _)
Certificate on state re-registration
of a legal entity
________________________________
business identification number
________________ | "___"_________ 20__ . |
Name:
___________________________________________________________________
___________________________________________________________________
Location:
___________________________________________________________________
Head:
___________________________________________________________________
Founders (participants):
___________________________________________________________________
Carries out activities on the basis of a standard charter.
A certificate is a document confirming state re-registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _______________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
| Appendix 3 to the standard of state service "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
|
| Form |
Ministry of Justice of the Republic of Kazakhstan
option: (Territorial body of Justice) _________)
Certificate on accounting re-registration
of a branch (a representative office) of a legal entity
_________________________________
business identification number
________________ | "___"_________20__ |
Name of a branch (a representative office) of a legal entity:___________________
___________________________________________________________________
Name of a legal entity:_________________________________________________
____________________________________________________________________
Location of a branch (a representative office) of a legal entity: __________________
____________________________________________________________________
A certificate is a document confirming re-registration of a branch (a representative office) in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _______________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
| Appendix 4 to the standard of state service "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
|
| Form |
non-commercial joint-stock company
State corporation "Government for citizens"
(option: (Territorial unit) _)
Certificate on accounting re-registration
of a branch (a representative office) of a legal entity
_________________________________
business identification number
________________ | "___"_________20__ |
Name of a branch (a representative office) of a legal entity:____________________
____________________________________________________________________
Name of a legal entity:__________________________________________________
____________________________________________________________________
Location of a branch (a representative office) of a legal entity: __________________
____________________________________________________________________
A certificate is a document confirming accounting re-registration of a branch (a representative office) in accordance with the legislation of the Republic of Kazakhstan
Head of the registration body ____________ _______________________________
(Signature) (S. N. P. (if any))
Stamp place
Date of issue
Receipt
on refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”, department №.__ of the branch
of the State corporation (indicate the address) refuses to accept documents for rendering a state service (indicate the name of a state service in accordance with the standard of state service) due to your submission of an incomplete package of documents according to the list provided for by the standard of state service, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each side.
S. N. P. (if any) (of an employee of the State corporation) __________________
(signature)
Executor: S. N. P. (if any) ____________________________
Telephone __________
Received: S. N. P.(if any) / ____________________________
signature of a service recipient
"___" _________ 20_____
| Appendix 6 to the standard of state service "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
The rates of fees are calculated based on the size of the monthly calculation index, established for the corresponding financial year by the Law on republican budget (hereinafter - MCI), and are as follows:
№ п/п | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of activities of legal entities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), accounting registration (re-registration), deregistration of their branches and representative offices, with the exception of commercial organizations: | |
1.1. | of legal entities, their branches and representative offices | 6,5 |
1.2. | of political parties, their branches and representative offices | 14 |
2. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan) of institutions, financed from the budget, cooperatives of owners of premises (apartments), accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1. | for state registration, registration of activities termination, accounting registration, deregistration | 1 |
2.2. | for re-registration | 0,5 |
3. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases, provided for by the legislation of the Republic of Kazakhstan) of children's and youth public associations, as well as public associations of disabled people, accounting registration (re-registration), deregistration of their branches and representative offices, branches of republican and regional national and cultural public associations: | |
3.1. | for registration (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan) | 2 |
3.2. | for re-registration, state registration of termination of activity (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
| Appendix 7 to the standard of state service "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Application
for state (accounting) re-registration
of a legal entity, a branch (a representative office)
1. Form of organization (indicate in the appropriate box x)
1) an entity _________ 2) a branch ________
3) a representation office ________
2. Name of a legal entity, a branch (a representative office)
___________________________________________________________________
3. Business Identification Number (BIN) __________________________________
4. Grounds for re-registration (indicate in the appropriate box x):
1) change of name ___________________
2) reduction in the size of the authorized capital _______
3) change in the composition of participants in an economic partnership (with the exception of limited partnerships in which maintenance of the register of participants is carried out by the central depository) __________________________________
5. Location of a legal entity, a branch (a representative office)
Address registration code: _____________ Postal code:__________
Region: _________________________________________________________
City, district, district in the city:______________________________________
Locality (village, settlement): _______________________________________
Street, microdistrict, quarter, lane, avenue: _____________________________
House number __________, apartment, room: __________
Phone number (fax): ______________________________
6. S. N. P. (if any). of the head _______________________________________
________________________________________________________________
(with indication of identity data and IIN)
7. Composition and number of founders (indicate in the appropriate box x, the number in digital designation):
1) a legal entity ______ 2) an individual ________
Name of a legal entity __________________________________________
(indicating BIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) __________________________________________________________________
S. N. P. (if any) of an individual __________________________________
(with indication of identity data and IIN)
Share in the authorized capital% ___________ Deposit amount (thousand tenge) __________________________________________________________________
If there are more than one founders information about them: S. N. P. (if any),
with indication of identity data and IIN (for an individual), name indicating BIN (for a legal entity), as well as their share in the authorized capital in percentage
and in monetary terms shall be attached to the application on a separate sheet.
8. Indicate the code of the main type of economic activity: _______________________
9. Size of the authorized capital ____________________________________________
10. The expected (approximate) number of employed people _____________________
11. The ground for re-registration of a legal entity arose as a result of
reorganization (indicate in the appropriate box x):
1) yes _______ 2) no ________
12. In case of affiliation, the following information must be indicated:
Names of affiliated legal entities ________________________________________
Business Identification Number (BIN) ____________________________________
13. The subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of small entrepreneurship ____________________________________
2) a subject of medium entrepreneurship___________________________________
3) a subject of large entrepreneurship _____________________________________
I agree to the use of information constituting a secret protected by the Law, contained in information systems ________________________________________________________
"____" ________________ 20______
The application is attached by: __________________________________________
_________________________________________
S.N. P. (if any) and applicant's signature
Application
for state re-registration of economic partnerships,
carrying out its activities on the basis of a standard charter
1. Name of a legal entity _______________________________________________
____________________________________________________________________
2. Organizational-legal form (indicate in the appropriate box x):
1) full partnership _____________________________________________________
2) limited partnership __________________________________________________
3) limited liability partnership ___________________________________________
4) partnership with additional responsibility ________________________________
3. Business Identification Number (BIN) ___________________________________
4. The ground for re-registration of an economic partnership (indicate in the appropriate box x):
1) change of name ___________________
2) reduction in the size of the authorized capital _______
3) change in the composition of participants in an economic partnership (with the exception of limited partnerships in which maintenance of the register of participants is carried out by the central depository) ________________________________________________________________
5. Location of a legal entity
Address registration code: _____________ Postal code:_______________________
Region: _____________________________________________________________
City, district, district in the city:__________________________________________
Locality (village, settlement): ___________________________________________
Street, microdistrict, quarter, lane, avenue: _________________________________
House number __________, apartment, room: __________
Phone number (fax): _______________________________
6. S. N. P. (if any). of the head ___________________________________________
____________________________________________________________________
(with indication of identity data and IIN)
7. Indicate the code of the main type of economic activity: _____________________
8. Size of the authorized capital __________________________________________
9. Composition and number of founders (indicate in the appropriate box x, the number in digital designation):
1) a legal entity ______ 2) an individual ________
10. Indicate information about the founders of a legal entity (with the exception of partnerships with limited liability in which the maintenance of the register of participants is carried out by the central depository)
Name of a legal entity ________________________________________
(indicating BIN)
Share in the authorized capital% ___________ Deposit amount (thousand tenge) _____________
S. N. P. (if any) of an individual __________________________________
(with indication of identity data and IIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) _______________
If there are more than one founders, information about them: S. N. P. (if any)
with indication of identity data and IIN, analogue of tax number
registration, or country code (for an individual), name indicating BIN,
analogue of tax registration number, or country code (for a legal entity),
as well as their share in the authorized capital in percentage and money terms
shall be attached to the application on a separate sheet.
11. The expected (approximate) number of employed people _____________________
12. In case of formation of a supervisory board, indicate
exclusive competence: _________________________________________________
____________________________________________________________________
13. Indicate the term of the audit commission (sole auditor) ______________
14. The subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of small entrepreneurship ______________________
2) a subject of medium entrepreneurship___________________________________
3) a subject of large entrepreneurship _____________________________________
15. The ground for re-registration arose as a result of reorganization (indicate in the appropriate box x):
1) yes _______ 2) no ________
16. In case of affiliation, the following information must be indicated:
Names of affiliated legal entities ________________________________________
Business Identification Number (BIN) ____________________________________
I agree to the use of information constituting a secret protected by the Law, contained in information systems __________
"____" ________________ 20______
The application is attached by: ________________________________________________
__________________________________________________________________________
S.N. P. (if any) and signatures of the founders (in case when maintenance of the register of participants is carried out by the central depository - signature of the person authorized by the protocol of general meeting of founders (decision of the participant).
The authenticity of the signature (s) must be notarized.
Application
for state re-registration of a joint stock company, carrying out
its activities on the basis of a standard charter
1. Name of a joint-stock company _____________________________________
_________________________________________________________________
2. Business Identification Number (BIN) ________________________________
3. The ground for re-registration of a joint-stock company (indicate in the appropriate box x):
1) change of name ___________________
2) reduction in the size of the authorized capital _______
4. Location of a joint stock company
Postal code: ______________________ Region: _____________________
City, district, district in the city: ___________________________________
Locality (village, settlement): _____________________________________
Street, microdistrict, quarter, lane, avenue: _________________
House number _________________, apartment, room: _________________
Phone number (fax): ____________________________________________
5. S. N. P. (if any) of the head _____________________________________
(with indication of identity data and IIN)
6. Indicate the code of the main type of economic activity: ______________
7. Size of the authorized capital ______________________________________________
8. Composition and number of founders (indicate in the appropriate box x, the number in digital designation): 1) a legal entity _____________ 2) an individual ____________________________
9. Indicate the guaranteed amount of dividends on preferred shares:
________________________________________________________________________
(in a fixed expression or with indexing relative to any indicator subject to the regularity and public availability of its values)
10. Indicate the frequency of dividends payment on preferred shares:
_______________________________________________________________________
11. Indicate the mass media used for publication information subject to mandatory publication _____________________________________________________________________________
_______________________________________________________________________
12. Number of members of the board of directors of the company _____________________________________________________________________________
the requirements of paragraph 37 of a standard charter apply to financial organizations.
13. Number of members of the board of the company ____________________________
14. The expected (approximate) number of employed people ______________________
15. The subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of medium entrepreneurship ______________________________________
2) a subject of large entrepreneurship_________________________________________
16. The ground for re-registration of a joint stock company arose as a result of
reorganization (indicate in the appropriate box x): 1) yes ______ 2) no ______________
17. In case of affiliation, the following information must be indicated:
Names of affiliated legal entities _____________________________________________
Business Identification Number (BIN) ________________________________________
I agree to the use of information constituting a secret protected by the Law,
contained in information systems ____________________________________________
"___" ____ 20 _____ . (Signature)
The application is attached by: ______________________________________________
_______________________________________________________________________________________________________________________________________- S. N. P. (if any) and signature of the head
The authenticity of the signature must be notarized.
Application
for state re-registration of a production cooperative, carrying out
its activities on the basis of a standard charter
1. Name of a production cooperative ____________________________________
2. Change in the name of a production cooperative to _______________________
__________________________________________________________________
3. Business Identification Number (BIN) _________________________________
4. Location of a legal entity
Address registration code: _______________ Postal code: _________________
Region: ____________________ City, district, district in the city: ___________
Locality (village, settlement): ________________________________________
Street, microdistrict, quarter, lane, avenue: ______________________________
House number _______________ apartment, room: _______________________
telephone number (fax): _____________________________________________
5. S. N. P. (if any) of the head ________________________________________
(with indication of identity data and IIN)
6. Indicate the code of the main type of economic activity: _________________
7. Size of the capital _______________________________________________
8. Composition and number of founders (indicate in the appropriate box x, the number in digital designation): 1) a legal entity ________ 2) an individual ___________________
9. Information about the founders of a legal entity
S. N. P. (if any) of an individual ______________________________________
IIN, analogue of tax registration number, or country code (for a foreign
individual) _______________________________________________________
Share size% ___________ Property contribution _________________________
S. N. P. (if any) of an individual ______________________________________
IIN, analogue of tax registration number, or country code (for a foreign
individual) _______________________________________________________
Share size% _________ Property contribution ___________________________
If there are more than one founders information about them: S. N. P. (if any) _______________________________________________________________________
identity card information, IIN, analogue of tax registration number, or country code,
as well as property contribution, information about the size of the share shall be applied to the application on a separate sheet.
10. The procedure, methods and terms of making a property contribution by cooperative members ________________________________________________________________
__________________________________________________________________
11. Composition of the audit commission ________________________________
12. Term of election of the audit commission _____________________________
13. The expected (approximate) number of employed people _________________
14. The relationship between the cooperative and its members, executive
body and workforce: _________________________________________________
__________________________________________________________________
15. A subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of small entrepreneurship ___________________________________
2) a subject of medium entrepreneurship _________________________________
3) a subject of large entrepreneurship ____________________________________
16. The ground for the re-registration of a production cooperative arose as a result of
reorganization (indicate in the appropriate box x): 1) yes _______ 2) no ________
17. In case of affiliation, the following information must be indicated:
Names of affiliated legal entities ________________________________________
Business Identification Number (BIN) ___________________________________
I agree to the use of information constituting a secret protected by the Law,
contained in information systems _______________________________________
S. N. P. (if any) and signatures of the chairman of the board (chairman) of the cooperative
"__" ____ 20 ____ . (Signature)
The application is attached by: _________________________________________
_______________________________________________________________________________________________________________________________________ The authenticity of the signature(s) must be notarized.
| Appendix 3 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service “Issuance of a certificate on registration (re-registration) of legal
entities, accounting registration (re-registration) of their branches and representative offices”
Chapter 1. General provisions
1. State service “Issuance of a certificate of registration (re-registration) of legal entities, of accounting registration (re-registration) of their branches and representative offices” (hereinafter - a state service).
2. Standard of state service is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices, which are non-commercial organizations and the State corporation "Government for citizens" (hereinafter - the State corporation) in relation to legal entities, branches and representative offices, which are commercial organizations (hereinafter – a service provider).
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
a web portal of "electronic government" www.egov.kz (hereinafter - the Portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service when applying to the portal:
maximum allowable time on the portal - 15 minutes.
5. Form of rendering a state service - electronic (automated).
6. The result of rendering a state service - a certificate on state registration (re-registration) of a legal entity related to a non-commercial organization in the form according to Appendices 1, 2 and of a legal entity related to a commercial organization according to Appendices 3, 4, as well as a certificate on accounting registration (re-registration) of a branch (a representative office) of a legal entity related to a non-commercial organization in the form according to Appendices 5.6 and of a branch (a representative office) of a legal entity related to commercial organization according to the Appendices 7.8 to this standard.
Form of provision of the result of rendering a state service: electronic.
7. A state service is rendered free of charge to legal entities (hereinafter – a service recipient).
8. Work schedule:
of the portal – round-the-clock, except for technical breaks related to repair works.
9. A list of documents required for rendering a state service when a service recipient (or his/her representative by power of attorney) applies:
to the portal:
a request for a certificate on registration (re-registration) of legal entities, on accounting registration (re-registration) of their branches and representative offices in the form of an electronic document, in accordance with Appendix 9 to this standard
When rendering a state service, the service recipient shall submit a consent to the use of information constituting a secret protected by the Law contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
Information about the identity documents of a service recipient, the service provider receives from the relevant state information systems through the gateway of "electronic government".
When applying to the portal, a notification with an indication of the date and time of receipt of the result of a state service in the form of an electronic document, certified by an electronic digital signature (hereinafter - EDS) shall be sent to the "personal account" of a service recipient.
service recipient receives a state service in electronic form through the portal, subject to availability of an electronic digital signature or the use of a one-time password, in case of registration and connection of the subscriber number of a service recipient provided by the mobile operator to the portal account.
9-1. The grounds for refusal in rendering a state service shall be:
1) establishing unreliability of documents submitted by a service recipient to receive a state service, and (or) data (information) contained in them;
2) a negative response of the authorized state body to the request for approval, which is required for rendering a state service, as well as a negative conclusion of the expertise, examination or verification;
3) if in relation to a service recipient there is a court decision (sentence) that has entered into legal force on prohibition of activities or certain types of activity, requiring the receipt of a state service;
4) if in relation to a service recipient there is a court decision that has entered into legal force, on the basis of which a service recipient is deprived of a special right, related to the receipt of a state service.
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service
providers and (or) their officials, the State corporation and (or) their employees on the issues
of rendering state services
10. Appeal of decisions, actions (inaction) of the service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 13 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, and also if desired patronymic, individual identification number, postal address, for a legal entity – its name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) a complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses and phone numbers, specified in paragraph 13 of this standard of state service or through a Unified contact center on the issues of rendering state services: 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint to the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint). After registration, the complaint shall be sent to the head of the State corporation to determine a responsible executor and take appropriate measures.
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider.
When applying through the portal, information about the appeal procedure shall be obtained through the call to a unified contact-center on the issues of rendering state services: 1414, 8 800 080 7777.
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
11. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering a state service,
including those rendered in electronic form and through the State corporation
12. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact-center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
13. Addresses of rendering a state service are placed on the Internet resources of:
a service provider - www.adilet.gov.kz, section “State services”;
the State corporation – www.gov4c.kz.
14. A service recipient shall have the opportunity to receive a state service in electronic form through the portal, subject to availability of EDS.
15. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center.
16. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
Ministry of Justice of the Republic of Kazakhstan
(option: (Territorial body of justice ) _________)
Certificate
on state registration of a legal entity
_________________________________
business identification number
________________ | "___"_________ 20__ . |
Name: _________________________________________________________
_______________________________________________________________
Location: _______________________________________________________
Head: __________________________________________________________
Founders (participants): ___________________________________________
It carries out activities on the basis of a standard charter.
A certificate is a document confirming state registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Ministry of Justice of the Republic of Kazakhstan
(option: (Territorial body of justice) _________)
Certificate
on state re-registration of a legal entity
__________________
business identification number
________________ | "___"_________ 20__. |
Name: _________________________________________________________
_______________________________________________________________
Location: _______________________________________________________
Head: __________________________________________________________
Founders(participants): ____________________________________________
It carries out activities on the basis of a standard charter.
Date of initial state registration: ______________________________________
A certificate is a document confirming state registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Ministry of Justice of the Republic of Kazakhstan
(option: (Territorial body of justice) _________)
Certificate on accounting registration
of a branch (a representative office) of a legal entity
_________________________________
business identification number
________________ | "___"_________20__. |
Name of a branch (representative office) of a legal entity: _____________________
____________________________________________________________________
Name of a legal entity:__________________________________________________
____________________________________________________________________
Location of a branch (a representative office) of a legal entity:
____________________________________________________________________
A certificate is a document confirming accounting registration of a branch (a representative office) in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Ministry of Justice of the Republic of Kazakhstan
(option: (Territorial body of justice) _____________)
Certificate on accounting re-registration of a branch (a representative office) of a legal entity
________________________________
business identification number
________________ | "___"___________ 20__ . |
Name of the branch (representative office) of a legal entity: ____________________
____________________________________________________________________
Name of a legal entity:__________________________________________________
____________________________________________________________________
Location of the branch (representative office) of a legal entity: _________________
____________________________________________________________________
Date of initial registration of the branch (representative office): _________________
____________________________________________________________________
A certificate is a document confirming accounting re-registration of a branch (a representative office), in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Non-commercial joint-stock company “State corporation
“Government for citizens”
Certificate on state registration of a legal entity
_________________________________
business identification number
_______________ | " __" _________ 20__. |
Name:_______________________________________________________________
____________________________________________________________________
Location:____________________________________________________________
Head:________________________________________________________________
Founders(participants):__________________________________________________
It carries out activities on the basis of a standard charter.
A certificate is a document confirming state registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Non-commercial joint-stock company “State corporation
“Government for citizens”
Certificate
on state re-registration of a legal entity
__________________
business identification number
________________ | "__"__________20__ . |
Name: ____________________________________________________________________
__________________________________________________________________________
Location:__________________________________________________________________________________________________________________________________________________
Head:_____________________________________________________________________________________________________________________________________________________
Founders(participants): ________________________________________________________________________________
It carries out activities on the basis of a standard charter.
Date of initial state registration: ________________________________________________
A certificate is a document confirming state re-registration of a legal entity in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Non-commercial joint-stock company “State corporation
“Government for citizens”
Certificate on accounting registration
of a branch (a representative office) of a legal entity
_________________________________
business identification number
________________ | "___"_________20__. |
Name of the branch (a representative office) of a legal entity: __________________
____________________________________________________________________
Name of a legal entity:__________________________________________________
____________________________________________________________________
Location of a branch (representative office) of a legal entity: ___________________
____________________________________________________________________
A certificate is a document confirming accounting registration of a branch (representative office), in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Non-commercial joint-stock company “State corporation
“Government for citizens”
Certificate
on accounting re-registration of a branch (representative office)
of a legal entity
________________________________
business identification number
________________ | "___"___________ 20__ . |
Name of the branch (representative office) of a legal entity: ____________________
____________________________________________________________________
Name of a legal entity:__________________________________________________
____________________________________________________________________
Location of the branch (representative office) of a legal entity: __________________
____________________________________________________________________
Date of initial registration of the branch (representative office): _________________
____________________________________________________________________
A certificate is a document confirming accounting re-registration of a branch (representative office), in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Request
to receive a certificate on registration (re-registration)
of legal entities, on accounting registration (re-registration)
of their branches and representative offices
I,__________________________________________________________________
(S. N. P. (if any), passport data (identity card data) and the place of residence of an individual,
___________________________________________________________________
(name and details of a legal entity)
___________________________________________________________________
Acting from a legal entity
___________________________________________________________________
(filled in by an authorized representative)
on the basis of _______________________________________________________
(details of the document, certifying powers)
Hereby ask to provide me with: a certificate on registration (re-registration) of legal entities,
on accounting registration (re-registration) of their branches and representative offices of a legal entity: _______________________________________________________________
(name of a legal entity, branch and representative office)
I enclose the following documents:
Date __________,_________________________________________/________
(S. N. P. (if any) and signature of the applicant/authorized representative)
____________________________________________________________________
(S. N. P. (if any) and signature of the specialist, accepted the request)
The result of execution / review / application: _______________________________
____________________________________________________________________
verified: date ______________ 20 ____.
____________________________________________________________________
(S. N. P. (if any) and signature of a specialist)
| Appendix № 4 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service “Issuance of a duplicate of the charter (provision) of a legal entity
not related to the subject of private entrepreneurship, as well as a joint- stock company, their
branches and representative offices”
Chapter 1. General provisions
1. State service “Issuance of a duplicate of the charter (provision) of a legal entity, not related to a private business entity, as well as of a joint stock company, their branches and representative offices” (hereinafter - a state service).
2. The standard of state service is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices, which are non-commercial organizations and the State corporation "Government for citizens" (hereinafter - the State corporation) in relation to legal entities, branches and representative offices, which are commercial organizations (hereinafter – a service provider).
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
1) a non-commercial joint-stock company “State corporation“ Government for Citizens ”(hereinafter - the State Corporation);
2) a web portal of "electronic government" www.egov.kz (hereinafter - the portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service from the moment of submission of documents:
1) at the State corporation:
a duplicate of the charter of a legal entity not related to the subject of private entrepreneurship, as well as a joint-stock company, their branches and representative offices shall be issued: within three working days at the place of location of a service provider, not later than eight working days not at the place of location of a service provider, following the day of application submission with attachment of necessary documents.
When applying to the State corporation, the day of reception is not included in the term of rendering a state service.
Maximum allowable waiting time for submission of documents - no more than 15 minutes;
Maximum allowable time for servicing a service recipient - no more than 15 minutes.
2) on the portal - within three working days.
5. Form of rendering a state service: electronic (partially automated) and (or) paper.
6. The result of rendering a state service:
issuance of a duplicate of the charter (provision) of a legal entity not related to the subject of private entrepreneurship, as well as a joint-stock company, their branches and representative offices on paper carrier.
When applying the portal, a notification shall be sent to a service recipient’s “personal account” on readiness of the result of rendering a state service, indicating the place and date of its receipt in the form of an electronic document certified by electronic digital signature (hereinafter - EDS).
If a service recipient provides an incomplete package of documentsaccording to the list provided for in paragraph 9 of this standard, the employee of the State corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form, according to Appendix 2 to this standard of state service.
Form of provision the result of rendering a state service: electronic and paper.
7. A state service is rendered free of charge to legal entities (hereinafter - a service recipient).
8. Work schedule:
1) of service providers:
in the Ministry and territorial bodies of justice - from Monday to Friday inclusive from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays according to the Labor Code of the Republic of Kazakhstan;
2) in the branches of the State corporation - from Monday to Friday inclusive from 9.00 to 18.30, except for weekends and holidays, with a lunch break from 13.00 to 14.30 according to the Labor Code of the Republic of Kazakhstan;
3) at the State corporation for acceptance and issuance of documents - from Monday to Saturday inclusive, from 9.00 to 20.00 without a break, except for Sundays and holidays, according to the Labor Code of the Republic of Kazakhstan and in accordance with the established work schedule:
Reception shall be carried out in the order of "electronic" queue, at the choice of a service recipient without expedited service, it is possible to book an electronic queue through the portal.
4) of the portal - round-the-clock, except for technical breaks related to repair works (when a service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of an application and issuance of the result of rendering a state service shall be carried out on the next working day).
9. The list of documents required for rendering a state service when a service recipient (or his/her representative by power of attorney) applies to the State corporation:
1) an application for issuance of a duplicate of the charter (provision) of a legal entity, not related to the subject of private entrepreneurship, as well as of a joint-stock company, their branches and representative offices in the form according to Appendix 1 to this standard (hereinafter – an application);
2) a decision or an extract from the decision of the authorized body of a legal entity on the receipt of a duplicate of the charter (provision), sealed with the stamp of a legal entity (if any);
3) a document confirming publication of information about the loss of the original charter (provision) in a periodical.
Issuance of ready documents to a service recipient shall be carried out by an employee of the State Corporation on the basis of a receipt upon presentation of an identity card (or power of attorney) in the State corporation.
The State corporation shall ensure storage of the result for one month, after which it transfers them to the body of justice (on registration of non-commercial organizations and their branches and representative offices) for further storage. If a service recipient applies after one month, at the request of the State corporation, the body of justice shall send the prepared documents to the State corporation for issuance to a service recipient within one working day.
On the portal:
1) an application;
2) an electronic copy of the decision or an extract from the decision of the authorized body of a legal entity to receive a duplicate of the charter (provision), sealed with the stamp of a legal entity (if any);
3) an electronic copy of a document, confirming publication in a periodical provided for in the constituent documents of a legal entity, which contains information about the loss of the original charter (provision).
The service provider shall receive information on identity documents, state registration (re-registration) of a legal entity from the relevant state information systems through the “electronic government” gateway.
When applying to the portal, a notification on acceptance of the request shall be sent to the “personal account” of a service recipient indicating the date and time of receipt of the result of a state service in the form of an electronic document certified by an electronic digital signature.
A service recipient gives a written consent to a service provider to the use of information constituting a secret protected by the Law, contained in information systems, in rendering a state service, unless otherwise provided by the laws of the Republic of Kazakhstan.
It is not allowed for service recipients to claim documents that can be obtained from information systems.
9-1. The grounds for refusal in rendering a state service shall be:
1) establishing unreliability of documents, submitted by a service recipient for receiving a public service, and (or) data (information) contained in them;
2) a negative response of the authorized state body to the request for approval, which is required for rendering a state service, as well as a negative conclusion of the expertise, examination or verification;
3) if in relation to a service recipient there is a court decision (sentence) that has entered into legal force on prohibition of activities or certain types of activity, requiring the receipt of a state service;
4) if in relation to a service recipient there is a court decision that has entered into legal force, on the basis of which a service recipient is deprived of a special right, related to the receipt of a state service.
When applying to the portal, a notification on acceptance of the request shall be sent to the “personal account” of a service recipient indicating the date and time of receipt of the result of a state service in the form of an electronic document certified by an electronic digital signature.
A service recipient gives a written consent to a service provider to the use of information constituting a secret protected by the Law, contained in information systems, in rendering a state service, unless otherwise provided by the Laws of the Republic of Kazakhstan dated April 15, 2013 “On State Services” and dated May 21, 2013 “On Personal Data and Their Protection.”
It is not allowed for service recipients to claim documents that can be obtained from information systems.
Upon submission by a service recipient of an incomplete package of documents according to the list provided for in paragraph 9 of this standard of state service, an employee of the State corporation shall issue a receipt on refusal to accept documents in the form according to Appendix 2 to this standard of state service.
A service recipient receives the state service in electronic form through the portal, subject to availability of an electronic digital signature or the use of a one-time password, in case of registration and connection of the subscriber number of a service recipient provided by the mobile operator to the portal account.
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service providers and (or) their officials, the State corporation and (or) their employees on the issues of rendering state services
10. Appeal of decisions, actions (inaction) of a service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 13 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, and also if desired patronymic, individual identification number, postal address, for a legal entity – its name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the Law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) a complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses and phone numbers, specified in paragraph 13 of this standard of state service or through a Unified contact center on the issues of rendering state services: 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint to the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint).
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider.
When applying through the portal, information about the appeal procedure shall be obtained through a unified contact-center on the issues of rendering state services: 1414, 8 800 080 7777.
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
11. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering state services, including those rendered in electronic form and through the State corporation
12. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact-center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
13. Addresses of rendering a state service are placed on the Internet resources of:
1) a service provider - www.adilet.gov.kz, section “State services”;
2) the State corporation – www.gov4c.kz.
14. A service recipient shall have the opportunity to receive a state service in electronic form through the portal, subject to availability of EDS.
15. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center.
16. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
Application
on the issuance of a duplicate of the charter (provision) of a legal entity,
not related to the subject of private entrepreneurship, as well as a joint-stock company, their
branches and representative offices
1. Form of organization (indicate in the appropriate box x)
1) a legal entity ______________________________________________________
2) a branch ___ 3) a representative office _________________________________
2. Name of a legal entity, branch (representative office)
__________________________________________________________________
3. BIN of a legal entity, branch (representative office) ______________________
4. The ground for issuance of constituent documents of a legal entity (branch and representative office)
__________________________________________________________________
5. Decision number for a duplicate receipt and date of its adoption
__________________________________________________________________
6. Name of a printing body in which the announcement is published
about the loss of the original charter (provision) of a legal entity, not
related to the subject of private entrepreneurship, as well as a joint-stock company, their branches and representative offices, number and date of publication
___________________________________________________________________
___________________________________________________________________
S. N. P. (if any) and the applicant’s signature.
I agree to the use of information constituting secret, protected by the Law, contained in information systems __________
"__" ____ 20 ____ (Signature)
The application is attached by: ________________________________________
Receipt on refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”, department №.__ of the branch of the State corporation (indicate the address) refuses to accept documents for rendering a state service (indicate the name of a state service in accordance with the standard of state service) due to your submission of an incomplete package of documents according to the list provided for by the standard of state service, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each side.
S. N. P. (if any) (of an employee of the State Corporation) (signature)
Executor: S. N. P. (if any) _____________
Telephone __________________________
Received: S. N. P.(if any) / _____ / signature of a service recipient
"___" _________ 20_____
| Appendix 5 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service "State registration of amendments and additions to the constituent
documents of a legal entity, not related to the subject of private entrepreneurship, as well as a
joint-stock company, provisions on their branches (representative offices)"
Chapter 1. General provisions
1. State service “State registration of amendments and additions to the constituent documents of a legal entity, not related to the subject of private entrepreneurship, as well as a joint-stock company, provisions on their branches (representative offices)” (hereinafter- a state service).
2. The standard of state service is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices, which are non-commercial organizations and the State corporation "Government for citizens" (hereinafter - the State corporation) in relation to legal entities, branches and representative offices, which are commercial organizations (hereinafter – a service provider).
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
1) a non-commercial joint-stock company “State corporation “Government for citizens” (hereinafter - the State corporation);
2) a web portal of "electronic government" www.egov.kz (hereinafter - the Portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service from the moment of submission of documents:
1) at the State Corporation:
state registration of amendments and additions to the constituent documents of legal entities, not related to the subjects of private entrepreneurship, as well as joint-stock companies, carrying out its activities on the basis of a charter that is not standard, shall be made no later than ten working days at the location of a service provider, no later than fifteen working days not at the location of a service provider following the day of an application submission with attachment of necessary documents.
2) on the portal:
state registration of amendments and additions to the constituent documents of legal entities is five days from the moment of application submission.
5. Form of rendering a state service: electronic / paper.
6. The result of rendering a state service:
a certificate on state registration (re-registration) of a legal entity, on accounting registration of a branch, representative office or a reasoned refusal to render a state service in the form according to Appendix 3 of this order in cases and on the grounds provided for in paragraph 10 of this standard.
When applying the portal, a notification shall be sent to a service recipient’s “personal account” on readiness of the result of rendering a state service, indicating the place and date of its receipt or a reasoned refusal to render a state service in the form of an electronic document, certified by electronic digital signature (hereinafter - EDS).
In cases of submission of an incomplete package of documents, necessity to obtain an expert (specialist) opinion on constituent documents, as well as on other grounds provided for by legislative acts of the Republic of Kazakhstan, the period of state (accounting) registration of a legal entity, branch or representative office shall be interrupted until elimination of identified deficiencies or receiving the corresponding conclusion (expertise) by service providers in accordance with Article 9 of the Law “On state registration of legal entities and accounting registration of branches and representative offices” dated April 17, 1995 № 2198.
If a service recipient provides an incomplete package of documents according to the list provided for in paragraph 9 of this standard, an employee of the State corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form, according to Appendix 3 to this standard.
Form of provision of the result of rendering a state service: electronic/paper.
7. A state service is rendered free of charge to legal entities (hereinafter - a service provider).
8. Work schedule:
1) of service providers:
in the Ministry and territorial bodies of justice - from Monday to Friday inclusive from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays according to the Labor Code of the Republic of Kazakhstan;
2) in the branches of the State corporation - from Monday to Friday inclusive from 9.00 to 18.30, except for weekends and holidays with a lunch break from 13.00 to 14.30, according to the Labor Code of the Republic of Kazakhstan;
3) State corporation for acceptance and issuance of documents - from Monday to Saturday inclusive, from 9.00 to 20.00 without a lunch break, except for Sundays and holidays, according to the Labor Code of the Republic of Kazakhstan.
Reception shall be carried out in the order of "electronic" queue, at the choice of a service recipient without expedited service, it is possible to book an electronic queue through the portal.
4) of the portal - round-the-clock, except for technical breaks related to repair works (when a service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of an application and issuance of the result of rendering a state service shall be carried out on the next working day).
9. The list of documents required for rendering a state service when a service recipient (or his/ her representative by power of attorney) applies to the State corporation:
1) an application in the form according to Appendices 1 and 2 to this standard;
2) a decision or an extract from the decision of the authorized body of a legal entity on amendments and additions to the constituent documents of a legal entity, provision on the branch (representative office), sealed with the stamp of a legal entity (if any);
3) three copies of the text of amendments and additions to the constituent documents of a legal entity, provision on the branch (representative office) or three copies of the constituent documents of a legal entity, provision on the branch (representative office), sealed with the stamp of a legal entity (if any), issued in the new edition;
4) originals of the previous constituent documents of a legal entity, provision on the branch (representative office);
5) a document, confirming the actual location (in case of a change in location);
Notarized copies of the lease and other documents provided for by civil legislation shall be documents, confirming location of a legal entity.
If the owner of the premise is a legal entity itself, then the provision of a document, confirming location shall not be required.
If the owner of the premise is an individual, then a notarized consent of the individual on provision of a premise as location of a legal entity shall be provided.
6) to the notification:
a decision or an extract from the decision of the authorized body of a legal entity on amendments and additions to the constituent documents, as well as the text of amendments made, the text of amendments and additions to the constituent documents, sealed with the stamp of a legal entity (if any);
for a legal entity related to the subject of private entrepreneurship, with the exception of a joint-stock company, their branches (representative offices), a document confirming the actual location).
The constituent documents drawn up in the state and Russian languages shall be provided in a laced and numbered form, in triplicate and certified in the manner established by the legislation of the Republic of Kazakhstan).
On the portal:
1) an application in the form according to Appendices 1 and 2 to this Standard;
2) an electronic copy of the charter (provision) in new edition, the Appendices to the charter (provision);
3) an electronic copy of the document, confirming the actual location (in case of a change in location).
In case of a location change, an application for state registration of amendments and additions to the constituent documents shall be submitted within a month from the moment of taking the decision of the authorized body.
A service recipient gives a written consent to a service provider to the use of information, constituting a secret protected by the Law, contained in information systems, in rendering state services, unless otherwise provided by the laws of the Republic of Kazakhstan.
Issuance of ready documents to a service recipient shall be carried out by an employee of the State corporation upon presentation of an identity card at the State corporation,
The State corporation ensures storage of the result for one month, after which it transfers them to the body of justice (on registration of the amendments and additions to the constituent documents of non-commercial organizations and their branches and representative offices) for further storage. When a service recipient applies after one month, at the request of the State corporation, the body of justice shall send ready documents to the State corporation for issuance to a service recipient within one working day.
10. The grounds for refusal in rendering a state service shall be:
1) violation of the procedure for making amendments and additions to the constituent documents of a legal entity, provision of the branch (representative office), inconsistencies of the constituent documents (provision) established by the legislative acts of the Republic of Kazakhstan, including by Aticle 21 of the Law of the Republic of Kazakhstan dated January 16, 2001 “On Non-Commercial Organizations”;
2) submission of lost and (or) invalid identity documents, as well as inaccurate documents submitted by a service recipient to receive a state service, and (or) data (information) contained in them;
3) availability of judicial acts and resolutions (prohibitions, arrests) of bailiffs and law enforcement agencies, including court decisions (sentences) on prohibition of activities or certain types of activity, requiring the receipt of a state service, as well as court decisions on the basis of which a service recipient has been deprived of a special right, related to receiving a state service.
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service providers and (or) their officials, the State corporation and (or) their employees on the issues of rendering state services
11. Appeal of decisions, actions (inaction) of a service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 14 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, and also if desired patronymic, individual identification number, postal address, of a legal entity - name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the Law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) A complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses, specified in paragraph 14 of this standard of state service or through a Unified contact center on the issues of rendering state services: 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint to the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint).
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider.
When applying through the portal, information about the appeal procedure shall be obtained through a unified contact-center on the issues of rendering state services: 1414, 8 800 080 7777.
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official, authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
12. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering state services,
including those rendered in electronic form and through the State corporation
13. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact- center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
14. Addresses of rendering a state service are placed on the Internet resources of:
a service provider - www.adilet.gov.kz, section “State services”;
the State corporation – www.gov4c.kz.
15. A service recipient shall have the opportunity to receive a state service in electronic form through the portal, subject to availability of EDS.
16. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center.
17. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
Application
on state (accounting) registration of made amendments and additions to the constituent
documents of a legal entity, branch (representative office)
1. Form of organization (indicate in the appropriate box x)
1) a legal entity _______________ 2) a branch __________________
3)a representative office ____________________________________
2. Name of a legal entity, branch (representative office) ___________
________________________________________________________
3. Business Identification Number (BIN) _______________________
4. The ground for making amendments to the constituent documents of a legal entity
(indicate in the appropriate cell x):
1) change of location _______________________________________
2) approval of a new edition of the charter (provision) _____________
5. Location of a legal entity, branch (representative office)
Postal code: ______________ Region: _________________________
City, district, district in the city: _______________________________
Locality (village, settlement): _________________________________
Street, microdistrict, quarter, lane, avenue: _______________________
House number _________, apartment, room: _____________________
telephone (fax) number: _______________________________________
6. S. N. P. (if any) of the head
___________________________________________________________
___________________________________________________________
(with indication of identity data and IIN)
7. Composition and number of founders (indicate in the appropriate box x, number in digital designation):
1) a legal entity _____________ 2) an individual ____________________________
Name of a legal entity __________________________________________________
____________________________________________________________________
(indicating BIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) _____
S. N. P. (if any) of an individual__________________________________________
____________________________________________________________________
(with indication of identity data and IIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) _____
If there are more than one founders information about them: S. N. P. (if any)
with indication of identity data and IIN (for an individual), with indication BIN (for a legal entity), as well as their share in the authorized capital in percentage and monetary terms shall be attached to the application on a separate sheet.
8. Indicate the code of the main type of economic activity: _____________________
9. Size of the authorized capital __________________________________________
10. The expected (approximate) number of employed people ___________________
11. The ground for making an amendment arose as a result of reorganization (indicate in the appropriate box x):
1) yes _______ 2) no ________
12. In case of affiliation, the following information must be indicated:
Names of affiliated legal entities ________________________________
Business Identification Number (BIN) ____________________________
13. The subject of private entrepreneurship (indicate in the appropriate box x):
1) subject of medium entrepreneurship ____________________________
2) subject of large entrepreneurship ______________________________
I agree to the use of information constituting secret, protected by the Law, contained in information systems __________
"__" ____ 20 ____. (Signature)
The application is attached by: __________________________________________
___________________________________________________________________
S. N. P. (if any) and signature of the applicant
Application
on state registration of a joint stock company with made amendments and
additions, carrying out its activities on the basis of a standard charter
1. Name of the registered joint-stock company ______________________________
____________________________________________________________________
2. Participation in the composition of foreign investors (indicate in the appropriate box x):
1) yes _________________ 2) no ____________________
3. The legal entity is a subsidiary (indicate in the appropriate box x):
1) yes _________________ 2) no ____________________
4. The ground for making amendments to the constituent documents (indicate in the appropriate box x):
1) change of location __________________________________________________
5. Location of a joint-stock company
Postal code: ____________________ Region: ______________________________
City, district, district in the city: _________________________________________
Locality (village, settlement): ___________________________________________
Street, microdistrict, quarter, lane, avenue: ________________________________
House number ________________, apartment, room: _______________________
telephone (fax) number: _______________________________________________
6. S. N. P. (if any) of the head __________________________________________
___________________________________________________________________
(with indication of identity data and IIN)
7. Indicate the code of the main type of economic activity: ____________________
8. Size of the authorized capital _________________________________________
9. Composition and number of founders (indicate in the appropriate box x, number in digital designation):
1) a legal entity _____________ 2) an individual ___________________________
10. Indicate the guaranteed dividend amount on preferred share
__________________________________________________________________________
(in a fixed expression or with indexing relative to any indicator subject to the regularity and public availability of its values)
11. Indicate the frequency of dividends payment on preferred shares: ________________________________________________________________________________
12. Indicate the mass media, used for publication of information, subject to mandatory publication as determined by the authorized body
__________________________________________________________________________
13. Number of members of the board of directors of the company ________________________________________________________________________________
The requirements of paragraph 37 of the standard charter shall apply to financial organizations.
14. Number of members of the board of the company ________________________________________________________________________________
15. The expected (approximate) number of employed people __________________________
16. The subject of private entrepreneurship (indicate in the appropriate box x):
1) a subject of medium entrepreneurship ______
2) a subject of large entrepreneurship _________
17. Reorganization precedes the creation of a legal entity (indicate in the appropriate box x):
1) transformation ____________________ 2) merger __________________
3) separation _________________________ 4) division ________________
5) affiliation _______________
18. Number of legal entities participating in reorganization ________
19. In the case of transformation, the following information must be indicated:
The previous name of a legal entity ___________________________
Business Identification Number (BIN) _________________________
20. In the case of a merger, the following information must be indicated:
Names of legal entities participating in the merger ________________
Business Identification Number (BIN) _________________________
21. In the case of separation, the following information must be indicated:
Name of the current legal entity, from which a new legal entity is separated
__________________________________________________________________________
Business Identification Number (BIN) ______________________________
22. In the case of division, the following information must be indicated:
Name of a legal entity on the basis of which the legal entities has been created _______________________________________________________________________________
Business Identification Number (BIN) ______________________________
I agree to the use of information, constituting secret protected by the Law,
contained in information systems ________________________________________
"__" ____ 20 ____. (Signature) __________________________________________
The application is attached by: ___________________________________________
____________________________________________________________________
S. N. P. (if any) and signature of the head
The authenticity of the signature must be notarized.
Receipt
on refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”, department №.__ of the branch of the State corporation (indicate the address) refuses to accept documents for rendering a state service (indicate the name of a state service in accordance with the standard of state service) due to your submission of an incomplete package of documents according to the list provided for by the standard of state service, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each side.
S. N. P. (if any) (of an employee of the State Corporation) (signature)
Executor: S. N. P. (if any) _____________________
Telephone _______________
Received: S. N. P.(if any) / signature of a service recipient
"___" _________ 20_____
| Appendix 6 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service “State registration of termination of activity of a legal entity,
deregistration of a branch and representative office”
Chapter 1. General provisions
1. State service “State registration of termination of activity of a legal entity, deregistration of a branch and representative office” (hereinafter - a state service).
2. The standard of state service is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices, which are non-commercial organizations and the State corporation "Government for citizens" (hereinafter - the State corporation) in relation to legal entities, branches and representative offices, which are commercial organizations (hereinafter – a service provider).
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
1) a non-commercial joint-stock company “State corporation “Government for citizens” (hereinafter - the State corporation);
2) a web portal of "electronic government" www.egov.kz (hereinafter - the portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service from the moment of submission of a package of documents:
to the portal:
state registration of termination of activity of a legal entity, deregistration of a branch and representative office shall be carried out within five working days following the day of an application submission for state registration of liquidation of a legal entity with attachment of necessary documents.
to the State corporation:
state registration of termination of activity of a legal entity, deregistration of a branch and representative office shall be carried out within five working days at the location of a service provider, no later than ten working days not at the location of a service provider following the day of an application submission for state registration of liquidation of a legal entity with attachment of necessary documents.
A service provider shall provide the result of rendering a state service to the State corporation one day before the end of the term for rendering a state service.
maximum allowable waiting time for submission of documents - no more than 15 minutes;
maximum allowable time for servicing a service recipient - no more than 20 minutes.
In cases of submission of an incomplete package of documents, necessity to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by legislative acts of the Republic of Kazakhstan, the term of state (accounting) registration of a legal entity, branch or representative office shall be interrupted until elimination of identified deficiencies or obtaining the appropriate opinion (expertise).
State registration of termination of activities of public and religious associations with republican and regional statuses, including political parties, branches and representative offices of foreign and international non-commercial non-governmental associations, shall be performed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
State registration of termination of activities of legal entities, and accounting registration of branches and representative offices, public and religious associations with local status, foundations and associations of legal entities, accounting registration of branches and representative offices of public and religious associations, non-commercial organizations shall be carried out by territorial bodies of justice.
State registration of termination of the activities of commercial organizations and deregistration of their branches and representative offices shall be carried out by a non-commercial joint-stock company State corporation “Government for citizens”.
5. Form of rendering a state service: electronic/paper.
6. The result of rendering a state service:
an order on state registration of termination of a legal entity or on deregistration of a branch and representative office or a reasoned refusal to render a state service in cases and on the grounds provided for in paragraph 10 of this standard.
When applying to the portal, an order on state registration of termination of activity of a legal entity or on deregistration of the branch and representative office or a reasoned refusal to render a state service shall be sent to the recipient’s “personal account” in the form of an electronic document, certified by electronic digital signature (hereinafter - EDS).
If a service recipient provides an incomplete package of documents according to the list provided for in paragraph 9 of this standard, the employee of the State corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form, according to Appendix 1 to this standard of state service.
Form of provision of the result of rendering a state service: electronic/paper.
State service is rendered for a fee to legal entities (hereinafter – a service recipient), with the exception of legal entities, related to the subjects of small and medium entrepreneurship.
A registration fee has been established for rendering a state service for non-commercial organizations.
The amount of the registration fee shall be calculated at the rates according to Appendix 2 to this standard of state service, established by the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget (Tax Code)” dated December 10, 2008 and paid before submission of the relevant documents at the place of registration of the object of taxation.
A fee shall be charged for rendering a state service to commercial organizations, their branches and representative offices in accordance with the prices for goods (works, services) in the field of state registration of legal entities according to Article 10 of the Law “On state registration of legal entities and accounting registration of branches and representative offices".
In the case of submission of an electronic request for a state service through the portal, payment shall be made through the payment gateway of "electronic government" (hereinafter - PGEG).
8. Work schedule:
1) of service providers:
in the Ministry and territorial bodies of justice - from Monday to Friday inclusive from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays according to the Labor Code of the Republic of Kazakhstan;
2) in the branches of the State corporation - from Monday to Friday inclusive, from 9.00 to 18.30, except for weekends and holidays with a lunch break from 13.00 to 14.30, according to the Labor Code of the Republic of Kazakhstan;
3) State corporation for acceptance and issuance of documents - from Monday to Saturday inclusive, from 9.00 to 20.00 without a lunch break, except for Sundays and holidays, according to the Labor Code of the Republic of Kazakhstan and in accordance with the established work schedule.
Reception shall be carried out in the order of "electronic" queue, at the choice of a service recipient without expedited service, it is possible to book an electronic queue through the portal.
4) of the portal - round-the-clock, except for technical breaks related to repair works (when service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of an application and issuance of the result of rendering a state service shall be carried out on the next working day).
9. The list of documents required for rendering a state service when a service recipient (or his/ her representative by power of attorney) applies to the State corporation:
1) an application for registration of termination of activity of a legal entity, branch (representative office) in the form according to Appendix 2 to this standard;
A legal entity in which share the state participates, shall submit an application with a marl from the registrar.
An application for state registration of liquidation of a legal entity shall be submitted to the registration body no earlier than two months after the publication of information on liquidation of a legal entity.
2) a decision of the property owner of a legal entity or a body authorized by the owner or a body of a legal entity, authorized by constituent documents, sealed with the stamp of a legal entity (with the exception of subjects of private entrepreneurship);
3) a document, confirming publication on liquidation of a legal entity, the procedure and deadlines for making claims by creditors in periodicals, distributed throughout the Republic of Kazakhstan of information;
The deadline for filing claims may not be less than two months from the moment of publication of the announcement on liquidation, except in cases of bankruptcy. In the event of bankruptcy, creditors' claims for a bankrupt must be filed no later than one month from the date of publication of the announcement on the procedure for filing claims by creditors.
4) a certificate on annulment of bonds and (or) shares and (or) a report on the results of bonds redemption or a letter from an authorized body that carries out state provision of the securities market, about the absence of issues of shares and (or) bonds, registered in the authorized body that carries out state provision of the securities market.
5) a document on destruction of the stamp of a legal entity (if any);
6) a receipt or other document, confirming payment of a fee to the budget for registration of termination of activities of legal entities, related to non-commercial organizations and deregistration of their branches and representative offices or a document, confirming payment to the State corporation "Government for citizens" with the exception of legal entities, related to the subjects of small and medium entrepreneurship.
7) constituent documents of a legal entity, not related to the subject of private entrepreneurship, with the exception of a joint stock company;
8) in cases, stipulated by the legislation of the Republic of Kazakhstan, additionally submitted:
for the subject of a natural monopoly, a prior consent of the authorized body, carrying out management in the spheres of natural monopolies shall be submitted.
For state registration of activity termination of a state-owned enterprise, privatized as a property complex, the following shall be submitted by a service recipient:
An application for state registration of activity termination, in the form established by the Ministry of Justice of the Republic of Kazakhstan;
a decision of the Government of the Republic of Kazakhstan (local executive body) on privatization of a state-owned enterprise as a property complex;
a copy of the contract of sale of the property complex of a state enterprise;
a copy of the transfer act of a state enterprise;
a document, confirming payment for state registration of activity termination of a legal entity.
9) for deregistration of a branch and representative office, the recipients of state services shall submit the following documents:
an application for registration of termination of activity of a legal entity, branch (representative office) in accordance with Appendix 2 to this standard;
provision on the branch (representative office);
receipts or other document, confirming payment of the registration fee to the budget for deregistration of a branch (representative office).
State registration of termination of activity of a legal entity, liquidated by a court decision shall be carried out on the basis of a court decision and a court ruling on completion of liquidation proceedings.
Deregistration of a branch (representative office) of a legal entity in respect of which a court issued a decision on forced liquidation shall be carried out on the basis of such a decision with attachment of provision the branch (representative office)
Deregistration of a branch (representative office) of a legal entity in respect of which the court issued a decision on declaring the debtor as bankrupt and its liquidation with initiating the bankruptcy proceedings shall be carried out on the basis of a court ruling on completion of bankruptcy proceedings that has entered into force.
An application for termination of activity of a legal entity, branch or representative office shall be submitted on the portal for state registration of termination of activity of a legal entity, branch or representative office by filling in the form of an electronic document with attachment of electronic copies of documents, specified in paragraph 9 of this standard and payment of a registration fee through the payment gateway of “electronic government”.
A service provider and an employee of the State corporation shall obtain information on identity documents, on state registration (re-registration) of a legal entity, a document confirming payment of the fee amount (in case of payment through PGEG) to the budget by a service recipient, information on absence (presence) of tax debt, arrears of obligatory pension contributions and social deductions for a terminating activity legal entity, branch (representative office), branch (representative office) of a foreign legal entity from the relevant state information systems through the gateway of "electronic government".
In rendering a state service, a service recipient shall submit a written consent to the use of information, constituting a secret, protected by the Law, contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
The State corporation shall ensure storage of the result for one month, after which it transfers them to the body of justice (on registration of termination of activities of non-commercial organizations, deregistration of their branches and representative offices) for further storage. If a service recipient applies after one month, at the request of the State corporation, the body of justice shall send the prepared documents to the State corporation for issuance to a service recipient within one working day.
10. The grounds for refusal in rendering a state service shall be:
1) violation of the procedure for liquidation of a legal entity (branch or representative office), as well as in cases of presence of branches (representative offices) of the liquidated legal entity that have not been deregistered;
2) availability of tax arrears, arrears on compulsory pension contributions and social deductions, or the refusal of state revenue bodies to provide the specified information about arrears in the event of non- fulfillment of tax obligation by such a legal entity (branch or representative office of a foreign legal entity) in the manner established by the Tax code of the Republic of Kazakhstan.
3) establishing inaccuracy of the documents, submitted by a service recipient for receiving a state service, and (or) the data (information) contained in them;
4) a negative response of the authorized state body to the request for approval, which is required for rendering a state service, as well as a negative conclusion of the expertise, examination, or verification;
5) if there is a court decision (sentence) that has entered into legal force in relation to a service recipient on prohibition of activities or certain types of activity requiring the receipt of a state service;
6) if there is a court decision that has entered into legal force in relation to a service recipient, on the basis of which the service recipient has been deprived of a special right, related to the receipt of a state service.
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service
providers and (or) their officials, the State corporation and (or) their employees on the issues
of rendering state services
11. Appeal of decisions, actions (inaction) of a service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 14 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, as well as if desired patronymic, individual identification number, postal address, of a legal entity - name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the Law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) a complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses, specified in paragraph 14 of this standard of state service or through a Unified contact center on the issues of rendering state services: 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint to the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint).
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider or the Ministry.
When applying through the portal, information about the appeal procedure shall be obtained by calling a unified contact-center on the issues of rendering state services:
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official, authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
12. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering state services,
including those rendered in electronic form and through the State corporation
13. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact- center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
14. Addresses of rendering a state service are placed on the Internet resources of:
1) a service provider - www.adilet.gov.kz, section “State services”;
2) the State corporation – www.gov4c.kz.
15. A service recipient shall have the opportunity to receive a state service in electronic form through the portal, subject to availability of EDS.
16. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center on the issues of rendering state services.
17. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
Receipt
on refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”, department №.__ of the branch of the State corporation (indicate the address) refuses to accept documents for rendering a state service (indicate the name of a state service in accordance with the standard of state service) due to your submission of an incomplete package of documents according to the list provided for by the standard of state service, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each side.
S. N. P. (if any) (of an employee of the State Corporation) (signature)
Executor: S. N. P. (if any) _____________
Telephone __________
Received: S. N. P.(if any) /______/ signature of a service recipient
"___" _________ 20_____
Application
on registration of termination of activity
of a legal entity, branch (representative office)
1. Form of organization (indicate in the appropriate box x)
1) a legal entity ___________ 2) a branch _____________
3) a representative office __________
2. Name of a legal entity, branch (representative office) _______________________
____________________________________________________________________
3. Business Identification Number (BIN) (in case of absence - registration number)___________________________________________________________________
4. The reason for termination of activity arose as a result of (indicate in the appropriate box x)
1) liquidation _______ 2) reorganization by affiliation _________
5. Termination of activity of a legal entity, branch (representative offices) (indicate in the appropriate box x)
1) voluntary _______________ 2) forced ___________________
6. Name of the printing body in which the announcement on termination of activity of a legal entity, branch (representative office) is published, number and date of publication _________________________________________________________________________
___________________________________________________________________
7. Information about branches (representative offices) of a legal entity (indicate in the appropriate box x)
1) yes __________ 2) no ___________
The application is attached by: __________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
S. N. P. (if any) and signature of the applicant
I agree to the use of information, constituting a secret, protected by the Law,
contained in information systems __________
"__" ____ 20 _____. (Signature)
| Appendix 3 to the standard of state service "State registration of termination of activity of a legal entity, deregistration of a branch and representative office" |
The rates of fees are calculated based on the size of the monthly calculation index, established for the corresponding financial year by the Law on republican budget (hereinafter - MCI), and are as follows:
№ п/п | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of activities of legal entities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan), accounting registration (re-registration), deregistration of their branches and representative offices, with the exception of commercial organizations: | |
1.1. | of legal entities, their branches and representative offices | 6,5 |
1.2. | of political parties, their branches and representative offices | 14 |
2. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of institutions, financed from the budget, cooperatives of owners of premises (apartments), accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1. | for state registration, registration of activities termination, accounting registration, deregistration | 1 |
2.2. | for re-registration | 0,5 |
3. | For state registration (re-registration), state registration of termination of activity (including during reorganization in cases, provided for by the legislation of the Republic of Kazakhstan) of children's and youth public associations, as well as public associations of disabled people, accounting registration (re-registration), deregistration of their branches and representative offices, branches of republican and regional national and cultural public associations: | |
3.1. | for registration (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan) | 2 |
3.2. | for re-registration, state registration of termination of activity (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
| Appendix 7 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
Standard of state service “Issuance of a certificate from the
State database “Legal entities”
Chapter 1. General provisions
1. State service “Issuance of a certificate from the State database “Legal entities” (hereinafter- a state service).
2. The standard of state service is developed by the Ministry of Justice of the Republic of Kazakhstan (hereinafter - the Ministry).
3. A state service is rendered by the Ministry of Justice.
Acceptance of the application and issuance of the result of rendering a state service shall be carried out through:
a web portal of "electronic government" www.egov.kz (hereinafter - the portal).
Chapter 2. The procedure for rendering a state service
4. The terms for rendering a state service when applying to the portal
maximum allowable time for servicing a service recipient in the State corporation - 15 minutes.
5. Form of rendered state service: electronic (automated).
6. The result of the rendered state service shall be certificates:
on a registered legal entity, branch or representative office;
on the presence of branches and representative offices of a legal entity;
on participation of a legal entity in other legal entities;
on participation of an individual in legal entities, branches and representative offices;
on recognition of a legal entity as an inactive legal entity or involvement of its participants in inactive legal entities;
on coincidence of the name of created legal entity with the name of registered business entity;
on all registration actions of a legal entity;
on a registered legal entity on a given date;
on the latest amendments to the constituent documents;
on imposed encumbrances (arrest) on the share of a legal entity.
7. The state service is rendered free of charge to individuals and legal entities (hereinafter- a service recipient).
8. Work schedule:
of the portal - round-the-clock, except for technical breaks related to repair works (when a service recipient applies after the end of working hours, on weekends and holidays according to the Labor Code of the Republic of Kazakhstan, acceptance of an application and issuance of the result of rendering a state service shall be carried out on the next working day).
9. The list of documents required for rendering a state service when a service recipient (or his/ her representative by power of attorney) applies to:
to the portal:
an electronic request for a certificate from the State database "Legal entities" in the form (hereinafter - the request) in accordance with Appendix 1 to this standard, which indicates the type of information provided.
In rendering a state service, a service recipient shall submit a written consent to the use of information, constituting a secret, protected by the Law, contained in information systems, unless otherwise provided by the laws of the Republic of Kazakhstan.
When applying the portal a notification indicating the date and time of receipt of the result of a state service in the form of an electronic document, certified by electronic digital signature (hereinafter - EDS) shall be sent to the “personal account” of a service recipient.
A service recipient receives a state service in electronic form through the portal, subject to availability of an electronic digital signature or the use of a one-time password, in case of registration and connection of the subscriber number of a service recipient provided by the mobile operator to the portal account.
9-1. The grounds for refusal in rendering a state service shall be:
1) establishing the unreliability of documents submitted by a service recipient to receive a state service, and (or) data (information) contained in them;
2) a negative response of the authorized state body to the request for approval, which is required for rendering a state service, as well as the negative conclusion of an expertise, examination, or verification.
3) if in relation to a service recipient there is a court decision (sentence) that has entered into legal force on prohibition of activities or certain types of activity, requiring the receipt of a state service;
4) if in relation to a service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right, related to the receipt of a state service.
Chapter 3. The procedure for appealing against decisions, actions (inaction), as well as service
providers and (or) their officials, the State corporation and (or) their employees on the issues
of rendering state services
10. Appeal of decisions, actions (inaction) of the service provider and (or) its officials, the State corporation and (or) their employees on the issues of rendering state services:
1) the complaint shall be filed in the name of the head of a service provider at the address, specified in paragraph 13 of this standard.
The complaint of a service recipient of an individual shall indicate his/her surname, name, and also if desired patronymic, individual identification number, postal address, of a legal entity - name, postal address, business identification number. The appeal must be signed by an individual or a representative of a legal entity.
When filing a complaint, name of the subject or position, surnames and initials of officials, whose actions are appealed, motives of appeal and requirements (according to the requirements of paragraph 2 of Article 6 of the Law of the Republic of Kazakhstan “On the procedure for considering appeals of individuals and legal entities”) shall be indicated.
The complaint shall be accepted in writing by mail, through the web-portal of "electronic government", or on purpose through the office of a service provider on weekdays, as well as through video conferencing or video communication.
Confirmation of acceptance of the complaint shall be its registration (stamp, incoming number and date) in the office of a service provider indicating name and initials of the person, who accepted the complaint, time and place of receiving a response to the complaint.
2) A complaint about actions (inaction) of an employee of the State corporation shall be sent to the head of the State corporation at the addresses and phone numbers, specified in paragraph 13 of this standard of state service or through a Unified contact center 1414, 8 800 080 7777.
Confirmation of acceptance of the complaint at the office of the State corporation, received both on purpose and by mail, shall be its registration (stamp, incoming number and date of registration are put on the second copy of the complaint or a cover letter to the complaint).
The complaint of a service recipient, received to the address of a service provider or the State corporation, shall be subject to consideration within five working days from the date of its registration. A reasoned response about the results of the complaint shall be sent to a service recipient by mail, through the “e-government” web- portal, or issued on purpose in the office of a service provider.
When applying through the portal, information about the appeal procedure shall be obtained through a unified contact-center on the issues of rendering state services: 1414, 8 800 080 7777.
When sending a complaint through the portal, a service recipient shall have an access from his/her “personal account” to information about the appeal, which is updated during processing the appeal by a service provider (a note on delivery, registration, execution, response on consideration or refusal to consider).
In case of disagreement with the results of the rendered state service, a service recipient shall have the right to file a complaint with the authorized body for assessment and control over the quality of rendering state services.
The complaint of a service recipient, addressed to the authorized body for assessment and control over the quality of rendering state services shall be subject to consideration within fifteen working days from the date of its registration.
The term for consideration of the complaint by the authorized body for assessment and control over the quality of rendering state services, the central state body, the local executive body of the region, the city of republican significance, the capital city, district, the city of regional significance, the mayor of the district in the city, the city of district significance, settlement, village, rural district shall be extended by no more than ten working days in cases of necessity:
1) to conduct additional study or verification of the complaint or verification with a field visit;
2) to obtain more information.
In the case of extension of the term for consideration of a complaint, an official authorized to consider complaints shall notify a service recipient in writing (when filing a complaint in paper form) or electronically (when filing a complaint in electronic form) within three working days from the moment of extension of the term for consideration of a complaint, who filed a complaint about extension of the term for consideration of the complaint indicating the reasons for extension.
11. In cases of disagreement with the results of the rendered state service, a service recipient shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.
Chapter 4. Other requirements, taking into account the features of rendering state services,
including those rendered in electronic form and through the State corporation
12. Acceptance of documents for rendering a state service shall be conducted by an employee of the State corporation with departure at the place of residence by applying through the Unified contact- center: 1414, 8 800 080 7777 for service recipients who have full or partial loss of ability or ability to carry out self-service, move independently, navigate in the manner established by the legislation.
13. Addresses of rendering a state service are placed on the Internet resources of:
1) a service provider - www.adilet.gov.kz, section “State services”;
2) the State corporation – www.gov4c.kz.
14. A service recipient shall have the opportunity to receive a state service in electronic form through the portal, subject to availability of EDS.
15. A service recipient shall have the opportunity to receive information about the procedure and status of rendering a state service in remote access mode through the "personal account" of the portal, as well as the Unified contact- center.
16. Contact phone number of the inquiry service on the issues of rendering a state service: 8 (7172) 58 00 58. Unified contact-center: 1414, 8 800 080 7777.
| Appendix 1 to the standard of state service “Issuance of a certificate from the State database “Legal entities” ______________________ (a service provider) Form |
Request
for the receipt of a certificate from the State database
“Legal entities”
I, ________________________________________________________________
(S. N. P. (if any), passport data (identity card data) and the place of residence of an individual,
__________________________________________________________________
(name and details of a legal entity)
__________________________________________________________________
Acting from a legal entity
__________________________________________________________________
(filled in by an authorized representative)
on the basis of ______________________________________________________
(details of the document certifying authority)
Hereby ask to provide me with: a certificate from the State database “Legal entities”
__________________________________________________________________
(name of certificate)
I enclose the following documents:
__________________________________________________________________
Date __________,_________________________________________/______
(S. N. P. (if any) and signature of an applicant/authorized representative)
______________________________________________________
(S. N. P. (if any) and signature of the specialist who accepted the request)
The result of implementation/consideration/application: _____________________
__________________________________________________________________
verified: date ______________ 20 ____ .
__________________________________________________________________
(S. N. P. (if any) and signature of a specialist)
| Appendix 8 to the order of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 |
List of some orders that have become invalid
1. Order of the Minister of Justice of the Republic of Kazakhstan dated April 24, 2015 № 233 “On approval of standards of state services on the issues of registration of legal entities, branches and representative offices” (registered in the Register of state registration of regulatory legal acts № 11384, published July 9, 2015 in the legal information system "Adilet").
2. Order of the acting Minister of Justice of the Republic of Kazakhstan dated November 27, 2015 № 597 On amendments to the order of the Minister of Justice of the Republic of Kazakhstan dated April 24, 2015 № 233 “On approval of standards of state services on the issues of registration of legal entities, branches and representative offices” (registered in the Register of state registration of regulatory legal acts № 12410, published on December 22, 2015 in the legal information system "Adilet").
3. Order of the Minister of Justice of the Republic of Kazakhstan dated January 28, 2016 № 46 On amendments to the order of the Minister of Justice of the Republic of Kazakhstan dated April 24, 2015 № 233 “On approval of standards of state services on the issues of registration of legal entities, branches and representative offices” (registered in the Register of state registration of regulatory legal acts № 13064, published on March 9, 2016 in the legal information system "Adilet").
4. Order of the Minister of Justice of the Republic of Kazakhstan dated October 31, 2016 № 948 On amendments and additions to the order of the Minister of Justice of the Republic of Kazakhstan dated April 24, 2015 № 233 “On approval of standards of state services on the issues of registration of legal entities, branches and representative offices” (registered in the Register of state registration of regulatory legal acts № 14440, published on November 28, 2016 in the Standard control bank of regulatory legal acts of the Republic of Kazakhstan).
5. Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 № 485 “On amendments to certain orders of the Minister of Justice of the Republic of Kazakhstan” (registered in the Register of state registration of regulatory legal acts № 15165, published on June 12, 2017 in the Standard control bank of regulatory legal acts of the Republic of Kazakhstan).
6. Order of the acting Minister of Justice of the Republic of Kazakhstan dated January 5, 2018 № 24 On amendments and additions to the order of the Minister of Justice of the Republic of Kazakhstan dated April 24, 2015 № 233 “On approval of standards of state services on the issues of registration of legal entities, branches and representative offices” (registered in the Register of state registration of regulatory legal acts № 16318, published on February 20, 2018 in the Standard control bank of regulatory legal acts of the Republic of Kazakhstan).
7. Order of the acting Minister of Justice of the Republic of Kazakhstan dated April 5, 2018 № 524 On amendments and additions to some orders of the Minister of Justice of the Republic of Kazakhstan (registered in the Register of state registration of regulatory legal acts № 16779, published on April 25, 2018 in the Standard control bank of regulatory legal acts of the Republic of Kazakhstan).
8. Order of the Minister of Justice of the Republic of Kazakhstan dated November 22, 2018 № 1549 On amendments and additions to some orders of the Minister of Justice of the Republic of Kazakhstan (registered in the Register of state registration of regulatory legal acts № 17779, published on December 6, 2018 in the Standard control bank of regulatory legal acts of the Republic of Kazakhstan).