Unofficial translation
In accordance with subparagraph 1) Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" ORDER:
1. Approve:
1) Rules for public service provision "State registration of legal entities, accounting registration of their branches and representative offices" in accordance with Annex 1 to this order;
2) Rules for the public service provision of "State re-registration of legal entities, accounting re-registration of their branches and representative offices" in accordance with Annex 2 to this order;
3) Rules for the public service provision of "State registration of introduction of amendments and additions to the constituent documents of a legal entity that shall not be related to a private business entity, as well as a joint-stock company, provisions on their branches (representative offices)" in accordance with Annex 3 to this order;
4) Rules of public service provision "State registration of termination of the activities of a legal entity, removal from the accounting registration of a branch and representative office" in accordance with Annex 4 to this order;
5) Rules for the public service provision of "Issuance of a duplicate of the charter (provision) of a legal entity that shall not be related to a private business entity, as well as a joint-stock company, their branches and representative offices" in accordance with Annex 5 to this order;
6) Rules for public service provision "Issuance of a certificate of registration (re-registration) of legal entities, accounting registration (re-registration) of their branches and representative offices" in accordance with Annex 6 to this order.
Footnote. Paragraph 1 – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 30.03.2022 № 258 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. To recognize as invalid some 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 prescribed by law, shall ensure:
1) state registration of this order;
2) posting this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Justice of the Republic of Kazakhstan.
4. This order shall be enforced upon the expiration of ten calendar days after the day of its first official publication.
Acting Minister of Justice of the Republic of Kazakhstan |
N. Pan |
"AGREED"
Ministry of Digital Development,
innovation and aerospace
Republic of Kazakhstan
Appendix 1 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 № 66 |
Rules for public service provision "State registration of legal entities, registration of their branches and representative offices"
Footnote. Rules - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 30.09.2022 № 821 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. The Rules for the public services provision of "State registration of legal entities, registration of their branches and representative offices" (hereinafter referred to as the Rules) have been developed in accordance with paragraph 1) of Article 10 of the Law "On public services" (hereinafter referred to as the Law on public services) and shall determine the procedure for the public service provision "State registration of legal entities, registration of their branches and representative offices" (hereinafter referred to as the public service).
2. The Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry) and the territorial bodies of justice carry out state registration of legal entities that are non-profit organizations and accounting registration of their branches and representative offices.
The state corporation "Government for citizens" (hereinafter referred to as the State corporation) shall carry out state registration of legal entities that are commercial organizations and accounting registration of their branches and representative offices (hereinafter referred to as the service provider).
3. The state registration of public and religious associations with republican and regional status, including political parties, the Republican notary chamber, the Republican bar association, the Republican chamber of private bailiffs, the National chamber of entrepreneurs of the Republic of Kazakhstan, the Chamber of judicial experts of the Republic of Kazakhstan, the Arbitration Chamber of the Republic of Kazakhstan, the Republican association of legal consultants, registration of branches and representative offices of foreign and international non-profit non-governmental associations shall be carried out by the Ministry.
4. State registration of established, reorganized legal entities and registration of branches and representative offices, public and religious associations with local status, funds and associations of legal entities, registration of branches and representative offices of public and religious associations shall be carried out by territorial justice bodies.
5. The state registration of legal entities related to commercial organizations and the registration of their branches and representative offices shall be carried out by the State corporation.
6. For legal entities registered in the territory of the Republic of Kazakhstan, opening their structural subdivisions (branches and representative offices) outside the Republic of Kazakhstan, the service provider shall provide an extract from the National Register in accordance with Annex 1 of these Rules.
7. In the case of state registration of a legal entity belonging to a small and medium-sized business entity, as well as in the case provided for by part two of Article 6-1 of the Law of the Republic of Kazakhstan "On state registration of legal entities and accounting registration of branches and representative offices" (hereinafter referred to as the Law), through the web portal of "e-government," an application shall be submitted in electronic form for opening a bank account and for compulsory insurance of an employee against accidents (except when the founder (s) of a legal entity carries out (carry out) activities without entering into labor relations with individuals) in accordance with the requirements established by the Law of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of labor (official) duties "and regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.
Second-tier banks or organizations carrying out certain types of banking operations shall have the right to refuse to open a bank account in accordance with the Law of the Republic of Kazakhstan "On payments and payment systems."
8. The state registration of a legal entity belonging to a small and medium-sized business entity shall be carried out by submitting an electronic notification in the form according to Annex 2 of these Rules, which shall be filled out by the founder (founders) on the portal.
9. In the case of electronic registration, the state registration of legal entities shall be carried out on the basis of a notification received by the state database "Legal entities" (hereinafter referred to as the state database for Legal entities) through the portal.
10. State registration of a legal entity excluding political parties and religious associations, shall be performed based on an electronic application lodged via the ‘e-government’ web portal, as well as other informatisation objects, in the order established by the Ministry as per Article 6 of the Law.
The state registration of the association of property owners may be carried out based on the electronic Voting Protocol directed via informatisation objects in the sphere of housing and communal services.
Footnote. Paragraph 10 - as revised by order of the Minister of Justice of the RK № 501 of 11.06.2024 (shall be enacted on 08.06.2024).11. Registration of a branch (representative office) of a legal entity, with the exception of branches (representative offices) of political parties and religious associations, shall be carried out on the basis of an electronic application submitted through the "electronic government" web portal, as well as other objects of informatization, in the manner determined by the Ministry in accordance with Article 6-2 of the Law.
12. The state registration of a legal entity created by reorganization, with the exception of political parties and religious associations, shall be carried out on the basis of an electronic application submitted through the web portal "e-government," as well as other objects of informatization, in the manner determined by the Ministry in accordance with Article 6-3 of the Law.
13. When contacting the portal, the result of the provision of the state service in the form of an electronic document certified by the EDS is sent to the "personal account" of the service recipient.
Chapter 2. Procedure for public service provision
14. For public service, individuals and/or legal entities (hereinafter referred to as the service recipient) shall submit an application in the form set out in Annexes 3, 4, 5, 6 and 7 to the Rules (hereinafter referred to as the application) and a package of documents on the list provided for in the list of basic requirements for the public service provision "State registration of legal entities, accounting registration of their branches and representative offices" in accordance with Annex 8 to these Rules (hereinafter referred to as the "List") to the State corporation or on the "e-government" web portal: www.egov.kz (hereinafter referred to as the "portal").
15. The list of the main requirements for the public service provision, including the characteristics of the process, the form, content and result of the provision, as well as other information taking into account the peculiarities of the public service provision, shall be given in the List.
16. When receiving documents, the employee of the service provider checks the identity document or the electronic document from the service of digital documents (for identification) of the service recipient with the information contained in state information systems, and then shall return it to the service recipient.
17. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider shall refuse to accept the documents and issue a receipt in the form specified in Annex 9 to the Rules.
18. Upon presentation of the full package of documents to the service provider, the service recipient shall be issued a receipt for acceptance of documents indicating the date and time of receipt of the result of the public service.
19. Upon receipt of documents for the public service provision in accordance with paragraphs 3 and 4 of these Rules, an employee of the office of the service provider shall receive documents according to the register and send them to the department (department) of registration of legal entities.
The head of the department (department) of registration of legal entities within 20 minutes shall determine the executor and submit to him for execution.
Contractor: check the submitted documents for the correctness of their preparation (execution) for compliance with the current legislation of the Republic of Kazakhstan and in the absence of grounds for refusal (break) draw up an order on state registration of a legal entity, on accounting registration of a branch (representative offices), enter information into the National register of business identification numbers (hereinafter referred to as the National register), draw up a certificate on the state registration of a legal entity, on the registration of a branch (representative offices) with an assigned business identification number, draw up a case containing one copy of constituent and other documents after filing the case (putting the corresponding stamps confirming the assignment of the BIN).
After consideration by the contractor, a certificate of state registration of a legal entity, registration of a branch (representative office) with an assigned business identification number or a reasoned refusal order (on a break) shall be sent for signing to management. The documents signed by the management shall be transferred by the contractor to the office of the service provider. An employee of the office of the service provider shall transfer documents to the non-profit joint stock company "State corporation "Government for citizens" (hereinafter referred to as the State corporation) or shall send them to the service recipient through the portal.
Footnote. Paragraph 19 – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 13.07.2023 № 479 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).20. Upon receipt of documents for the public service provision in accordance with paragraph 5 of these Rules, an employee of the State corporation shall accept, shall check documents submitted by the service recipient and accepted documents, shall be sent to the relevant division of the State corporation in the field of registration of legal entities.
The head of the department (department) of registration of legal entities within 20 minutes shall determine the executor and submit to him for execution.
The Contractor: check the submitted documents for the correctness of their preparation (execution) for compliance with the current legislation of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), draw up an order on state registration of a legal entity, on accounting registration of a branch (representative office), enter information into the National register; draw up a certificate of state registration of a legal entity, on the registration of a branch (representative office) with an assigned business identification number, draw up a case containing one copy of constituent and other documents after the case has been drawn up (putting the appropriate stamps confirming the assignment of a BIN).
After consideration by the contractor, a certificate of state registration of a legal entity, registration of a branch (representative office) with an assigned business identification number, or a reasoned refusal order (on a break) shall be sent for signing to management. The documents signed by the management shall be transferred by the contractor to the issuance department of the State corporation.
Footnote. Paragraph 20 – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 13.07.2023 № 479 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).21. In the State corporation, the issuance of finished documents shall be carried out upon presentation of an identity card (or its representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which shall indicate the relevant powers of the representative).
The state corporation shall provide storage of documents for 1 (one) month, after which it transfers them to the service provider for further storage.
When the service recipient applies after one (1) month, at the request of the State corporation, the service provider shall send ready-made documents to the State corporation within one (1) working day for issuing to the service recipient.
22. If documents are submitted on the portal, a notification on state registration of legal entities for small and medium-sized businesses or a motivated response of the service provider to refuse to provide a state service in the form of an electronic document certified by the EDS of the service provider is sent to the personal account.
23. In cases of submitting an incomplete package of documents, the presence of shortcomings in them, the need to obtain an expert (specialist) opinion from the constituent documents, as well as on other grounds provided for by legislative acts of the Republic of Kazakhstan, the period of state (accounting) registration shall be interrupted until the identified shortcomings are eliminated or the corresponding conclusion (examination) is obtained.
If the grounds for the interruption of the term for the provision of the state service are identified, the service provider shall terminate the term for the public service provision for no more than one month with the indication of the reasons and transfer the documents to the State corporation.
The decision on the interruption of state registration shall be made by the service provider from the moment of acceptance of documents for state registration until the issue of the document, but not later than the expiration of the service.
After the elimination of the comments specified in the order on the break, the service recipient shall re-send the documents to the service provider through the State corporation.
If, within one month, the circumstances that have been the basis for a break in registration by the service recipient shall not be eliminated, then a reasoned order shall be issued to refuse to provide public service no later than three working days before the end of the break period.
Footnote. Paragraph 23 – in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 13.07.2023 № 479 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).24. If there are grounds for refusal of state registration of a legal entity, accounting registration of a branch (representative office), the service provider within the time frame provided for in Article 11 of the Law shall issue to him in writing a reasoned refusal to provide public service on the grounds specified in Paragraph 9 of the List.
When making a decision on refusal to provide a state service, the service provider shall within one day notify the service recipient of a preliminary decision on refusal to provide a public service, as well as the time and place of hearing, in order to be able to express a position to the service recipient by a preliminary decision.
The notice of hearing shall be sent at least three working days before the completion of the term for the public service provision.
The objection of the service recipient by a preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall make a decision on state registration or forms a motivated refusal to provide public service.
For public services, which have a less than three-day period for provision, hearing will not be held.
25. The service provider shall provide data entry into the information system for monitoring the public service provision on the stage of public service provision in accordance with the procedure established by the authorized body in the field of informatization, in accordance with paragraph 11) of paragraph 2 of Article 5 of the Law on public services.
26. In the event of a failure of the information system of the state database for Legal entities, the service provider immediately shall notify the operator of the information and communication infrastructure of the "electronic government" (hereinafter referred to as the operator).
In this case, the operator takes measures to determine the cause of the information system failure and within 1 (one) working day draws up a minute (act) on a technical problem and signs it by the service provider.
Chapter 3. Procedure for appeal against decisions, actions (inaction) of service providers and (or) their officials on the public service provision
27. A complaint about the decisions, actions (inaction) of the service providers and (or) their employees on the public services provision shall be submitted to the head of the service provider.
The complaint of the service recipient, received by the service provider directly providing the public service, in accordance with paragraph 2 of Article 25 of the Law on public services, shall be the subject to consideration within five working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of the public service provision shall be subject to consideration within fifteen working days from the date of its registration.
When contacting through the portal, information on the procedure for appeal can be obtained by calling a unified contact center on the public service provision.
28. Consideration of the complaint shall be carried out by the authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and accounting registration of branches and representative offices, the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction)) is appealed, not later than three working days from the date of receipt of the complaint shall send it and the administrative case to the body considering the complaint.
At the same time, the service provider, whose decision, action (inaction)) shall be appealed, shall have the right not to send a complaint to the body considering the complaint, if it takes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
Unless otherwise provided by the Law, appeal to the court shall be allowed after appeal in pre-trial order.
Annex 1 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
|
Form | |
_____________________________ Name of the registration authority |
Extract from the National register of business identification numbers
This statement shall contain legal entity information
________________________________________________________________
(full name of the legal entity)
The National register of business identification numbers shall contain information on
the following indicators:
Legal form: __________________________________________
Full name of the legal entity in Kazakh: __________________
________________________________________________________________________
Full name of the legal entity in Russian: ____________________
_________________________________________________________________________
Business identification number: __________________________________________
Date of registration (re-registration): ________________________________________
Information about the address (location) of the legal entity: _____________________
_________________________________________________________________________
(with full mailing address)
Name of the registration authority: ______________________________________
_________________________________________________________________________
Date of issue ____________ ___________ __________
Head signature full name (if any)
Place for seal
Annex 2 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices" |
Form
Notice for business start (for small businesses) with the opening of a bank account and mandatory insurance of the employee against accidents (except when the founder (s) of a legal entity carries out (carry out) activities without entry in labor relations with individuals)
1. Form of organization: ___________________________________________
2. Legal form: ________________________________
3. Specify the name of the organization without an organizational and legal form:
name in the state language without specifying the organizational and legal form: __________________
name in Russian without specifying the organizational and legal form: __________________________
name in English with indication of organizational and legal form: ________________________
short name in the state language: ____________________________
short name in Russian: ____________________________________
short name in English with indication of organizational and legal form: ______________________
4. Head: full name (if any )/citizenship/number (batch if any), issuing authority/validity period, identity document data, including IIN
5. Decision of the authorized body of the legal entity on the appointment of the head decision number: _______ decision date: _________
6. Information about the founding residents: for an individual:
IIN, full name (if any), deposit amount _________ KZT,
share in the authorized capital of ___%;
for a legal entity: BIN, organization name, deposit amount __________ KZT,
share in the authorized capital of ___%;
6.1. Information about non-resident founders:
for an individual: IIN (if any), document data
identity, full name (if any), citizenship, deposit amount ______ KZT,
interest _____%;
for a legal entity: BIN (if any), number under which the organization shall be registered in a foreign country, name of the organization, jurisdiction (country) of registration, address of location, amount of deposit ____ KZT, participation share ___%
7. Acts according to the standard charter: Yes _______, No ________
8. Information about the beneficial owner (s): citizenship, full name (if any), data of the identity document, IIN (if any)
9. Location of a legal entity, branch (representative office) type
locations: address of own real estate ____________
the address of the leased property _______________________________
address registration code: ___________________________________
address: ____________ region, city, district, ______________________
rural district, district in the city: _________________________________
village, village ________________________________________________
part of the settlement (street, avenue): _________________
real estate type: ______________ room, building ____________
identification data: ________ house number, ___ building number,
______ unit number, apartment ______________________________
postal code: ___________ phone number (fax) ____________
10. Registration authority (to be filled in automatically according to the specified address):
11. Key economic activity code: ______________
12. Expected (approximate) number of employed people (at least 1 person): _____
13. VAT registration: Yes __________, No ______
14. Open a bank account and enter into an insurance contract.
15. Select bank (master data selection): ________________________
16. Select bank branch (selection from master data): _________________
17. Select currency (master data selection): ________________________
18. Phone number: _____________________________________________
19. Information about the executive body: sole _______________,
collegial ____________ name of the executive body ____
20. Select insurance company (selection from reference book): _____________
21. Annual wage fund in KZT _____________________________
22. Specify the start and end date of the insurance period: the start date of the insurance period _____________________________________
the end date of the insurance period __________________________________
23. Attach documents: an electronic copy of the charter (if any).
I hereby agree to the use of information constituting a secret protected by law contained in information systems __________
Note:
BIN - Business identification Number
IIN - individual identification number
Full name - last name, first name, patronymic (if any)
VAT - Value added tax
Beneficial owner - an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or shares of a client - a legal entity or a foreign structure placed (minus preferred and redeemed by the company) without forming a legal entity that exercises control over the client in a different way, in whose interests the client performs transactions with money and (or) other property.
Annex 3 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices" |
|
Form
Application for state (accounting) registration legal entity, branch (representative office)
1. Form of organization (specify in the corresponding cell x)
1) legal entity _________
2) branch ________
3) representation ________
2. Name of legal entity, branch (representative office)
_______________________________________________________________
3. Participation in legal entity, branch (representative office) of foreign investors
(specify in the corresponding cell x)
1) yes _____________ 2) no __________________
4. Location of legal entity, branch (representative office)
Address registration code: _____________ post code: _________
Area: _______________________________________
City, district, ___________________________________
Rural district, district in the city: ____________________________________
Village, settlement ____________________________________________________
Part of the settlement (street, avenue): ____________________
House number _________________, room: ____________________
Phone number: __________________ E-mail address: ________
5. Full name (if any) of the manager ___________________________
IIN ________________________,
6. Composition and number of founders (specify in the corresponding cell x,
number in numeric designation):
1) legal entity _____________ 2) individual _______________
Name of the legal entity __________________________________
BIN, equivalent of tax registration number, or country code (for foreign
legal entity) ________________________________
Share in the authorized capital% ________ Deposit amount (thousand KZT) _______
Full name (if any) of an individual _________________________
IIN, equivalent to tax registration number, or country code (for foreign
individual) __________________________________
Share in the authorized capital% ________ Deposit amount (thousand KZT) ______
If the founders have more than one information about them: full name (if any), IIN,
equivalent of tax registration number, or country code (for an individual),
name, BIN, equivalent of tax registration number, or country code (for
legal entity), as well as their share in the authorized capital in interest and monetary
expressions shall be attached to the application on a separate sheet.
7. Information about the beneficial owner (s): citizenship, full name, data
identification document, IIN (if any), share in the authorized
the capital of a legal entity or the amount of outstanding shares owned by
to the beneficial owner __________________________________________________
8. Specify the key of the main economic activity: _______
9. Registration as VAT payer (specify in the corresponding box x):
1) yes __________________ 2) no _____________________
10. Amount of authorized capital _____________________________________
11. Information about the legal entity creating the branch office (representative office)
Legal entity (non-resident)
Name of the _______________________________________________
BIN, (if you do not have to specify an analogue of the tax registration number or country code) ____
12. The expected (approximate) number of employed people ______________
13. Private enterprise entity (specify in the corresponding box x):
1) medium-sized business entity ______________________
2) a big business entity _______________________________________
14. The creation of a legal entity shall be preceded by a reorganization (specify in the corresponding
cell x)
1) conversion __________________
2) merger _________________________
3) isolation of _______________________
4) separation of _______________________
I hereby agree to the use of information constituting a secret protected by the Law,
contained in information systems __________
Attached to the application shall be: ___________________________________________________
"____" ________________ __ 20
______________________________________
Full name (if any) and signature of the applicant
Note:
BIN - Business identification number
IIN - individual identification number
Full name - last name, first name, patronymic (if any)
VAT - Value added tax
Beneficial owner - an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or shares of a client - a legal entity or a foreign structure placed (minus preferred and redeemed by the company) without forming a legal entity that exercises control over the client in a different way, in whose interests the client performs transactions with money and (or) other property.
Annex 4 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices" |
Form
Application for state registration of business associations, operating on the basis of a standard charter
1. Name of the legal entity __________________________
_______________________________________________________
2. Legal form (specify in the corresponding box x):
1) full partnership _____________
2) limited liability partnership __________________________
3) a commandite partnership ___________________________________________
4) partnership with additional responsibility ________________________
3. Participation in the composition of foreign investors (specify in the corresponding cell x):
1) yes _________________ 2) no ____________________
4. The legal entity shall be a subsidiary (specify in the corresponding box x):
1) yes _______________ 2) no ____________
5. Location of the legal entity:
Address registration code: ____________________
Zip code: ___________
Area: __________________________________________________________
City, district, __________________________________________________________
Rural district, district in the city: __________________________________________
Village, settlement ____________________________________________________________
Part of the settlement (street, avenue): __________________________________
House number _________________, room: __________________________________
Phone number: _________________ E-mail address: __________________
6. Full name (if any) of the manager _____________________________________
(including ID and ID details)
7. Information about the beneficial owner (s): citizenship, full name, data
identification document, IIN (if any), share in the authorized
the capital of a legal entity or the amount of outstanding shares owned by
to the beneficial owner __________________________________________________
8. Specify the key of the main economic activity: _________________
9. Registration as VAT payer (specify in the corresponding box x):
1) yes __________________ 2) no _____________________________
10. Amount of authorized capital ________________________________
11. Composition and number of founders (specify in the corresponding cell x, number in
numeric designation):
1) legal entity _____________ 2) individual __________________
Name of the legal entity ____________________________________
____________________________________________________________________
(with the indication of the BIN)
Share in the authorized capital% _____ Deposit amount (thousand KZT) ___________________
Full name (if any) of an individual ___________________________________
_________________________________________________________________________
(including ID and ID details)
Share in the authorized capital% ______ Deposit amount (thousand KZT) __________________
If there are more than one founders, information about them: full name (if any) with
indication of ID and IIN data, analogue of tax registration number,
or country code (for an individual), name indicating the BIN, analogue of the number
tax registration, or country code (for a legal entity), as well as their share in
the authorized capital in interest and monetary terms shall be attached to the application for
separate sheet.
12. If the Supervisory Board is formed, specify the exclusive competence:
______________________________________________________________________________
______________________________________________________________________________
13. Specify the term of the audit commission (sole auditor)
___________________________________________________________________
14. The expected (approximate) number of employed people _________________
15. Private enterprise entity (specify in the corresponding box x):
1) small business entity: __________________________________
2) medium-sized business entity _________________________________
3) a subject of large business _________________________________
16. The creation of a legal entity shall be preceded by a reorganization (specify in the corresponding
cell x):
1) transformation _______ 2) merging __________
3) isolation ___________________ 4) separation _______________________
17. Number of legal entities involved in the reorganization ______________
18. If you are converting, you must specify the following information:
The former name of the legal entity ________________________________
Business Identification Number (BIN) __________________________________
19. In case of merging, the following conclusions shall be specified:
Names of legal entities involved in the merger ____________________
Business Identification Number (BIN) __________________________________
20. If selected, specify the following information:
Name of the current legal entity from which the new legal entity is separated
face ______________________________________________________
Business identification Number (BIN) _________________________________
21. In case of separation, the following information must be specified:
Name of the legal entity on the basis of which the legal entities have been created
___________________________________________________________________
___________________________________________________________________
Business identification number (BIN) _____________________________________
I hereby agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application shall be: __________________________________________________
__________________________________________________________________________
__________________________________________________________________________
"____" ______________ ___ 20
Full name (if any) and signature of the founder (either by one of the founders or
by an authorized founder person in cases where the sole founder or
one of the founders shall be a foreigner or foreign legal entity). Full name
(if any) and the signatures of the founders (in the case when maintaining a register of participants
shall be carried out by the central depository - the signature of the individual authorized by the minute
general meeting of founders (by the decision of the participant).
The authenticity of the signature (s) must be certified by a notary
order, except for business associations.
Note:
BIN - Business identification number
IIN - individual identification number
Full name - last name, first name, patronymic (if any)
VAT - Value added tax
Beneficial owner - an individual to whom directly or indirectly
own more than twenty-five percent of the interest in the authorized capital or
placed (less preferred and repurchased by the company) shares of the client -
a legal entity or a foreign entity without a legal entity,
exercising control over the client in another way, in the interests of which the client
transactions shall be made with money and/or other property.
Annex 5 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices" |
Form
State registration application a company operating on the basis of a standard charter
1. Name of the registered joint stock company
______________________________________________________
2. Participation in the composition of foreign investors (specify in the corresponding cell x):
1) yes ____________ 2) no ____________
3. The legal entity shall be a subsidiary (specify in the corresponding box x):
1) yes _____________ 2) no ___________
4. Location of the joint-stock company registration code
addresses _______________ post code: _______
Region: __________________________ city, district, _____________________
Rural district, district in the city: ________________________________________
Village, settlement ____________________________________
Part of the settlement (street, avenue): ____________________
House number _________________, room: ______________
Phone number: _______________ E-mail address: __________
5. Full name (if any) of the manager _______________________
(including ID and ID details)
6. Specify the key of the main economic activity: ___________
7. Information about the beneficial owner (s): citizenship, full name, data of the identity
document, IIN (if any), interest in the authorized capital of the legal entity or the amount
of outstanding shares owned by the beneficial owner _______________
Amount of authorized capital _____________________
8. Registration as VAT payer (specify in the corresponding box x):
1) yes __________________ 2) no _____________________
9. Composition and number of founders (specify in the corresponding cell x,
number in numeric designation):
1) legal entity _________ 2) individual __________________
10. Specify the guaranteed dividend amount for the preferred share:
________________________________________________________________________________
(in a fixed expression or indexed to any indicator, provided that its values shall be regular and publicly available)
11. Specify the frequency of dividend payment on preferred
shares: _________________________________________________________
12. Specify the media used to publish the information,
subject to mandatory publication _______________________________________
13. Number of members of the company's board of directors ___________________
The requirements of paragraph 37 of the model articles of association apply to financial institutions.
14. Number of members of the company's management board ___________________
15. The expected (approximate) number of employed people _____________
16. Private enterprise entity (specify in the corresponding box x):
1) medium-sized business entity ______________
2) a subject of large business __________________________
17. The creation of a legal entity shall be preceded by a reorganization (specify in the corresponding
cell x):
1) transformation ______________ 2) merging _______________________
3) isolation _________________ 4) separation ____________________
18. Number of legal entities involved in the reorganization _______
19. If you are converting, you must specify the following information:
The former name of the legal entity _________________________
Business identification number (BIN) ________________________
20. If you merge, you must provide the following information:
Names of legal entities involved in the merger ____________
Business identification number (BIN) ___________________
21. If selected, specify the following information:
Name of the current legal entity from which the new legal entity shall be separated
face _________________________________________
Business identification number (BIN) ___________________
22. In case of separation, the following information must be specified:
Name of the legal entity on the basis of which the legal entities are created ____________________
_________________________________________________________________
Business identification number (BIN) ______________
I agree to the use of information constituting a secret protected by law contained in information systems _________
Attached to the application are: _____________________________
"____" __________________ ___ 20
Full name (if any) and signature of the head The authenticity of the signature shall be notarized.
Note:
BIN - Business identification number
IIN - individual identification number
Full name - last name, first name, patronymic (if any)
VAT - Value added tax
Beneficial owner - an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or shares of a client - a legal entity or a foreign structure placed (minus preferred and redeemed by the company) without forming a legal entity that exercises control over the client in a different way, in whose interests the client performs transactions with money and (or) other property.
Annex 6 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
Application for state registration of production a cooperative operating on based on a model charter
1. Name of the production cooperative _____________________
________________________________________________________________
2. Participation in the composition of foreign investors (specify in the corresponding cell x):
1) yes __________ 2) no _______________
3. The legal entity shall be a subsidiary (specify in the corresponding box x):
1) yes _____________ 2) no ___________
4. Location of the production cooperative address registration code:
_____________ post code: ________
Region: __________________________ city, district, ______________________
Rural district, district in the city: __________________________
Village, settlement _______________________________
Part of the settlement (street, avenue): _____________
House number _________________, room: _____________
Phone number: ________________ E-mail address: __________
5. Full name (if any) of the manager __________________________________________
(including ID and ID details)
6. Specify the key of the main economic activity: __________
7. Information about the beneficial owner (s): citizenship, full name, document data,
identity, IIN (if any), equity interest
legal entity or the amount of outstanding shares owned by the beneficiary
to the owner _______________________
8. Agricultural cooperative (specify in the corresponding cell x):
1) yes __________ 2) no __________
9. Registration as VAT payer (specify in the corresponding box x):
1) yes __________________ 2) no _____________________
10. Composition and number of founders (specify in the corresponding cell x, number in
numeric designation):
1) legal entity ________ 2) individual ___________________
11. Information about the founders of legal entities full name of an individual
________________________________________________________________________________
(indicating ID data, IIN, equivalent of tax number
registration, or country code (for a foreign individual)
____________________________________________
Share amount% ________ property contribution _______________________
Full name (if any) of an individual _________________________
IIN, equivalent to tax registration number, or country code (for foreign physical
persons) ________________________________
Share amount% ___________ property contribution ___________________
If the founders have more than one information about them: full name, certificate data
identity, IIN, BIN, name, location, tax tax number
registration, or country code (as well as property contribution), information on the amount of share
attached to the application on a separate sheet.
12. Procedure, methods and terms of making a property contribution by members of the cooperative
__________________________________________________________________________
13. The relationship between the cooperative and its members, the executive body and the
workforce: ___________________________________
14. Composition of the audit committee _________________
15. Term of election of the audit committee _______________
16. The expected (approximate) number of employed people _____________
17. Private enterprise entity (specify in the corresponding box x):
1) small business entity ____________________
2) medium-sized business entity _______________________
3) a subject of large business _______________
18. The creation of a legal entity shall be preceded by a reorganization (specify in the corresponding
cell x):
1) transformation __________ 2) merging ____________________
3) isolation _____________ 4) separation _________________
19. Number of legal entities involved in the reorganization _______
20. If you are converting, you must specify the following information:
The former name of the legal entity ____________________
Business identification number (BIN) _______________________
21. If you merge, you must provide the following information:
Names of legal entities involved in the merger ____________
Business identification number (BIN) ___________________
22. If selected, specify the following information:
Name of the current legal entity from which the new legal entity shall be separated
face __________________________________________
Business identification number (BIN) ________________________
23. In case of separation, the following information must be specified:
Name of the legal entity on the basis of which the legal entities were created
___________________________________________________________
Business identification number (BIN) ____________________
I hereby agree to the use of information constituting a secret protected by law,
contained in information systems __________________
Attached to the application shall be: ________________________________________
"____" __________________ __ 20 ____________________________
Full name (if any) and signature of the chairman of the board (chairman) of the cooperative.
The authenticity of the signature (s) shall be notarized.
Note:
BIN - Business identification number
IIN - individual identification number
Full name - last name, first name, patronymic (if any)
VAT - Value added tax
Beneficial owner - an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or shares of a client - a legal entity or a foreign structure placed (minus preferred and redeemed by the company) without forming a legal entity that exercises control over the client in a different way, in whose interests the client performs transactions with money and (or) other property.
Annex 7 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
Application for state registration of a medium-sized entity entrepreneurship, as well as to open a bank account and for compulsory employee accident insurance (except when the founder (s) legal entity carries out (carry out) activities without entering into labor relations with individuals)
1. Form of organization: ___________________________________________
2. Legal form: ________________________________
3. Specify the name of the organization without an organizational and legal form:
name in the state language without specifying the organizational and legal form: __________________
name in Russian without specifying the organizational and legal form: __________________________
name in English with indication of organizational and legal form: _______________________
short name in the state language: ____________________________
short name in Russian: ____________________________________
short name in English with indication of organizational and legal form: _____________
4. Head: full name (if any )/citizenship/number (batch if any), body
issuance/validity period, identity document data, including ID
5. Resolution of the authorized body of the legal entity on the appointment of the head resolution number: ______
Resolution date: _______
6. Information about the founding residents:
for an individual:
IIN, full name (if any), deposit amount _________ KZT,
share in the authorized capital of ___%;
for a legal entity: BIN, organization name, deposit amount _______ KZT,
share in the authorized capital of ___%;
6. 1. Information about non-resident founders: for an individual:
IIN (if any), identity document details,
Full name (if any),
citizenship, the amount of the deposit ______ KZT, the share of participation ___%; for legal entity:
BIN (if any), number under which the organizationshall be registered in a foreign
state, name of organization, jurisdiction (country) of registration, address of place
location, deposit amount ______ KZT, participation share ___%
7. Acts according to the standard charter: Yes _______, No ________
8. Information about the beneficial owner (s): citizenship, full name, data
identification document, IIN (if any), share in the authorized
the capital of a legal entity or the amount of outstanding shares owned by
to the beneficial owner _______________________
9. Location of legal entity, branch (representative office) location type:
address of own real estate __________________________________
the address of the leased property ___________________________________
address registration code: _______________________________________
address: ________________________ region, city, district, _______________
rural district, district in the city: _____________________________________
village, settlement ___________________________________________________
part of the settlement (street, avenue): _____________________
real estate type: ____________ room, building __________________
identification data: _________ house number, building number _____
___ unit number, apartment __________________________________________
postal code: ______________ phone number (fax) ____________
10. Registration authority (to be filled in automatically according to the specified address):
11. Key economic activity code: _________________
12. Expected (approximate) number of employed people (at least 1 person): ______
13. VAT registration: Yes __________, No ______
14. Open a bank account and enter into an insurance contract.
15. Select Bank (Master data selection): ___________________________
16. Select bank branch (selection from master data): ____________________
17. Select currency (Master data selection): _________________________
18. Phone number: _____________________________________________
19. Information about the executive body: sole ________________,
collegial _____________________ name of the executive body ____
20. Select insurance company (selection from reference book): ____________
21. Annual wage fund in KZT ______________________________
22. Specify the date of the beginning and end of the insurance period:
the start date of the insurance period _____________________________________
the end date of the insurance period __________________________________
23. Attach documents: an electronic copy of the charter (if any).
I hereby agree to the use of information constituting a secret protected by law,
contained in information systems ________
BIN - Business identification number
IIN - individual identification number
OLF - organizational and legal form
VAT - Value added tax
CFR – Coefficient of performance ratio
Full name (if any) - last name, first name, patronymic (if any)
LE - legal entity
Note:
BIN - Business identification number
IIN - individual identification number
Full name - last name, first name, patronymic (if any)
VAT - Value added tax
Beneficial owner - an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or shares of a client - a legal entity or a foreign structure placed (minus preferred and redeemed by the company) without forming a legal entity that exercises control over the client in a different way, in whose interests the client performs transactions with money and (or) other property.
Annex 8 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
List of basic requirements for rendering the state service
“State Registration of Legal Entities, Record Registration of their Branches and Representative Offices”
Footnote. Appendix 8 - as reworded by order of the Minister of Justice of the Republic of Kazakhstan № 501 of 11.06.2024 (shall become effective on 08.06.2024).
Name of the state service |
1 | Name of the service provider | Ministry of Justice (hereinafter referred to as the Ministry), territorial bodies of justice, State Corporation. |
2 | Ways of rendering the state service |
1. Notification of the commencement of entrepreneurial activities (for small businesses) - State Corporation, e-Government web portal; |
3 | Term of rendering the state service |
1. Notification of the commencement of entrepreneurial activities (for small businesses) - on the portal the state registration of legal entities belonging to private business entities, excluding joint stock companies, their branches (representative offices), shall be provided within 1 hour from the moment of application filing. |
4 | Form of rendering the state service |
1. Notification of the commencement of entrepreneurial activities (for small businesses) - electronic (partially automated)/paper/rendered based on the principle of “one application”. |
5 | Result of rendering the state service |
1. Notification of the commencement of entrepreneurial activities (for small businesses). |
6 | The amount of payment charged from the service recipient when rendering a state service and ways of its collection in cases envisaged by the legislation of the Republic of Kazakhstan |
1. Notification of the commencement of entrepreneurial activities (for small businesses) - free of charge. |
7 | Work schedule of the service provider, the State Corporation and information objects |
1. The Ministry and its territorial bodies of justice - from Monday to Friday, in line with the established work schedule from 9.00 a.m. to 6.30 p.m., excluding weekends and public holidays, pursuant to the Labour Code of the Republic of Kazakhstan (hereinafter - the Labour Code) with a lunch break from 1.00 p.m. to 2.30 p.m. |
8 | List of documents and information required from the service recipient for rendering the state service |
List of documents in the context of organisations accepting applications, as well as subspecialties of services: |
9 | Grounds for refusal to render a state service established by the laws of the Republic of Kazakhstan |
1. Registration of commercial legal entities; |
10 | Other requirements with account of the specifics of rendering a state service including those rendered in electronic form and via the State Corporation |
For service recipients suffering from a complete or partial loss of the ability or possibility to perform self-care, to move independently, to orientate themselves as prescribed by law, the documents for the delivery of the state service shall be accepted by an employee of the State Corporation with a visit to the place of residence by applying via the Unified Contact Centre ‘1414’, 8 800 080 7777. |
Annex 9 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
Full name (if any) (hereinafter referred to as full name), or name of the organization service recipient) ___________________________ (service recipient address) |
Receipt on refusal to accept documents
In accordance with paragraph 2 of Article 20 of the Law on public services, department № ___ of the branch of the State corporation (indicate the address) shall refuse to accept documents for the public service provision (indicate the name of the public service in accordance with the list of public service) due to your submission of an incomplete package of documents according to the list provided for by the list of public services, namely:
Name of missing documents:
1. ________________________________________;
2. ________________________________________;
3. ________________________________________.
This receipt shall be made in 2 copies, one for each party.
Full name (if any) (employee of the State corporation) (signature)
Executor: full name (if any) _____________
Phone number __________
Received: full name (if any )/ ____/signature of the service recipient
"___" _________ 20 _____
Annex 10 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
Form Registration authority _________ Certificate of state registration of a legal entity _________________________________ Business identification number
"___" _________ _____ 20 settlement
Name: ___________________________________________________
Location: ________________________________________________
Manager: ____________________________________________________
Founders (members): ___________________________________________
Carry out activities on the basis of a standard charter. Certificate shall be a document
confirming the state registration of a legal entity, in accordance with the legislation
of the Republic of Kazakhstan Head of the registration body
__________________ _______________________
(Signature) (full name (if any)
Place of sealing
Date of issue
Annex 11 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
Registration authority Account registration certificate of the branch (representative office) of a legal entity ______________________________ Business identification number ______________________________
"___"_________20_____
settlement
Name of the branch (representative office) of legal entity: _________
___________________________________________________________________
Legal entity name: _____________________________________
___________________________________________________________________
Location of the branch (representative office) of the legal entity: _________
__________________________________________________________________
Certificate shall be a document confirming the registration of a branch office
(representative offices) in accordance with the legislation of the Republic of Kazakhstan
Head of the registration authority ____________ _________________________
(Signature) (full name (if any)
Place of sealing
Date of issue
Annex 12 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Fee rates shall be calculated based on the size of the monthly calculated indicator established for the corresponding fiscal year by the Law on the republican budget (hereinafter referred to as the MCI), and shall be:
№ | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of the 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) | legal entities, their branches and representative offices | 6,5 |
1.2) | 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, state enterprises, cooperatives of owners of premises (apartments) and associations of owners of property of an apartment building, accounting registration (re-registration), deregistration of their branches and representative offices; | |
2.1) | for state registration, registration of termination of activities, accounting registration, removal from accounting registration | 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 persons with disabilities, registration (re-registration), deregistration of their branches and representative offices, branches of republican and regional national-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 activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), removal from accounting registration | 1 |
Annex 13 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
NOTICE on the intention to create a political party
"__" __________ 20____ год № ______
In accordance with Article 6 of the Law of the Republic of Kazakhstan "On political parties," we, hereby the undersigned shall notify the Ministry of the intention to create a political party
_______________________________________________________________:
assumed name
(Full name (if any), signature) 1. ______________________________;
(Full name (if any), signature) 2. ______________________________;
(Full name (if any), signature) 3. ______________________________;
(Full name (if any), signature) 4. ______________________________;
(Full name (if any), signature) 5. _____________________________;
(Full name (if any), signature) 6. ______________________________;
(Full name (if any), signature) 7. ______________________________;
(Full name (if any), signature) 8. ______________________________;
(Full name (if any), signature) 9. ______________________________;
(Full name (if any), signature) 10. _____________________________
Attached shall be the following
Annex 14 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
List of initiative group members __________________________________________ name of the political party __________________________________________ region, Astana, Almaty and Shymkent
№ r/n | Surname, patronymic name (if any) | Date of birth | IIN | Identification document number of a citizen of the Republic of Kazakhstan | Address of the residence |
1 | 2 | 3 | 4 | 5 | 6 |
__________________________________________________________________________
name and signature of the person responsible for the list preparation (each list sheet shall be signed by the individual responsible for the list preparation)
Annex 15 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Form
About organizational committee members on the creation of a political party
"____" ________ 20____ года
№ | Surname, first name, patronymic (if any) | Month and year of birth | Identity or identification number information | Place of residence, contact phone number | Signature |
1. | |||||
2. | |||||
3. | |||||
4. | |||||
5. | |||||
6. | |||||
7. | |||||
8. | |||||
9. | |||||
10. |
Annex 16 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
Document submission confirmation
The Ministry hereby confirms that the authorized person of the organizing committee
_____________________________________________
surname, first name, patronymic (if any)
identity document: ________________________________
number, date of issue of the document, by whom it have been issued, and the registration authority received "___" _______ 20 _____ . № ________ the following documents:
№ | Name of the document | Documents submitted | |
on paper (number of sheets) | on electronic media (file name) | ||
1. | notice | ||
2. | list of the initiative group of citizens to create a political party | ||
3. | information about members of the organizing committee | ||
4. | Minutes of the meeting of the organizing committee of "___" __________ __ 20 | ||
Registering body | |||
5. | Position of the employee of the registration authority | ||
6. | Surname | ||
7. | Name | ||
8. | Patronymic (if any) | ||
9. | Contact phone number | ||
10. | Signature |
Annex 17 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
List of members __________________________________________ name of the political party __________________________________________ region, Astana, Almaty and Shymkent
№ r/n | Surname, name, patronymic (if any) | Month and year of birth | Identification document number of a citizen of the Republic of Kazakhstan and IIN | Address Residence |
1 | 2 | 3 | 4 | 5 |
_________________________________________________________________
name and signature of the individual responsible for the list preparation (each list sheet shall be signed by the individual responsible for the list preparation)
Annex 18 to the Rules for public service "State registration of legal entities, accounting registration of their branches and representative offices " |
List of citizen initiators of the created religious association ________________________________________________________________ name of the religious association ________________________________________________________________ region, Astana, Almaty and Shymkent
№ r/n | Surname, patronymic name (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 phone number | personal signature |
1 | 2 | 3 | 4 | 5 | 6 |
Approved by Order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2020 № 66 "On approval of the rules for the provision of public services |
|
in the field of state registration of legal entities and registration of branches and representative offices" |
The Rules for the provision of public services "State re-registration of legal entities, accounting re-registration of their branches and representative offices"
Footnote. Rules - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated September 30, 2022 № 821 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. The rules for the provision of the public service "State re-registration of legal entities, accounting registration of their branches and representative offices" (hereinafter referred to as the Rules) have been developed in accordance with the Law on Public Services and shall determine the procedure for providing the public service "State re-registration of legal entities, accounting registration of their branches and representative offices" (hereinafter referred to as Public service).
2. The Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry) and territorial justice bodies shall carry out state re-registration of legal entities that are non-profit organizations and accounting re-registration of their branches and representative offices.
The State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) shall carry out state re-registration of legal entities that are commercial organizations and accounting re-registration of their branches and representative offices (hereinafter referred to as the Service provider).
3. State re-registration of public and religious associations with republican and regional status, including political parties, the Republican Notary Chamber, the Republican Bar Association, the Republican Chamber of Private Bailiffs, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the Chamber of Forensic Experts of the Republic of Kazakhstan, the Arbitration Chamber of Kazakhstan, Republican College of Legal Consultants, the registration re-registration of branches and representative offices of foreign and international non-profit non-governmental associations shall be carried out by the Ministry.
4. State re-registration of created, reorganized legal entities, and accounting registration of branches and representative offices, 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 justice authorities.
5. State re-registration of legal entities related to commercial organizations and accounting re-registration of their branches and representative offices shall be carried out by the State Corporation.
6. State re-registration of a legal entity, except for political parties and religious associations, shall be carried out based on an electronic application submitted through the "electronic government" web portal, as well as other informatization objects, in the manner determined by the Ministry in accordance with Article 14 of the Law.
Chapter 2. Procedure for providing public services
7. To receive public service, individuals and (or) legal entities (hereinafter referred to as the Service recipient) shall submit an application in the form in accordance with Annexes1, 2, 3 and 4 to these Rules (hereinafter referred to as the Application) and a package of documents according to the list provided in the list of public services "State re-registration of legal entities, accounting re-registration of their branches and representative offices"in accordance with Annex 5 to these Rules (hereinafter referred to as the List) at the location of the service provider in the State Corporation or on the "electronic government" web portal: www.egov.kz (hereinafter referred to as the Portal).
8. The list of basic requirements for the provision of public services, including characteristics of the process, form, content and result of the provision, as well as other information taking into account the specifics of the provision of public services, shall be given in the List.
9. When accepting documents, the employee of the service provider shall check the identity document or an electronic document from the digital document service (for identification) of the service recipient with the information contained in government information systems, and then return it to the service recipient.
10. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider shall refuse to accept the application with the issuance of a receipt in the form in accordance with Annex 6 to these Rules.
11. Upon presentation of a complete package of documents to the service provider, the service recipient shall be issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
12. Upon receipt of documents for the provision of public services in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider’s office shall receive documents according to the register and send them to the Department of registration of legal entities.
The head of the Department of registration of legal entities shall determine the executor within 20 minutes and transfer it to him/her for execution.
Executor: shall check the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), draw up an order for the state re-registration of a legal entity, for the accounting re-registration of a branch (representative office), enter information into the National Register, draw up a certificate of state re-registration of a legal entity, on accounting re-registration of a branch (representative office) with an assigned business identification number shall be drawn up in a file containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the assignment of a BIN).
After consideration by the executor, a certificate of state re-registration of a legal entity, of accounting re-registration of a branch (representative office) with an assigned business identification number, or a reasoned order of refusal (on an interruption) shall be sent to management for signing.
The documents signed by the management shall be transferred by the executor to the office of the service provider. An employee of the service provider's office shall transfer documents to the State Corporation through a courier or send them to the service recipient through the portal.
Footnote. Paragraph 12 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).13. Upon admission of documents for the provision of public services in accordance with paragraph 5 of these Rules, an employee of the State Corporation shall accept and check the documents submitted by the service recipient and the accepted documents are sent to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the management (department) of registration of legal entities shall determine the executor within 20 minutes and transfer it to him/her for execution.
The executor: shall check the submitted documents for the correctness of their preparation (execution) for compliance with the current legislation of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), draw up an order for the state re-registration of a legal entity, for the accounting re-registration of a branch (representative office), enter information into the National Register; draw up a certificate of state re-registration of a legal entity, on accounting re-registration of a branch (representative office) with an assigned business identification number, draw up a file containing one copy of constituent and other documents after filing the case (affixing the appropriate stamps confirming the assignment of a BIN).
After consideration by the executor, a certificate of state re-registration of a legal entity, of accounting re-registration of a branch (representative office) with an assigned business identification number, or a reasoned order of refusal (on an interruption) shall be sent to management for signing.
The documents signed by the management shall be transferred by the executor to the issuing department of the State Corporation.
Footnote. Paragraph 13 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).14. In the State Corporation, the issuance of ready-made documents shall be carried out upon presentation by the service recipient of an identity card or an electronic document from the digital document service (for identification) (or his/her representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which indicates the corresponding powers of the representative).
15. In the case of submitting documents on the portal - "to personal account", a notification about the state re-registration of legal entities for small and medium-sized businesses or a reasoned response from the service provider about the refusal (about interruption) in the provision of public services is sent in the form of an electronic document, certified by the service provider’s digital signature.
Footnote. Paragraph 15 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).16. In cases of submission of an incomplete package of documents, the presence of shortcomings in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by the legislative acts of the Republic of Kazakhstan, the period of state (record) registration shall be interrupted until the identified shortcomings are eliminated or until the corresponding conclusion (expertise).
If grounds are identified for interrupting the period for providing public service, the service provider shall interrupt the period for providing the public service for no more than one month, indicating the reasons, and transfer the documents to the State Corporation.
The decision to interrupt state registration shall be made by the service provider from the moment of receipt of documents for state registration until the moment the document is issued, but no later than the expiration of the service provision period.
After eliminating the comments specified in the interruption order, the service recipient shall re-send the documents to the service provider through the State Corporation.
If within one month the circumstances that were the grounds for the interruption in registration by the service recipient are not eliminated, then a reasoned order shall be issued to refuse to provide the public service no later than three working days before the end of the interruption.
Footnote. Paragraph 16 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).17. If there are grounds for refusal of state re-registration of a legal entity, accounting re-registration of a branch (representative office), the service provider, within the time limits provided for in Article 11 of the Law, shall issue in writing a reasoned order to refuse to provide public service, on the grounds specified in paragraph 9 of the List.
When a decision is made to refuse to provide public service, the service provider, within one day, shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place of the hearing for the opportunity to express the service recipient’s position on the preliminary decision.
Notice of the hearing shall be sent at least three working days before the end of the period for providing the public service.
The service recipient's objection to the preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a reasoned refusal to provide public service.
For public services for which a period of less than three days is established for provision, a hearing shall not be held.
18. The service provider shall ensure that data is entered into the information system for monitoring the provision of public services about the stage of provision of public services in the manner established by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.
19. In the event of a failure of the information system of the SDB of a legal entity, the service provider shall immediately notify the operator of the information and communication infrastructure of the "electronic government" (hereinafter referred to as the Operator).
In this case, the operator shall take measures to determine the cause of the information system failure and, within 1 (one) working day, draw up a protocol (act) about the technical problem and sign it with the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials regarding the provision of public services
20. A complaint about decisions, actions (inaction) of the service provider and (or) their employees regarding the provision of public services shall be submitted to the head of the service provider.
A complaint from a service recipient received by a service provider directly providing public service, in accordance with paragraph 2) of Article 25 of the Law on Public Services, is subject to consideration within five working days from the date of its registration.
A complaint from a service recipient received by the authorized body for assessing and monitoring the quality of public services is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the appeal procedure may be obtained by calling the unified contact center for issues related to the provision of public services.
21. Consideration of the complaint shall be carried out by the authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and accounting registration of branches and representative offices, the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider whose decision, action (inaction) is being appealed.
The service provider, whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is being appealed, shall be entitled not to send the complaint to the body considering the complaint if, within three working days, it takes a decision or other administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after appealing through the pre-trial process.
Annex 1 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
Application for state (accounting) re-registration
of a legal entity, branch (representative office)
1. Form of organization (indicate x in the appropriate cell)
1) legal entity __________ 2) branch _________ 3) representative office __________________________
2. Name of the legal entity, branch (representative office) ______________________________________
3. Business Identification Number (BIN) ____________________________________________________
4. Grounds for re-registration (indicate x in the appropriate cell):
1) change of name ___________________
2) reduction in the size of the authorized capital _______
3) change in the composition of participants in a business partnership (except for limited
liability partnerships, in which the register of participants is maintained by the central
depository) __________________________________________________________
5. Location legal entity, branch (representative office)
Registration address code: ___________________
Postal code: ___________
Region: __________________________________
City, district, area in the city: _______________
Settlement (village, town): ___________________
Street, micro-district, block, lane, avenue: ________
House number __________, apartment, room: ____
Telephone (fax) number: _____________________
6. Last name, first name, patronymic (if any) of the manager (indicating ID card details and IIN)
7. Composition and number of founders (indicate x in the appropriate cell, number in the digital designation):
1) legal entity ______ 2) individual ________
Name of legal entity ____________________________________ (indicating BIN)
Share in the charter capital % _________ Deposit amount (thousand tenge) _____________
Last name, first name, patronymic (if any). individual ________________________________________
(indicating the details of the identity card and IIN)
Share in the authorized capital % ___________ Amount of contribution (thousand tenge) ____________
If the founders have more than one piece of information about them:
Last name, first name, patronymic (if any) indicating the details of the identity
card and IIN (for an individual), the name indicating the BIN (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.
8. Information about the beneficial owner(s): citizenship, Last name, first name, patronymic
(if any), details of the identification document, IIN (if any), the share of participation
in the authorized capital of a legal entity or the amount of outstanding shares
owned by the beneficial owner_______________________
9. Indicate the code of the main type of economic activity:_________________________
10. Amount of authorized capital_____________________________________________
11. Expected (approximate) number of employed people_________________
12. The grounds for re-registration of a legal entity arose as a result
of reorganization (indicate x in the appropriate cell):
1. yes _______ 2. no ________
13. In case of a merger, the following information shall be indicated:
Names of the merged legal entities ________________________________
Business identification number (BIN) ______________________________
14. Private business entity (indicate x in the appropriate cell):
1. small business entity _________2. medium-sized business entity ________
3. large business entity ________
I hereby agree to the use of information constituting a legally protected
secret contained in information systems
The following is attached to the application: ____________________________________
___________________________________________________________________
"____" ______________ 20 ___ (signature)
Last name, first name, patronymic (if any) and the applicant’s signature
Note:
BIN – business identification number
IIN - individual identification number
VAT - value-added tax
The beneficial owner is an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (minus preferred and purchased by the company) shares of a client - a legal entity or a foreign structure without forming a legal entity, exercising control over the client in any other way, in whose interests the client carries out transactions with money and (or) other property.
Annex 2 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
Application for state re-registration
of business partnerships carrying out their activities on the basis of a standard charter
1. Name of the legal entity _____________________________________________
2. Organizational and legal form of the legal entity (indicate x in the appropriate cell):
1) general partnership _________________
2) limited partnership _________________
3) limited liability partnership __________
4) additional liability partnership ________
3. Business identification number (BIN) __________________
4. Grounds for re-registration of a business partnership (indicate x in the appropriate cell):
1) change of name ____________________
2) reduction in the size of the authorized capital _________________________________
3) change in the composition of participants of the business partnership (except for limited
liability partnerships, in which the register of participants is maintained by the central depository) _______________
5. Location of the legal entity persons
Registration address code: __________________
Postal code: _____________________________
Region: ________________________________
City, district, area in the city: _____________________________________
Locality (village, town): _________________________________________
Street, micro-district, block, lane, avenue: ___________________________
House number ______________, apartment, room: ____________________
Telephone (fax) number: ___________________
6. Last name, first name, patronymic (if any) manager __________________
_____________________________________________________________________
(indicating the details of the identity card and IIN)
7. Information about the beneficial owner(s): citizenship, Last name, first name,
patronymic (if any), details of the identity document, IIN (if any), the share of participation
in the authorized capital of a legal entity or the number of outstanding shares owned
by the beneficial owner
_________________________________________________________________
8. Indicate the code of the main type of economic activity: __________________
9. Amount of the authorized capital _____________________________________________
10. Composition and number of founders (indicate x in the appropriate cell, number in digital designation):
1) legal entity _________ 2) individual _________
11. Indicate information about the founders of the legal entity (except for limited liability partnerships,
in which a register of participants is maintained by the central depository)
Name of the legal entity ______________________________________________
(indicating the BIN) Share in the authorized capital % ___________ Deposit amount (thousand tenge) _____________
Last name, first name, patronymic (if any). individual __________________________________
(indicating the details of the identity card and IIN)
Share in the authorized capital % _________ Amount of contribution (thousand tenge) _______________
If the founders have more than one piece of information about them: Last name, first name, patronymic
(if any) indicating the details of the identity card and IIN, an analogue of the tax registration number,
or country code (for an individual), name indicating the BIN, an analogue of the tax registration number,
or the 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.
12. Expected (approximate) number of employed people _____________________
13. In case of formation of a supervisory board, indicate the exclusive
competence:_______________________________________________________________________________
14. Indicate the term of the audit commission (sole auditor) _____________________
15. Private business entity (indicate x in the appropriate cell):
1) small business entity ___________________________________
2) medium-sized business entity ____________________________
3) large business entity ___________________________________
16. The grounds for re-registration arose as a result of reorganization (indicate x in the appropriate cell):
1) yes __________________________________
2) no ___________________________________
17. In case of a merger, it is necessary to indicate the following information:
Names of the merged legal entities _______________________________________________
__________________________________________________________________
Business Identification Number (BIN) _______________________
I hereby agree to the use of information constituting a legally protected secret contained
in information systems ________________________________
The following is attached to the application:______________________________________
_________________________________________________________________________
___________________ "____" _____________ 20 ____ (signature)
Last name, first name, patronymic (if any) and the signatures of the founders (in the case when
the register of participants is maintained by the central depository - the signature of the person authorized
by the minutes of the general meeting of the founders (decision of the participant).
The authenticity of the signature(s) shall be notarized.
Note:
BIN – business identification number
IIN - individual identification number
VAT - value-added tax
The beneficial owner is an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (minus preferred and purchased by the company) shares of a client - a legal entity or a foreign structure without forming a legal entity, exercising control over the client in any other way, in whose interests the client carries out transactions with money and (or) other property.
Annex 3 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
Application for state re-registration of a joint-stock company operating
on the basis of a standard charter
1. Name of the joint stock company ___________________________________________
________________________________________________________________________
2. Business Identification Number (BIN) _______________________________________
3. Grounds for re-registration of the joint-stock company (indicate x in the appropriate cell):
1) change of name _________________________________________________________
2) reduction of the authorized capital __________________________________________
4. Location of the joint-stock company
Postal code: _____________________________
Region: ________________________________
City, district, area in the city: _____________________________________________
Locality (village, town): ___________________________________________________
Street, micro-district, block, lane, avenue: ______________________________________
House number _________________, apartment, room: ___________________________
Telephone (fax) number: ___________________________________________________
5. Last name, first name, patronymic (if any) of the manager _______________________
(indicating ID card details and IIN)
6. Indicate the code of the main type of economic activity: _________________________
7. Information about the beneficial owner(s): citizenship, Last name, first name, patronymic
(if any), details of the identification document, IIN (if any), share of participation in the authorized
capital of a legal entity or the amount of outstanding shares owned by the beneficial
owner____________________________________________________________________
8. Amount of authorized capital _______________________________________________
9. Composition and number of founders (indicate x in the appropriate cell, the number in digital designation):
1) legal entity ______________
2) individual _______________
10. Indicate the guaranteed amount of dividend on preferred shares:__________________
_______________________________________________________________________
(in fixed terms or with indexing relative to any indicator, subject to the regularity and availability of its values)
11. Indicate the frequency of payment of dividends on preferred shares:________________
___________________________________________________________________
12. Indicate the media used to publish information subject to mandatory publication
_________________________________________________________________________
13. Number of members of the board of directors of the company ____________________
The requirements of paragraph 37 of the model charter shall apply to financial organizations.
14. Number of members of the company's board __________________________________
15. Expected (approximate) number of employed people ____________________________
16. Private business entity (indicate x in the appropriate cell):
1) medium-sized business entity ________________________
2) large business entity ________________________
17. The grounds for the re-registration of the joint stock company arose as a result
of the reorganization (indicate x in the appropriate cell):
1) yes _____________________
2) no ______________________
18. In case of a merger, the following information shall be provided:
Names of the merged legal entities ____________________
Business identification number (BIN) ______________________
I hereby agree to the use of information, constituting a secret protected by law, contained in information systems
The following is attached to the application: _____________________________________________ "___"________20 ____ (signature)
Last name, first name, patronymic (if any) and signature of the manager The authenticity of the signature shall be certified by a notary.
Note:
BIN – business identification number
IIN - individual identification number
VAT - value-added tax
The beneficial owner is an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (minus preferred and purchased by the company) shares of a client - a legal entity or a foreign structure without forming a legal entity, exercising control over the client in any other way, in whose interests the client carries out transactions with money and (or) other property.
Annex 4 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
Application for state re-registration of a production
cooperative operating on the basis of a standard charter
1. Name of the production cooperative _________________________
________________________________________________________
2. Changing the name of the production cooperative to ____________
3. Business identification number (BIN) ________________________
4. Location of the legal entity
Postal code: _________________
Region: ____________________
City, district, area in the city: ____________________________
Locality (village, town): __________________________________
Street, micro-district, block, lane, avenue: _____________________
House number _______________ apartment, room: _____________________
telephone (fax) number: __________________________________________
5. Last name, first name, patronymic (if any) of the manager ___________________
_______________________________________________________________
(indicating ID card details and IIN)
6. Indicate the code of the main type of economic activity: ________________
7. Information about the beneficial owner(s): citizenship,
Last name, first name, patronymic (if any), details of the identity document, IIN (if any),
share of participation in the authorized capital of a legal entity or the number of outstanding shares owned by the beneficial
owner_________________________________________________
________________________________________________________________________________
8. Amount of capital ________________________________________________
9. Composition and number of founders (indicate x in the appropriate cell, number in digital designation):
1) legal entity _____________
2) individual ______________
10. Information about the founders of the legal entity
Last name, first name, patronymic (if any) of the individual _____________________________ IIN,
an analogue of the tax registration number, or country code (for a foreign individual) _____________________
Share size % ___________ Property contribution ______________________Last name, first name,
patronymic (if any) of the individual ____________________________IIN, an analogue
of the tax registration number, or country code (for a foreign individual) ________________________
Share size % _________ Property contribution ______If the founders have more than one piece
of information about them: Last name, first name, patronymic ID card details, IIN, an analogue of tax
registration number, or country code, as well as property contribution, information on the size of the share
are The following is attached to the application on a separate sheet.
11. Procedure, methods and terms for making property contributions by members of the cooperative
___________________________________________________________________________________
12. Composition of the audit commission _________________________________
13. Deadline for election of the audit commission ___________________________
14. Expected (approximate) number of employed people _____________
15. Relationships between the cooperative and its members, executive body and labor collective:
_____________________________________________________________________________
16. Private business entity (indicate x in the appropriate cell):
1) small business entity _____________________________
2) medium-sized business entity ______________________
3) large business entity _____________________________
17. The grounds for the re-registration of the production cooperative arose as a result of reorganization (indicate x in the appropriate cell):
1) yes _______ 2) no ________
18. In case of a merger, the following information shall be provided:
Names of the merged legal entities _________________________
Business identification number (BIN) ____________________________
I hereby agree to the use of information constituting a secret protected by law contained in the information systems _________
The following is The following is attached to the application: _______________________________________________
____________________________________________________ "____" ________ 20 ____ (signature)
Last name, first name, patronymic (if any) and signatures of the chairman of the board (chairman) of the cooperative.
The authenticity of the signature(s) shall be notarized.
Note:
BIN – business identification number
IIN - individual identification number
VAT - value-added tax
The beneficial owner is an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (minus preferred and purchased by the company) shares of a client - a legal entity or a foreign structure without forming a legal entity, exercising control over the client in any other way, in whose interests the client carries out transactions with money and (or) other property.
Annex 5 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
List of basic requirements for the delivery of the state service
“State Re-Registration of Legal Entities, Record Re-Registration of their Branches and Representative Offices”
Footnote. Appendix 5 - as revised by order of the Minister of Justice of the Republic of Kazakhstan № 501 of 11.06.2024 (shall come into force on 08.06.2024).
Name of the state service | ||
1 | Name of the service provider | Ministry of Justice (hereinafter referred to as the Ministry), territorial bodies of justice, State Corporation. |
2 | Methods of rendering the state service |
1. Change of name - State Corporation, e-government web portal; |
3 | Timeframe for rendering the state service |
to the State Corporation: State re-registration of legal entities related to entities of private entrepreneurship, record re-registration of their branches (representative offices), excluding joint-stock companies, their branches (representative offices), shall be performed within 1 working day from the moment of application submission. State re-registration of legal entities that do not belong to the entities of private entrepreneurship, as well as joint-stock companies operating under a charter that is not a standard one, save for political parties, record re-registration of their branches (representative offices), as well as branches (representative offices) of foreign non-profit entities shall be performed not later than 5 working days following the day of filing an application with the required documents attached. |
4 | Form of rendering a state service |
State re-registration of legal entities, record re-registration of their branches and representative offices: |
5 | Result of rendering a state service |
Certificate of state re-registration of a legal entity, as per Appendix 7 hereto, as well as a certificate of record re-registration of a branch (representative office) of a legal entity, as per Appendix 8 hereto (hereinafter - certificate), or in writing a reasoned refusal to render a state service in cases and on the grounds envisaged by paragraph 9 of the List hereto. |
6 | The amount of payment charged from the service recipient when rendering a state service and methods of its collection in cases envisaged by the legislation of the Republic of Kazakhstan |
There shall be a registration fee for the delivery of the state service of re-registration of non-commercial organisations and their branches and representative offices. The amount of the registration fee shall be estimated at the rates established by the Code of the Republic of Kazakhstan ‘On Taxes and Other Mandatory Payments to the Budget (Tax Code)’ (hereinafter - the Tax Code) as per Appendix 9 to these Rules of Basic Requirements for the Delivery of Public Service and shall be paid prior to the filing of the relevant documents at the place of registration of the taxable entity. |
7 | Work schedule of the service provider, the State Corporation and information objects |
1. The Ministry and its territorial bodies of justice - from Monday to Friday inclusive from 9.00 a.m. to 6.30 p.m., with a lunch break from 1.00 p.m. to 2.30 p.m., excluding for weekends and public holidays under the Labour Code of the Republic of Kazakhstan; |
8 | List of documents and details required from the service recipient for rendering the state service |
To the State Corporation: |
9 | Grounds for refusal to grant a state service, established by the laws of the Republic of Kazakhstan |
1. Breaking the procedure of creation, re-registration and reorganisation of a legal entity established by the legislative acts of the Republic of Kazakhstan, inconsistency of constituent documents with the law of the Republic of Kazakhstan; |
10 | Other requirements with regard to the specifics of rendering a state service, including those rendered in electronic form and via the State Corporation |
Service recipients who, pursuant to the procedure established by law, suffered a complete or partial loss of the ability or opportunity to perform self-care, to move independently, to orientate themselves, the documents for the delivery of state services shall be accepted by an employee of the State Corporation with a visit to the place of their residence by applying via the Unified Contact Centre ‘1414’, 8 800 080 7777. |
Annex 6 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
(Last name, first name, patronymic (if any), or name of the organization
service recipient)
_________________________________ (address of service recipient)
Receipt for refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law on Public Services, department № ____ of the branch of the State Corporation (indicate the address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the list of basic requirements for the provision of public services) due to your submission of an incomplete package of documents according to the list provided for by the list of basic requirements for the provision of public services, namely:
Name of missing documents:
1._______________________________________;
2._______________________________________;
3._______________________________________;
This receipt is made in 2 copies, one for each party. Last name, first name, patronymic (if any) (employee of the State Corporation) (signature) Executor: Last name, first name, patronymic (if any) _____________ Telephone number __________
Received by: Last name, first name, patronymic (if any) /__________/ signature of the service recipient
"___" _________ 20____
Annex 7 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
Registration authority_________
Certificate of state re-registration of a legal entity_________________________________ business identification number
"__ _" _________20___
Name:_____________________________________________________
__________________________________________________________
Location: __________________________________________________
Head: _____________________________________________________
Founders (participants): _______________________________________
Carries out activities based on a standard charter.
The certificate is a document confirming the state re-registration of a legal
entity, in accordance with the legislation of the Republic of Kazakhstan
Head of the registration authority ____________ _________________
(Signature) (Last name, first name, patronymic (if any)
Place of seal
Date of issue
Annex 8 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Form
Registration authority_________
Certificate of accounting re-registration of a branch (representative office) of a legal entity _________________________________ business identification number
"___"_______20___
Locality
Name of the branch (representative office) of the legal entity: __________________
____________________________________________________________________
Name of the legal entity: ________________________________________________
Location of the branch (representative office) of the legal entity: ________________
_____________________________________________________________________
The certificate is a document confirming the accounting re-registration of the branch
(representative office), in accordance with the legislation of the Republic of Kazakhstan
Head of the registration authority ____________ ____________________________
(Signature) (Last name, first name, patronymic (if any)
Place of seal Date of issue
Annex 9 to the State Service Rules "State re-registration of legal entities, accounting re-registration of their branches and representative offices" |
Fee rates are calculated based on the monthly calculation indicator established for the corresponding financial year by the law on the republican budget (hereinafter referred to as the MCI) and are:
№ | 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, except for commercial organizations: | |
1.1) | legal entities, their branches and representative offices | 6.5 |
1.2) | 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, state-owned enterprises, cooperatives of owners of premises (apartments) and associations of property owners of an apartment building, accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1) | for state registration, registration of termination of activity, 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 persons with disabilities, registration (re-registration), deregistration of them branches and representative offices, branches of republican and regional national-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 activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
Approved by Order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2020 № 66 |
|
"On approval of the Rules for the provision of public services in the field of state registration of legal entities and registration of branches and representative offices" |
The Rules for the provision of public services "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices)"
Footnote. Rules - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated September 30, 2022 № 821 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. The Rules for the provision of the public service "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices)" (hereinafter referred to as the Rules) have been developed in accordance with the Law on public services and shall determine the procedure for providing the public service "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices)" (hereinafter referred to as Public service).
2. The Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry), territorial bodies of justice and the State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) (hereinafter referred to as the service Provider) shall carry out state registration of amendments and additions to the constituent documents of a legal entity not related to for a private business entity, as well as a joint-stock company, regulations on their branches (representative offices).
3. State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, provisions on their branches (representative offices) of public and religious associations with republican and regional status, including political parties, the Republican the Chamber of Notaries, the Republican College of Lawyers, the Republican Chamber of Private Bailiffs, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the Chamber of Forensic Experts of the Republic of Kazakhstan, the Arbitration Chamber of Kazakhstan, the Republican College of Legal Consultants, branches and representative offices of foreign and international non-profit non-governmental associations shall be carried out by the Ministry.
4. State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices) of public and religious associations with local status, funds and associations of legal entities, branches and representative offices public and religious associations, shall be carried out by territorial justice authorities.
5. State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices) related to commercial organizations and accounting re-registration of their branches and representative offices shall be carried out by the State Corporation.
6. State registration of amendments and additions to the constituent documents of a legal entity, except for political parties and religious associations, shall be carried out on the basis of an electronic application submitted through the "electronic government" web portal, as well as other informatization objects, in the manner determined by the Ministry in accordance with Article 14-1 of the Law.
Chapter 2. Procedure for providing public services
7. To receive public service, individuals and (or) legal entities (hereinafter referred to as the service recipient) shall submit an application in the form in accordance with Annexes 1 and 2 to these Rules (hereinafter referred to as the Application) and a package of documents according to the list provided in the List of basic requirements for the provision of public services "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices)" in accordance with Annex 3 to these Rules (hereinafter referred to as the List) in the State Corporation or on the web - "electronic government" portal: www.egov.kz (hereinafter referred to as the Portal).
8. The list of basic requirements for the provision of public services, including characteristics of the process, form, content and result of the provision, as well as other information taking into account the specifics of the provision of public services, shall be given in the List.
9. The application shall be accompanied by a decision or an extract from the decision of the authorized body of a legal entity on making amendments and additions to the constituent documents, as well as the text of the amendments and additions made to the constituent documents of a legal entity that is not a private business entity, as well as a joint-stock company, regulations on their branches (representative offices), sealed with the seal of a legal entity (if any), except for filing an electronic application.
10. State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint-stock company, regulations on their branches (representative offices) shall be carried out in cases of change of location, adoption of the charter (regulations) in a new edition.
11. The portal shall provide a notification procedure for changing and supplementing registration and other information of a legal entity, or branch (representative office).
12. Amendments and additions to the registration data of a legal entity, branch (representative office) shall be made in case of:
1) change of location of a legal entity belonging to a private business entity, branch (representative office), excluding a joint-stock company, branch (representative office);
2) change of the head (appointment of the head, appointment of the acting head, appointment of the manager of the property and activities of the legal entity, dismissal of the head);
3) introducing amendments and additions to constituent documents, excluding the requirements envisaged by Article 14-1 of this Law;
4) transfer of a share of the authorised capital into trust management;
5) increase of the authorised capital of economic partnerships;
6) change of the main type of economic activities;
7) change in the composition of founders (participants, members) of non-commercial organisations, excluding political parties.
8) change of the beneficial owner of a legal entity.
Footnote. Paragraph 12 - as revised by order of the Minister of Justice of RK № 501 of 11.06.2024 (shall enter into force on 08.06.2024).13. Amendments and additions to the registration data of a legal entity, branch (representative office) mentioned in sub-paragraphs 1), 2), 4), 5), 6), 7) and 8) of paragraph one of Article 14-2 of the Law shall be made automatically based on electronic notification.
Footnote. Paragraph 13 - as revised by order of the Minister of Justice of the Republic of Kazakhstan № 501 of 11.06.2024 (shall be effective on 08.06.2024).14. Amendments and additions to the registration data of a legal entity, branch (representative office), specified in subparagraphs 1), 3), 4) and 5) of part one of Article 14-2 of the Law, shall be made based on an electronic notification with the attachment provided for in Article 14-2 Law of documents.
15. A change in the location of a legal entity belonging to a private business entity, branch (representative office), except for a joint-stock company, branch (representative office), shall be carried out with the consent of the owner of real estate through an electronic digital signature.
16. The exceptions are cases of changing the names of settlements and street names in accordance with the requirements of the Law of the Republic of Kazakhstan "On the administrative-territorial structure of the Republic of Kazakhstan".
17. When transferring a share of the authorized capital into trust management, a notarized trust management agreement shall be additionally presented.
18. When changing the composition of the founders (participants, members) of non-profit organizations, a list of founders (participants, members) of the non-profit organization shall be additionally provided, indicating the last name, first name, patronymic (if it is indicated in the identity document), date, month, year of birth, individual identification number, place of residence, contact telephone number, personal signature.
19. Legal entities, and branches (representative offices) shall notify the registration authority of amendments and additions to the constituent documents specified in part one of Article 14-2 of the Law within one month from the date of the decision to make amendments and additions to the constituent documents.
20. Amendments and additions to the registration and other information of a legal entity, or branch (representative office) shall be made within three working days from the date of submission of the electronic notification.
21. The presence of judicial acts, decisions (bans, arrests) of bailiffs and law enforcement agencies, as well as cases provided for in subparagraphs 3), 4), 4-1) and 5) of part one of Article 11 of the Law, shall be the grounds for leaving an electronic notification without execution with notification of this to the applicant.
22. Responsibility for the completeness and accuracy of the entered information lies with the legal entity, branch (representative office).
23. When accepting documents, the employee of the service provider shall check the identity document or electronic document from the digital document service (for identification) (in the case of an application through the State Corporation) of the service recipient with the information contained in state information systems and then return it to the service recipient.
24. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider shall refuse to accept the application with the issuance of a receipt in the form in accordance with Annex 4 to these Rules.
25. Upon presentation by the service provider of a complete package of documents, the service recipient shall be issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
26. Upon receipt of documents for the provision of public services in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider’s office shall receive documents according to the register and send them to the department of registration of legal entities.
The head of the management (department) of registration of legal entities shall determine the executor within 20 minutes and transfer it to him/her for execution.
Executor: shall check the submitted documents for the correctness of their preparation (execution) for compliance with the current legislation of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), draw up an order for state registration to make amendments and additions to the constituent documents, enter information into the National Register, draw up a certificate of state registration (re-registration) of a legal entity, on the accounting registration (re-registration) of a branch (representative office) with an assigned business identification number, draw up a file containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the assignment of a BIN).
After consideration by the executor, a certificate of state registration (re-registration) of a legal entity, a certificate of registration (re-registration) of a branch (representative office) with an assigned business identification number, or a reasoned order of refusal (on an interruption) shall be sent to management for signing. The documents signed by the management are transferred by the executor to the office of the service provider or sent to the service recipient via the portal. An employee of the service provider's office shall transfer documents to the State Corporation through a courier.
Footnote. Paragraph 26 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).27. Upon receipt of documents for the provision of public services in accordance with paragraph 5 of these Rules to the State Corporation, an employee of the State Corporation shall accept and check the documents submitted by the service recipient and the accepted documents shall be sent to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the management (department) of registration of legal entities shall determine the executor within 20 minutes and transfer it to him/her for execution.
The executor: shall check the submitted documents for the correctness of their preparation (execution) for compliance with the current legislation of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), draw up an order for state registration to make amendments and additions to the constituent documents, enter information into the National Register; draw up a certificate of state registration (re-registration) of a legal entity, record registration (re-registration) of a branch (representative office) with an assigned business identification number, draw up a file containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the assignment of a BIN).
After consideration by the executor, a certificate of state registration (re-registration) of a legal entity, a certificate of registration (re-registration) of a branch (representative office) with an assigned business identification number, or a reasoned order of refusal (on an interruption) shall be sent to management for signing. The documents signed by the management shall be transferred by the executor to the issuing department of the State Corporation.
Footnote. Paragraph 27 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).28. In the State Corporation, the issuance of ready-made documents shall be carried out upon presentation by the service recipient of an identity card or an electronic document from the digital document service (for identification) (or his/her representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which indicates the corresponding powers of the representative).
29. In the case of submitting documents on the portal - "to personal account", a notification of state registration (re-registration) of legal entities for small and medium-sized businesses or a reasoned response from the service provider about the refusal (about interruption) in the provision of public services shall be sent in the form of an electronic document, certified with EDS of the service provider.
Footnote. Paragraph 29 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).30. In cases of submission of an incomplete package of documents, the presence of shortcomings in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by the legislative acts of the Republic of Kazakhstan, the period of state (record) registration shall be interrupted until the identified shortcomings are eliminated or until the corresponding conclusion (expertise).
If grounds are identified for interrupting the period for providing public service, the service provider shall interrupt the period for providing the public service for no more than one month, indicating the reasons, and transfer the documents to the State Corporation.
The decision to interrupt state registration shall be made by the service provider from the moment of receipt of documents for state registration until the moment the document is issued, but no later than the expiration of the service provision period.
After eliminating the comments specified in the interruption order, the service recipient shall re-send the documents to the service provider through the State Corporation.
If within one month the circumstances that were the grounds for the interruption in registration by the service recipient are not eliminated, then a reasoned order shall be issued to refuse to provide the public service no later than three working days before the end of the interruption.
Footnote. Paragraph 30 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).31. If there are grounds for refusing state registration of amendments and additions to the constituent documents of a legal entity that is not related to a private business entity, as well as a joint-stock company, the regulations on their branches (representative offices), the service provider shall within the time limits provided for in Article 14-1 of the Law, in writing issue him/her a reasoned order to refuse to provide public service, on the grounds specified in paragraph 9 of the List of basic requirements for the provision of public services.
When a decision is made to refuse to provide public service, the service provider shall, within one day, notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place of the hearing for the opportunity to express the service recipient’s position on the preliminary decision.
Notice of the hearing shall be sent at least three working days before the end of the period for providing the public service.
The service recipient's objection to the preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a reasoned refusal to provide public service.
32. The service provider shall ensure that data is entered into the information system for monitoring the provision of public services about the stage of provision of public services in the manner established by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.
33. In the event of a failure of the information system of the SDB of a legal entity, the service provider shall immediately notify the operator of the information and communication infrastructure of the "electronic government" (hereinafter referred to as the Operator).
In this case, the operator shall take measures to determine the cause of the information system failure and, within 1 (one) working day, draw up a protocol (act) about the technical problem and sign it with the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials regarding the provision of public services
34. A complaint about decisions, actions (inaction) of the service provider and (or) their employees regarding the provision of public services shall be submitted to the head of the service provider.
A complaint from a service recipient received by a service provider directly providing public service, in accordance with paragraph 2) of Article 25 of the Law on Public Services, is subject to consideration within five working days from the date of its registration.
A complaint from a service recipient received by the authorized body for assessing and monitoring the quality of public services is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the appeal procedure may be obtained by calling the unified contact center for issues related to the provision of public services.
35. Consideration of the complaint shall be carried out by the authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and accounting registration of branches and representative offices, the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider whose decision, action (inaction) is being appealed.
The service provider, whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is being appealed, shall have the right not to send a complaint to the body considering the complaint if, within three working days, he/she makes decision or other administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after appealing through the pre-trial process.
Annex 1 to the State Service Rules "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint stock company, regulations on their branches (representative offices)" |
Form
Application for state (accounting) registration of
amendments and additions to the constituent documents of a legal entity, branch (representative office)
1. Form of organization (indicate x in the appropriate cell)
1) legal entity _______________ 2) branch __________________3) representative office ______________
2. Name of the legal entity, branch (representative office) ____________________
3. Business identification number (BIN) ___________________
4. Reasons for making amendments to the constituent documents of a legal entity (indicate x in the appropriate cell):
1) change of location _____________________________________
2) approval of the charter (regulations) in a new edition _________________
5. Location of the legal entity, branch (representative office)
Postal code: __________________________________
Region: ________________________
City, district, area in the city: ______________________________________
Locality (village, town): ________________________________
Street, micro-district, block, lane, avenue:__________________
House number _________, apartment, room: _________________________
telephone (fax) number: __________________________________________
6. Last name, first name, patronymic (if any) of the manager ___________________________________
______________________________________________________ _____________________________
(indicating ID card details and IIN)
7. Composition and number of founders (indicate x in the appropriate cell, number in digital designation):
1) legal entity _____________ 2) individual ______________
Name of the legal entity ___________________________________________________________
____________________________________ (indicating BIN)
Share in the authorized capital % ______________
Deposit amount (thousand tenge) ____
Last name, first name, patronymic (if any). individual_______________________________________
___________________________________________________________________
(indicating the details of the identity card and IIN)
Share in the authorized capital % _________ Amount of contribution (thousand tenge) _____If the founders
have more than one piece of information about them: Last name, first name, patronymic (if any) indicating
the details of the identity card and IIN (for an individual), name indicating BIN (for a legal entity), as well
as their share in the authorized capital in percentage and monetary terms are The following is attached
to the application on a separate sheet.
8. Information about the beneficial owner(s): citizenship, Last name, first name, patronymic, identification
document details, IIN (if any), share in the authorized capital of a legal entity or the size of outstanding
shares owned by the beneficial owner _____________
9. Indicate the code of the main type of economic activity: ______________
10. The size of the authorized capital _______________________________________
11. The expected (approximate) number of employed people ______________
12. The grounds for the change arose as a result of the reorganization (indicate x in the appropriate cell):
1) yes _______ 2) no ________
13. In case of a merger, the following information shall be indicated:
Names of the merged legal entities _____________________
Business identification number (BIN) ____________________________
14. Private business entity (indicate x in the appropriate cell):
1) medium-sized enterprise _________
2) large business enterprise _________
I hereby agree to the use of information constituting a secret protected by law contained in information systems __________
The following is attached to the application:______________________________
________________________________________________ "__" ____ 20 __ (signature) __________________
Last name, first name, patronymic (if any) and signature of the applicant
Note:
BIN – business identification number
IIN - individual identification number
VAT - value-added tax
The beneficial owner is an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (minus preferred and purchased by the company) shares of a client - a legal entity or a foreign structure without forming a legal entity, exercising control over the client in any other way, in whose interests the client carries out transactions with money and (or) other property.
Annex 2 to the State Service Rules "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint stock company, regulations on their branches (representative offices)" |
Form
Application for state registration with amendments
and additions of a joint-stock company operating based on a standard charter
1. Name of the registered joint stock company_______________________
____________________________________________________________
2. Participation in the composition of foreign investors (indicate x in the appropriate cell):
1) yes _________________2) no ____________________
3. The legal entity is a subsidiary organization (indicate x in the appropriate cell):
1) yes _____________________2) no ____________________
4. Grounds for making amendments to the constituent documents (indicate x in the appropriate cell):
1) change of location ___________________________________________
5. Location of the joint stock company Postal code: ___________________
Region: ________________
City, district, area in the city: _____________________________________
Settlement (village, town): _______________________________________
Street, micro-district, block, lane, avenue: ___________________________
House number ________________, apartment, room:__________________
telephone (fax) number: __________________________________________
6. Last name, first name, patronymic of the manager ____________________
______________________________________(indicating ID card details and IIN)
7. Indicate the code of the main type of economic activity: ______________
8. Amount of authorized capital ___________________________________
9. Composition and number of founders (indicate x in the appropriate cell, number in digital designation):
1) legal entity _____________2) individual_______________
10. Information about the beneficial owner(s): citizenship,
Last name, first name, patronymic, data identification document, IIN (if any), the share
of participation in the authorized capital of a legal entity or the size
of placed shares owned by the beneficial owner ________________________________
11. Indicate the guaranteed amount of dividend on a preferred share:
____________________________________________________________________
_______________________________________________ (in fixed terms or with
indexation relative to any indicator provided that its meanings are regular and publicly available)
12. Specify the frequency of payment of dividends on preferred shares:
____________________________________________________________________
13. Indicate the media used for the publication of information subject to mandatory
publication, determined by the authorized body________________________________
14. Number of members of the board of directors of the company ________________
_________________________________________________________________ the requirements
of paragraph 37 of the model charter apply to financial organizations.
15. Number of board members of the company _______________________
16. Expected (approximate) number of employed people _______________
17. Private business entity (indicate x in the appropriate cell):
1) medium-sized enterprise ______ 2) large enterprise ______
18. The creation of a legal entity is preceded by reorganization (indicate x in the appropriate cell):
1) transformation ____________________
2) merger___________________________
3) spin-off________________________
4) separation________________________
5) joining __________________________
19. Number of legal entities participating in the reorganization _____
20. In case of transformation, the following information shall be provided:
Previous name of the legal entity _____________________________
Business Identification Number (BIN) _________________________
21. In the case of a merger, the following information shall be provided:
Names of the legal entities participating in the merger ____________
Business Identification Number (BIN) ________________________
22. In the case of a spinoff, the following information shall be provided:
The name of the existing legal entity from which the new legal entity is separated
____________ ___________________________________________
Business Identification Number (BIN) ________________________
23. In case of division, the following information shall be indicated:
Name of the legal entity based on which the legal entities were created
_________________________________________________________________________________
Business Identification Number (BIN) _________________________
I hereby agree to the use of information constituting a legally protected secret contained in the information systems __________
The following is attached to the application: __________________________
_________________________________________________________________________
"__" ____ 20 __ ________________ signature)
Last name, first name, patronymic (if any) and signature of the manager
The authenticity of the signature shall be certified by a notary.
Note:
BIN – business identification number
IIN - individual identification number
VAT - value-added tax
The beneficial owner is an individual who directly or indirectly owns more than twenty-five percent of the shares in the authorized capital or placed (minus preferred and purchased by the company) shares of a client - a legal entity or a foreign structure without forming a legal entity, exercising control over the client in any other way, in whose interests the client carries out transactions with money and (or) other property.
Annex 3 to the State Service Rules "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint stock company, regulations on their branches (representative offices)" |
Footnote. Appendix 3 - as revised by order of the Minister of Justice of the Republic of Kazakhstan № 501 of 11.06.2024 (shall take effect on 08.06.2024).
List of key requirements for rendering a state service | ||
1 | Name of the service provider | Ministry of Justice (hereinafter referred to as the Ministry), territorial bodies of justice, State Corporation. |
2 | Methods of rendering the state service |
1. In case of change of location - State Corporation, e-Government web portal; |
3 | Term of rendering the state service |
In case of change of location; |
4 |
Form of rendering a state service |
State registration of amendments and additions made to the constituent documents of a legal entity other than a private business entity, as well as a joint-stock company, regulations on their branches (representative offices): |
5 | Result of rendering of the state service |
certificate of state registration (re-registration) of a legal entity pursuant to Appendices 1 and 2 to this List of Basic Requirements for Rendering a State Service, or Refusal to Render a State Service in the cases and on the grounds mentioned in paragraph 9 of this List. |
6 | The amount of the fee charged from the service recipient when rendering a state service, and the ways of its receipt in cases envisaged by the legislation of the Republic of Kazakhstan | Free of charge |
7 |
Work schedule of the service provider, the State Corporation and information objects |
1. The Ministry and its territorial bodies of justice - from Monday to Friday inclusive from 9.00 a.m. to 6.30 p.m. with a lunch break from 1.00 p.m. to 2.30 p.m., excluding weekends and public holidays, under the Labour Code of the Republic of Kazakhstan. |
8 |
List of documents and information required from the service recipient for rendering the state service |
To the State Corporation: application in the form as per Appendices 1 and 2 hereto; Service Providers shall get digital documents via the mobile subscriber number of the user registered on the e-government web portal, if the owner of the documents concerned consents, via realised integration by providing a one-time password from the digital document service or by sending a short text message in response to the notification of the e-government web portal. |
9 |
Grounds for refusal to render a state service established by the laws of the Republic of Kazakhstan |
1. infringement of the procedure for introducing amendments and additions to the constituent documents of a legal entity, regulations on the branch (representative office), failure to file constituent documents (regulations) established by legislative acts of the Republic of Kazakhstan, as well as Article 24 of the Law of the Republic of Kazakhstan “On Non-Commercial Organisations”; |
10 |
Other requirements with due regard to the specifics of rendering a state service, including those rendered in electronic form and via the state corporation |
Service recipients who are legally incapable due to full or partial loss of the ability to self-service, independent movement and orientation, shall have their documents accepted by an employee of the State Corporation with a visit to their place of residence by applying via the Unified Contact Centre "1414", 8 800 080 777. |
Annex 4 to the State Service Rules "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint stock company, regulations on their branches (representative offices)" |
Form
Receipt of refusal to accept an application
Guided by paragraph 2 of Article 20 of the Law on Public Services, department №__ branch of the State Corporation (indicate address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the list of basic requirements for the provision of public services) due to Your submission of an incomplete package of documents according to the list provided for by the list of basic requirements for the provision of public services, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each party.
Last name, first name, patronymic (if any) (employee of the State Corporation) (signature)
Executor: Last name, first name, patronymic (if any) ____________
Telephone __________
Received: Last name, first name, patronymic (if any) /_______/ signature of the service recipient
"___"_________ 20__
Annex 5 to the State Service Rules "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint stock company, regulations on their branches (representative offices)" |
Form
Registration authority_________
Certificate of state registration/re-registration of a legal entity
_________________________________
business identification number
"__ _" _________20___
Name: ______________________________________________________________
____________________________________________________________________
Location: ____________________________________________________________
Director: ____________________________________________________________
Founders (participants): ________________________________________________
Carries out activities on the basis of a standard charter.
The certificate is a document confirming the state re-registration of a legal entity,
in accordance with the legislation of the Republic of Kazakhstan
Head of the registration authority ____________ ____________________________
(Signature) (Last name, first name, patronymic (if any)
Place of seal Date of issue
Annex 6 to the State Service Rules "State registration of amendments and additions to the constituent documents of a legal entity not related to a private business entity, as well as a joint stock company, regulations on their branches (representative offices)" |
Form
Registration authority________
Certificate of registration/re-registration of a branch (representative office) of a legal entity
______________________________
business identification number
"__ _"_ ______20___
Locality
Name of the branch (representative office) of the legal entity:
__________________________________________________________________________
Name of the legal entity:______________________________________________________
Location of the branch (representative office) of the legal entity:_______________________
__________________________________________________________________________
The certificate is a document confirming the accounting re-registration of the branch (representative office),
in accordance with the legislation of the Republic of Kazakhstan
Head of the registration authority ____________ ____________________________
(Signature) (Last name, first name, patronymic (if any)
Place of seal Date of issue
Approved by Order of the acting Minister of Justice |
|
of the Republic of Kazakhstan dated May 29, 2020 № 66 "On approval of the Rules for the provision |
|
of public services in the field of state registration of legal entities and accounting registration of branches and representative offices" |
The Rules for the provision of the state service "State registration of termination of the activities of a legal entity, deregistration of a branch and representative office"
Footnote. Rules - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated September 30, 2022 № 821 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. The Rules for the provision of the state service "State registration of termination of the activity of a legal entity, deregistration of a branch and representative office" (hereinafter referred to as the Rules) have been developed in accordance with the Law on State Services and shall determine the procedure for the provision of the state service "State registration of termination of the activity of a legal entity, deregistration accounting registration of branches and representative offices" (hereinafter referred to as the State service).
2. The Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry) and territorial justice bodies shall carry out state registration of the termination of the activities of a legal entity that is a non-profit organization, and deregistration of a branch and representative office.
The State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) shall carry out state registration of the termination of the activities of legal entities that are commercial organizations, and deregistration of branches and representative offices (hereinafter referred to as the Service provider).
3. State registration of termination of the activities of a legal entity, public and religious associations with republican and regional status, including political parties, the Republican Notary Chamber, the Republican Bar Association, the Republican Chamber of Private Bailiffs, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the Chamber of Forensic Experts of the Republic of Kazakhstan, Arbitration Chamber of Kazakhstan, Republican College of Legal Consultants, deregistration of branches and representative offices of foreign and international non-profit non-governmental associations shall be carried out by the Ministry.
4. State registration of termination of the activities of a legal entity, deregistration of branches and representative offices, public and religious associations with local status, funds and associations of legal entities, registration of branches and representative offices of public and religious associations shall be carried out by territorial bodies of justice.
5. State registration of termination of the activities of a legal entity, deregistration of branches and representative offices related to commercial organizations and registration of their branches and representative offices shall be carried out by the State Corporation.
6. State registration of termination of the activities of a legal entity, except for political parties and religious associations, shall be carried out on the basis of an electronic application submitted through the "electronic government" web portal, as well as other informatization objects, in the manner determined by the Ministry in accordance with Article 16 of the Law.
7. The activities of legal entities, and their branches (representative offices) are subject to compulsory termination if they simultaneously meet the following conditions: those who have not applied in the manner determined by the authorized body in the field of state registration of legal entities to the registration authority to generate a business identification number; not registered with state revenue authorities as taxpayers. Compulsory termination of activities shall be carried out in court at the request of the body carrying out state registration of legal entities. Exclusion from the National Register of Business Identification Numbers of legal entities shall be carried out based on a court decision on forced liquidation that has entered into legal force.
Footnote. Paragraph 7 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Chapter 2. Procedure for providing public services
8. To receive public service, individuals and (or) legal entities (hereinafter referred to as the Service recipient) shall submit an application in the form in accordance with Annex 1 to these Rules (hereinafter referred to as the Application) and a package of documents according to the list provided in the List of basic requirements for the provision of public services "State registration of termination of activities of a legal entity, deregistration of branches and representative offices" in accordance with Annex 2 to these Rules (hereinafter referred to as the List) to the State Corporation or on the "electronic government" web portal: www.egov.kz (hereinafter referred to as the Portal).
9. A list of basic requirements for the provision of public services, including characteristics of the process, form, content and result of the provision, as well as other information taking into account the specifics of the provision of public services, shall be given in the List.
10. When accepting documents, the employee of the service provider shall check the identity document (in the case of an application through the State Corporation) of the service recipient with the information contained in state information systems and then return it to the service recipient.
11. In this case, if the service recipient submits an incomplete package of documents and (or) expired documents, the service provider shall refuse to accept the documents with the issuance of a receipt in the form in accordance with Annex 3 to these Rules.
12. Upon presentation of a complete package of documents to the service provider, the service recipient shall be issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
13. Upon receipt of documents for the provision of public services in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider’s office shall receive documents according to the register and send them to the Department of Registration of Legal Entities.
The head of the management (department) of registration of legal entities shall determine the executor within 20 minutes and transfer it to him/her for execution.
The executor: shall check compliance with the liquidation procedure established by the legislative acts of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), enter information on the liquidation of the legal entity into the National Register; issue an order to register the termination of the activities of a legal entity (branch and representative office), annulment a certificate (record) of state registration (re-registration) and exclude it from the National Register.
Footnote. Paragraph 13 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).14. After consideration by the executor, the order to register the termination of the activities of a legal entity (branch and representative office), or a reasoned order of refusal (on an interruption) shall be sent to management for signing.
The documents signed by the management shall be transferred by the executor to the office of the service provider. An employee of the service provider's office shall transfer documents to the State Corporation through a courier.
Footnote. Paragraph 14 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).15. Upon receipt of documents for the provision of public services in accordance with paragraph 5 of these Rules to the State Corporation, the employee shall receive the documents and, according to the register, transfer them to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the management (department) of registration of legal entities shall determine the executor within 20 minutes and transfer it to him/her for execution.
The executor: checks compliance with the liquidation procedure established by the legislative acts of the Republic of Kazakhstan and, in the absence of grounds for refusal (interruption), enters information on the liquidation of the legal entity into the National Register; issues an order to register the termination of the activities of a legal entity (branch and representative office), annulment a certificate (record) of state registration (re-registration) and exclude it from the National Register.
After consideration by the executor, the order to register the termination of the activities of a legal entity (branch and representative office), or a reasoned order of refusal (on an interruption) shall be sent to management for signing.
The documents signed by the management shall be transferred by the executor to the issuing department of the State Corporation.
Footnote. Paragraph 15 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).16. In the State Corporation, the issuance of ready-made documents shall be carried out upon presentation by the service recipient of an identity card or an electronic document from the digital document service (for identification) (or his/her representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which indicates the corresponding powers of the representative).
17. In the case of submitting documents on the portal - "to personal account", a notification of state registration of legal entities for small and medium-sized businesses or a reasoned response from the service provider about the refusal (about interruption) in the provision of public services shall be sent in the form of an electronic document, certified by the service provider’s digital signature.
Footnote. Paragraph 17 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).18. In cases of submission of an incomplete package of documents, the presence of shortcomings in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by the legislative acts of the Republic of Kazakhstan, the period of state (record) registration shall be interrupted until the identified shortcomings are eliminated or until the corresponding conclusion (expertise).
If grounds are identified for interrupting the period for providing public service, the service provider shall interrupt the period for providing the public service for no more than one month, indicating the reasons, and transfer the documents to the State Corporation.
The decision to interrupt state registration shall be made by the service provider from the moment of receipt of documents for state registration until the moment the document is issued, but no later than the expiration of the service provision period.
After eliminating the comments specified in the interruption order, the service recipient shall re-send the documents to the service provider through the State Corporation.
If, within one month, the circumstances that were the grounds for an interruption in the registration of termination of the activities of a legal entity by the service recipient are not eliminated, then a reasoned order shall be issued to refuse to provide the public service no later than three working days before the end of the interruption.
Footnote. Paragraph 18 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated July 13, 2023 № 479 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).19. If there are grounds for refusal of state registration of a legal entity, or registration of a branch (representative office), the service provider shall, within the time limits provided for in Article 16 of the Law, issue in writing a reasoned refusal to provide public service, on the grounds specified in paragraph 9 of the List of Basic Requirements to the provision of public services.
When a decision is made to refuse to provide public service, the service provider shall, within one day, notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place of the hearing for the opportunity to express the service recipient’s position on the preliminary decision.
Notice of the hearing shall be sent at least three working days before the end of the period for providing the public service.
The service recipient's objection to the preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a reasoned refusal to provide public service.
20. The service provider shall ensure that data is entered into the information system for monitoring the provision of public services about the stage of provision of public services in the manner established by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.
21. In the event of a failure of the information system of the SDB of a legal entity, the service provider shall immediately notify the operator of the information and communication infrastructure of the "electronic government" (hereinafter referred to as the Operator).
In this case, the operator shall take measures to determine the cause of the information system failure and, within 1 (one) working day, draw up a protocol (act) about the technical problem and sign it with the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials regarding the provision of public services
22. A complaint about decisions, actions (inaction) of the service provider and (or) their employees regarding the provision of public services shall be submitted to the head of the service provider.
A complaint from a service recipient received by a service provider directly providing public service, in accordance with paragraph 2 of Article 25 of the Law on Public Services, is subject to consideration within five working days from the date of its registration.
A complaint from a service recipient received by the authorized body for assessing and monitoring the quality of public services is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the appeal procedure may be obtained by calling the unified contact center for issues related to the provision of public services.
23. Consideration of the complaint shall be carried out by the authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and accounting registration of branches and representative offices, the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider whose decision, action (inaction) is being appealed.
The service provider, whose decision, action (inaction) is being appealed shall, no later than three working days from the date of receipt of the complaint, send it and the administrative file to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is being appealed, shall be entitled not to send the complaint to the body considering the complaint if, within three working days, he/she makes decision or other administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after appealing through the pre-trial process.
Annex 1 to the State Service Rules "State registration of termination of the activities of a legal entity, |
|
deregistration of a branch and representative office" |
Form
Application for registration of termination of activities
of a legal entity, branch (representative office)
1. Form of organization (indicate x in the appropriate cell)
1) legal entity ___________ 2) branch ________ 3) representative office __________
2. Name of the legal entity, branch (representative office) ______________________
_____________________________________________________________________
3. Business identification number (BIN) (in case of absence - registration number)
_____________________________________________________________________
4. The grounds for termination of activity arose as a result of (indicate x in the appropriate cell)
1) liquidation _______ 2) reorganization by merger ____________________________
5. Termination of the activities of a legal entity, branch (representation) (indicate x in the appropriate cell)
1) voluntary ___________________________________________________________
2) forced ______________________________________________________________
6. Name of the publication in which the announcement of the termination of the activities
of a legal entity, branch (representative office) was published, number and date of publication
______________________________________________________________________
7. Information about branches (representative offices) of the legal entity (indicate x in the appropriate cell)
1) yes __________ 2) no ___________ The following is attached to the application:
______________________________________________________________________
Last name, first name, patronymic (if any) and signature of the applicant
I hereby agree to the use of information constituting secrets protected by law contained in information systems
___________________________________________________________________________
"___" _______ 20 __ (signature)
Annex 2 to the State Service Rules "State registration of termination of the activities of a legal entity, deregistration of a branch and representative office" |
Footnote. Appendix 2 - as reworded by order of the Minister of Justice of the Republic of Kazakhstan № 501 of 11.06.2024 (shall be enacted on 08.06.2024).
List of basic requirements for rendering the state service | ||
1 | Name of the service provider |
Ministry of Justice (hereinafter referred to as the Ministry), territorial bodies of justice, State Corporation. |
2 | Methods of rendering the state service |
1. Termination of a legal entity on the grounds of liquidation - State Corporation, e-Government web portal; |
3 | Term of rendering the state service |
State registration of the termination of the activity of a legal entity, deregistration of a branch and representative office shall be effected within 5 working days following the day of filing an application accompanied by the documents required for such registration. |
4 | Form of rendering a state service |
State registration of the termination of a legal entity, deregistration of a branch and representative office: |
5 | Result of rendering a state service |
Order on state registration of termination of activity of a legal entity or on removal of a branch and representative office from registration or motivated refusal to render a state service in the instances and on the grounds envisaged by paragraph 9 of this List. |
6 |
The amount of the fee charged from the service recipient when rendering a state service and the ways of its receipt in cases envisaged by the legislation of the Republic of Kazakhstan |
The registration fee for rendering state services to non-commercial organisations has been established. |
7 |
Work schedule of the service provider, the State Corporation and information objects |
1. Ministry and its territorial bodies of justice - from Monday to Friday inclusive from 9.00 a.m. to 6.30 p.m. with a lunch break from 1.00 p.m. to 2.30 p.m., save for weekends and public holidays under the Labour Code of the Republic of Kazakhstan. |
8 | List of documents and details required from the service recipient for rendering the state service |
Termination of a legal entity on the grounds of liquidation: |
9 | Grounds for refusal to render a state service established by the laws of the Republic of Kazakhstan |
1. infringement of the procedure for liquidation of a legal entity (branch or representative office, as well as branches (representative offices) of a liquidated legal entity that have not been deregistered; |
10 | Other requirements with due regard to the specifics of rendering a state service, including those rendered in electronic form and via a state corporation |
Service recipients who suffer from complete or partial loss of the ability to self-service, independent movement and orientation, as prescribed by law, shall have their documents accepted by an employee of the State Corporation with a visit to their place of residence via the Unified Contact Centre ‘1414’, 8 800 080 777. |
Annex 3 to the State Service Rules "State registration of termination of the activities of a legal entity, deregistration of a branch and representative office" |
Form
(Last name, first name, patronymic if any), or the name of the organization service recipient) _________________________________ (service recipient address) Receipt for refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law on Public Services, department №__ of the State Corporation branch (indicate address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the list of basic requirements for the provision of public services) due to your submission of an incomplete package of documents according to the list provided for by the list of basic requirements for the provision of public services, namely:
Name of missing documents:
1) _______________________________________;
2) _______________________________________;
3) _______________________________________;
This receipt is made in 2 copies, one for each party.
Last name, first name, patronymic (if any) (employee of the State Corporation) (signature)
Executor: Last name, first name, patronymic (if any) _____________
Telephone number__________
Received: Last name, first name, patronymic (if any) /____/ signature of the service recipient
"___" _________ 20__
Annex 4 to the State Service Rules "State registration of termination of the activities of a legal entity, deregistration of a branch and representative office" |
Fee rates shall be calculated based on the monthly calculation indicator established for the corresponding financial year by the law on the republican budget (hereinafter referred to as the MCI) and are:
№ | 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, except for commercial organizations: | |
1.1. | legal entities, their branches and representative offices | 6.5 |
1.2. | 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, state-owned enterprises, cooperatives of owners of premises (apartments) and associations of property owners of an apartment building, accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1. | for state registration, registration of termination of activity, 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 persons with disabilities, registration (re-registration), deregistration of their branches and representative offices, branches of republican and regional national-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 activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
Approved by Order of the acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2020 № 66 "On approval of the Rules for the provision of public services in the field of state registration of legal entities and registration of branches and representative offices" |
The Rules for the provision of public services "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices"
Footnote. Rules - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated September 30, 2022 № 821 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. The Rules for the provision of public services "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices" (hereinafter referred to as the Rules) have been developed in accordance with the Law on Public Services and shall determine the procedure for the provision of public services service "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices" (hereinafter referred to as the State service).
2. The public service shall be provided by the Ministry, territorial bodies of justice and the State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) concerning legal entities, branches and representative offices that are non-profit organizations and legal entities, branches and representative offices that are commercial organizations (hereinafter referred to as the Service provider).
3. Issuance of a duplicate of the charter (regulations) of public and religious associations with republican and regional status, including political parties, the Republican Notary Chamber, the Republican Bar Association, the Republican Chamber of Private Bailiffs, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the Chamber of Forensic Experts of the Republic of Kazakhstan, The Arbitration Chamber of Kazakhstan, the Republican College of Legal Consultants of branches and representative offices of foreign and international non-profit non-governmental associations, is produced by the Ministry.
4. Issuance of a duplicate of the charter (regulations) of created, reorganized legal entities, and accounting registration of branches and representative offices, public and religious associations with local status, funds and associations of legal entities, accounting registration of branches and representative offices of public and religious associations, shall be carried out by territorial justice authorities.
5. The issuance of a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices related to commercial organizations shall be carried out by the State Corporation.
Chapter 2. Procedure for providing public services
6. To receive public service, legal entities (hereinafter referred to as the Service recipient) shall submit an application in electronic format in accordance with Annex 1 to these Rules (hereinafter referred to as the Application) and a package of documents according to the list provided in the list of basic requirements for the provision of the public service "Issuance of a duplicate of the charter (provisions) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices" in accordance with Annex 2 to these Rules (hereinafter referred to as the List) through the "electronic government" web portal: www.egov.kz (hereinafter referred to as the Portal).
7. A list of basic requirements for the provision of public services, including characteristics of the process, form, content and result of the provision, as well as other information taking into account the specifics of the provision of public services, shall be given in the List.
8. When the service recipient submits all the necessary documents, the status of acceptance of the request for the provision of public service shall be displayed in the service recipient’s "personal account", indicating the date and time of receipt of the result of the provision of the public service.
9. Upon receipt of an electronic application for the provision of public service in accordance with paragraphs 3, 4 and 5 of these Rules, the head of the management (department) of registration of legal entities within 20 minutes shall determine the executor and send it for execution.
The executor: checks the completeness of the package of submitted documents for compliance with the current legislation of the Republic of Kazakhstan; prepares a duplicate of the charter (regulations) of a legal entity that is not a private business entity, as well as a joint-stock company, their branches and representative offices.
After consideration by the executor, the order to issue a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices shall be sent for signing to the management of the authorized body.
After signing the order by the management, a duplicate of the charter (regulations) of a legal entity in electronic format, not related to a private business entity, as well as a joint-stock company, their branches and representative offices, shall be sent by the executor to the "personal account" of the service recipient through the portal, certified by the service provider’s digital signature.
10. If there are grounds for refusal to provide public service, a notice of refusal to provide public service certified by the service provider’s digital signature shall be sent to the service recipient’s "personal account" on the portal.
11. The service provider shall ensure that data is entered into the information system for monitoring the provision of public services about the stage of provision of public services in the manner established by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.
12. In the event of a failure of the information system of the SDB of a legal entity, the service provider shall immediately notify the operator of the information and communication infrastructure of the "electronic government" (hereinafter referred to as the Operator).
In this case, the operator shall take measures to determine the cause of the information system failure and, within 1 (one) working day, draws up a protocol (act) about the technical problem and signs it with the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials regarding the provision of public services
13. A complaint about decisions, actions (inaction) of the service provider and (or) their employees regarding the provision of public services is submitted to the head of the service provider.
A complaint from a service recipient received by a service provider directly providing public service, in accordance with paragraph 2 of Article 25 of the Law on Public Services, is subject to consideration within five working days from the date of its registration.
A complaint from a service recipient received by the authorized body for assessing and monitoring the quality of public services is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the appeal procedure may be obtained by calling the unified contact center for issues related to the provision of public services.
14. Consideration of the complaint shall be carried out by the authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and accounting registration of branches and representative offices, the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider whose decision, action (inaction) is being appealed.
The service provider, whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is being appealed, shall be entitled not to send the complaint to the body considering the complaint if, within three working days, he/she makes a decision or other administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after appealing through the pre-trial process.
Annex 1 to the State Service Rules "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private enterprise, as well as a joint-stock company, their branches |
|
and representative offices" |
Application for the issuance of a duplicate of the charter (regulations) of a legal
entity not related to a private business entity, as well as a joint-stock company,
their branches and representative offices
1. Form of organization (indicate x in the appropriate cell)
1) legal entity ____ 2) branch ___ 3) representative office ___________________________________
2. Name of the legal entity, branch (representative office) ___________________________________
__________________________________________________________________________________
3. BIN of a legal entity, branch (representative office) ______________________________________
4. Grounds for issuing constituent documents of a legal entity (branch and representative office
__________________________________________________________________________________
5. Number of the decision to obtain a duplicate and the date of its adoption_____________________
______________________________________________________________________________
6. Name of the printed publication in which the announcement of the loss of the original charter (regulations)
of a legal entity not related to a private business entity, as well as a joint-stock company, their branches
and representative offices, was published, number and date of publication _______________________
__________________________________________________________________________________
Last name, first name, patronymic (if any) and signature of the applicant. ________________________
I hereby agree to the use of information constituting a legally protected secret contained in information
Systems ________________________________________
" __" ____ 20 __ (signature)
The following is attached to the application: ______________________________________________
Annex 2 to the State Service Rules "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private enterprise, as well as a joint-stock company, their branches and representative offices" |
The List of basic requirements for the provision of public services
"Issuance of a duplicate of the charter (regulations) of a legal entity that is not related to a private business entity,
as well as a joint-stock company, their branches and representative offices"
Footnote. Annex 2 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated January 24, 2023 № 53 (shall come into effect ten calendar days after the day of its first official publication).
Name of the state service "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices" | ||
1 | Name of the service provider | Ministry of Justice, territorial bodies of justice, State Corporation. |
2 | Methods of providing public services | "Electronic government" web portal: www.egov.kz |
3 | Duration of provision of public services | within 1 working day following the day of applying with the necessary documents attached. |
4 | Form of provision of public services | Electronic (fully automated). |
5 | The result of the provision of public services | issuance of a duplicate of the charter (regulations) of a legal entity not related to a private business entity, as well as a joint-stock company, their branches and representative offices, or a notice of refusal to provide public service certified by an electronic digital signature (hereinafter referred to as the Digital signature) of the service provider |
6 | The amount of payment collected from the service recipient when providing public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan | Free of charge |
7 | Work schedule of the service provider | portal - around the clock, except for technical breaks due to repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the Code, applications shall be accepted and results of the provision of public services shall be issued on the next working day). |
8 | List of documents required for the provision of public services |
1. application in the form in accordance with Annex 1 to the attached Rules; |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1. Establishing the unreliability of the documents submitted by the service recipient to receive public service, and (or) the data (information) contained in them. |
10 | Other requirements taking into account the specifics of the provision of public services, including those provided in electronic form and through the State Corporation |
The service recipient shall have the opportunity to receive public services in electronic form through the "electronic government" web portal, subject to the availability of an electronic signature. |
Annex 3 to the State Service Rules "Issuance of a duplicate of the charter (regulations) of a legal entity not related to a private enterprise, as well as a joint-stock company, their branches and representative offices" |
Form
(Last name, first name, patronymic (if any),
or name of
the service recipient’s organization)
_________________________________
(address of the service recipient)
Receipt for refusal to accept documents
Approved by Order of the acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2020 № 66 "On approval of the Rules for the provision of public services in the field of state registration of legal entities and accounting registration of branches and representative offices" |
The Rules for the provision of public services "Issue of a certificate of registration (re-registration) of legal entities, accounting registration (re-registration) of their branches and representative offices"
Footnote. Rules - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated September 30, 2022 № 821 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. The Rules for the provision of the public service "Issue of a certificate of registration (re-registration) of legal entities, accounting registration (re-registration) of their branches and representative offices" (hereinafter referred to as the Rules) have been developed in accordance with the Law on Public Services and shall determine the procedure for the provision of the public service "Issuance of a certificate of registration (re-registration) of legal entities, accounting registration (re-registration) of their branches and representative offices" (hereinafter referred to as the State service).
2. The public service shall be provided by the Ministry and territorial bodies of justice concerning legal entities, branches and representative offices that are non-profit organizations and the State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) concerning legal entities, branches and representative offices that are commercial organizations (hereinafter referred to as the Service provider).
3. A certificate of state registration (re-registration) of a legal entity contains information about the date of its issue, registration authority, business identification number, date of state registration (re-registration), name and location of the legal entity, managers and founders (participants). If a legal entity belonging to a private business entity carries out its activities based on a standard charter, then information about this shall be displayed in the specified certificate.
4. The certificate of registration (re-registration) of a branch (representative office) shall contain information about the date of its issue, the registration authority, business identification number, date of registration (re-registration), name and location of the branch (representative office), name of the legal entity, who created the branch (representative office) (hereinafter referred to as the Certificate).
Chapter 2. Procedure for providing public services
5. To receive public service, individuals and (or) legal entities (hereinafter referred to as the Service recipient) shall submit a request in electronic format in accordance with Annex 1 to these Rules (hereinafter referred to as the Request) through the "electronic government" web portal www.egov.kz (hereinafter referred to as the Portal), in accordance with Annex 4 to these Rules (hereinafter referred to as the List).
6. The service recipient shall receive public service in electronic form through the portal, subject to the presence of an electronic digital signature or the use of a one-time password; in the case of registration and connection of the service recipient's subscriber number provided by the cellular operator to the portal account, the service is available to third parties.
7. The request shall be transferred for processing to the information system of the State Database of Legal Entities, where processing shall be carried out in the State Database of Legal Entities within 20 minutes. "Request in processing" this status means that the request is being processed.
After processing the request, the service recipient shall be given the status "Request processed positively", where, based on the results, the corresponding certificate is generated: on state registration (re-registration) of a legal entity in accordance with Annex 2;
certificate of registration (re-registration) of the branch (representative office) in accordance with Annex 3 to these Rules, the certificate shall be available for viewing and saving; in the absence of information about the legal entity, a result of the absence of information shall be provided.
8. The list of basic requirements for the provision of public services, including characteristics of the process, form, content and result of the provision, as well as other information taking into account the specifics of the provision of public services, shall be given in the List.
9. The document confirming the state registration (re-registration) of a legal entity, and accounting registration (re-registration) of a branch (representative office) is a certificate in the form in accordance with Annex 2 and 3 to these Rules.
10. When accessing the portal, the result of the provision of public services shall be sent to the service recipient’s "personal account" in the form of an electronic document certified by an electronic signature.
11. The service provider shall ensure that data is entered into the information system for monitoring the provision of public services about the stage of provision of public services in the manner established by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.
12. In the event of a failure of the information system of the SDB of a legal entity, the service provider shall immediately notify the operator of the information and communication infrastructure of the "electronic government" (hereinafter referred to as the Operator).
In this case, the operator shall take measures to determine the cause of the information system failure and, within 1 (one) working day, draw up a protocol (act) about the technical problem and sign it with the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials regarding the provision of public services
13. A complaint about decisions, actions (inaction) of the service provider and (or) their employees regarding the provision of public services shall be submitted to the head of the service provider.
A complaint from a service recipient received by a service provider directly providing public service, in accordance with paragraph 2) of Article 25 of the Law on Public Services, is subject to consideration within five working days from the date of its registration.
A complaint from a service recipient received by the authorized body for assessing and monitoring the quality of public services is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the appeal procedure may be obtained by calling the unified contact center for issues related to the provision of public services.
14. Consideration of the complaint shall be carried out by the authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and accounting registration of branches and representative offices, the authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider whose decision, action (inaction) is being appealed.
The service provider, whose decision, action (inaction) is being appealed shall, no later than three working days from the date of receipt of the complaint, send it and the administrative file to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is being appealed, shall be entitled not to send the complaint to the body considering the complaint if, within three working days, he/she makes the decision or other administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after appealing through the pre-trial process.
Annex 1 to the Rules of the State Service "Issue of a certificate of registration (re-registration) of legal entities, of accounting registration (re-registration) of their branches and representative offices" |
Form
Request for a certificate of registration (re-registration)
of legal entities, accounting registration (re-registration) of their branches
and representative offices
I, _________________________________________________________________________
(last name, first name, patronymic (if any), passport details (identity card details) and place of residence of an individual,
___________________________________________________________________________
(name and details of a legal entity) _______________________________________________
Acting on behalf of a legal entity ________________________________________________
(to be filled in by an authorized representative) based on ______________________________
_____________________________________________
(details document certifying authority)
Hereby request you to provide me with a certificate of registration (re-registration) of legal entities,
of accounting registration (re-registration) of their branches and representative offices for a legal entity:
__________________________________________________________________________
(name of legal entity, branch and representative office)
The following documents are attached:___________________________________________
Date __________,_____________________ ____________________/_________________
(Last name, first name, patronymic (if any) and signature of the applicant/authorized representative)
__________________________________________ ________________________________
(Last name, first name, patronymic (if any) and signature of the specialist who accepted the request)
Result of execution/consideration/application: _______________________________
___________________________________________________________________________
verified: "_____" ______________ 20 ____ _______________ ___________________________
(last name, first name, patronymic (if any) and signature of a specialist)
Annex 2 to the Rules of the State Service "Issue of a certificate of registration (re-registration) of legal entities, of accounting registration (re-registration) of their branches and representative offices" |
Registration authority____________________
Certificate of state registration/re-registration of a legal entity
________________________________business identification number
"___"________ 20__
Locality
Name:_____________________________________________________________
Location: __________________________________________________________
Head: _____________________________________________________________
Founders (participants): _______________________________________________
Carries out activities on the basis of a standard charter.
The certificate is a document confirming the state registration of a legal entity, in accordance with the legislation of the Republic of Kazakhstan Date of issue
Annex 3 to the Rules of the State Service "Issue of a certificate of registration (re-registration) of legal entities, of accounting registration (re-registration) of their branches and representative offices" |
Registration authority ___________________
Certificate of account registration/re-registration of the branch
(please represent the legal entity
________________________________ business identification number
"___"_________ 20__
Locality
Name of the branch (representative office) of the legal entity:__________________
___________________________________________________________________
Name of the legal entity:_______________________________________________
Location of the branch (representative office) of the legal entity:________________
_________________________________________________
Date of initial registration of the branch (representative office):
_______________________________________________________________________
The certificate is a document confirming the accounting re-registration of the branch
(representative office), in accordance with the legislation of the Republic of Kazakhstan
Date of issue
Annex 4 to the Rules of the State Service "Issue of a certificate of registration (re-registration) of legal entities, of accounting registration (re-registration) of their branches and representative offices" |
Footnote. Appendix 4 - as revised by order of the Minister of Justice of the Republic of Kazakhstan № 501 of 11.06.2024 (shall be put into effect on 08.06.2024).
List of basic requirements for rendering the state service | ||
1. | Name of the service provider | Ministry of Justice (hereinafter referred to as the Ministry), territorial bodies of justice, State Corporation. |
2. | Ways of rendering the state service | E-government web portal: www.egov.kz. |
3. | Timeframe for rendering the state service | the maximum permitted time on the portal is 20 minutes. |
4. | Form of rendering a state service | Electronic (fully automated) one |
5. | Result of rendering a state service | a certificate of state registration (re-registration) of a legal entity, in the form as per Appendix 2, as well as a certificate of record registration (re-registration) of a branch (representative office) of a legal entity as per Appendix 3 hereto. |
6. | The amount of payment charged from the service recipient when rendering a government service and the ways of its collection in cases envisaged by the legislation of the Republic of Kazakhstan | Free of charge |
7. | Work schedule of the service provider, the State Corporation and information objects |
1. The Ministry and its territorial bodies of justice - from Monday to Friday inclusive from 9.00 a.m. to 6.30 p.m., with a lunch break from 1.00 p.m. to 2.30 p.m., excluding weekends and public holidays in line with the Labour Code of the Republic of Kazakhstan. |
8. | List of documents and information required from the service recipient for rendering the state service |
Request for a certificate on registration (re-registration) of legal entities, on record registration (re-registration) of their branches and representative offices in the form of an electronic document, pursuant to Appendix 1 hereof. |
9. | Grounds for refusal to render a state service established by the laws of the Republic of Kazakhstan | None |
10. | Other requirements with due regard to the specifics of the provision of public services, including those rendered in electronic form and via the State Corporation |
The service recipient has a possibility to obtain a state service in electronic form via the web portal of ‘e-government’ provided that he/she has an EDS. The service recipient has a possibility to receive data on the procedure and status of rendering the state service in the mode of remote access via the ‘personal cabinet’ of the portal, reference services of the service provider, as well as the Unified Contact Centre ‘1414’, 8-800-080-7777. |
Appendix 8 to the order of the Minister of Justice Republic of Kazakhstan dated May 29, 2020 № 99 |
List of some orders that have expired
1. Order Of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 № 349 "On Approval of the Standards of Public Services for the Registration of Legal Entities, Branches and Representative Offices" (registered in the Register of State Registration of Regulatory Legal Acts № 18916, published on July 2, 2019 in the Reference Control Bank of Regulatory legal acts of the Republic of Kazakhstan).
2. Order and about. Of the Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 № 301 "On approval of the regulations of public services on the registration of legal entities, branches and representative offices" (registered in the Register of State Registration of Normative Legal Acts № 11530, published on August 3, 2015 in the information and legal system "Әділет").
3. Order Of the Minister of Justice of the Republic of Kazakhstan dated February 29, 2016 № 100 "On amendments to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 № 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register state registration of normative legal acts № 13508, published on March 29, 2016 in the information and legal system "Әділет").
four. Order Of the Minister of Justice of the Republic of Kazakhstan dated March 27, 2018 № 469 "On amendments to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 № 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register state registration of regulatory legal acts № 16723, published on April 18, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
five. Order Of the Minister of Justice of the Republic of Kazakhstan dated January 10, 2019 № 8 "On amendments to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 № 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register state registration of regulatory legal acts № 18185, published on January 17, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
6. Order Of the Minister of Justice of the Republic of Kazakhstan dated July 31, 2019 № 421 "On amendments and additions to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 № 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register of State Registration of Regulatory Legal Acts № 19178, published on August 12, 2019 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).