On approval of the rules for the provision of public services in the field of state registration of legal entities and record registration of branches and representative offices

Updated Unofficial translation

Order of the acting Of the Minister of Justice of the Republic of Kazakhstan dated May 29, 2020 № 66. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 29, 2020 № 20771.

      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
“State Registration of Legal Entities, Record Registration of their Branches and Representative Offices”
Name of the sub-type of the state service:
1. Notification of the commencement of entrepreneurial activities (for small businesses);
2. Registration of commercial legal entities;
3. Registration of non-commercial legal entities
(political parties, religious associations, their branches and representative offices);
4. Record registration of branches and representative offices.


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;
2. Registration of commercial legal entities - State Corporation, e-government web portal;
3. Registration of non-commercial legal entities (political parties, religious associations, their branches and representative offices) - 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.
2. Registration of commercial legal entities - state registration of commercial legal entities, record registration of their branches (representative offices) with involvement of foreign persons who do not have identification numbers under the Law of the Republic of Kazakhstan “On National Registers of Identification Numbers” (hereinafter - the Law on National Registers) shall be performed not later than one working day following the day of application submission.
3. State registration of legal entities that do not belong to private business entities, as well as joint stock companies operating under a charter that is not a standard one, excluding political parties, record registration of their branches (representative offices), as well as branches (representative offices) of foreign non- commercial entities shall be made not later than 5 working days following the day of lodging the application with the required documents enclosed.
4. State registration of political parties and record registration of their branches (representative offices) shall be made not later than one month from the date of filing an application with the required documents enclosed.
5. State registration of public and religious associations with republican and regional statuses, including registration of branches and representative offices of foreign and international non- commercial non-governmental associations, shall be made not later than 5 working days following the day of lodging an application with the required documents enclosed;
at the location of the service provider, not later than 10 working days beyond the location of the service provider following the day of filing the application with the required documents enclosed.
6. State registration of commercial legal entities, record registration of their branches (representative offices) with the involvement of foreign persons who do not have identification numbers under the Law on National Registers shall be performed not later than one working day following the day of application filing.
The maximum permissible waiting time for the service recipient to hand over the package of documents to the service provider shall be 20 minutes.
Maximum permissible service time of the service recipient shall be 20 minutes.

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”.
2. Registration of commercial legal entities - Electronic (partially automated)/paper/rendered on the principle of “one application”.
3. Registration of non-commercial legal entities (political parties, religious associations, their branches and representative offices) - Electronic (partially automated)/paper.
4. Registration of branches and representative offices - Electronic (partially automated)/paper/ rendered on the principle of “one application”.

5

Result of rendering the state service

1. Notification of the commencement of entrepreneurial activities (for small businesses).
When applying on the portal – “in the personal cabinet” a notification shall be directed on the state registration of legal entities for small and medium-sized businesses or a reasoned response of the service provider on refusal to grant the state service in the form of an electronic document certified by the electronic digital signature (hereinafter - EDS) of the service provider.
2. Registration of commercial legal entities - a certificate of state registration of a legal entity, in the form as per Appendix 10 hereto, as well as a certificate of record registration of a branch (representative office) of a legal entity, in the form as per Appendix 11 hereto (hereinafter - the certificate), or in writing a reasoned order to refuse to render a state service in cases and on the grounds envisaged by paragraph 9 of this list.
3. Registration of non-commercial legal entities (political parties, religious associations, their branches and representative offices) - a certificate, or in writing a reasoned order to refuse to grant a state service in the events and on the grounds specified in paragraph 9 of this list.
4. Record registration of branches and representative offices - a certificate, or in writing a reasoned order to refuse to render a state service in the instances and on the grounds envisaged by paragraph 9 of this list.

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.
2. Registration of commercial legal entities - free of charge.
3. Registration of non-commercial legal entities (political parties, religious associations, their branches and representative offices) - free of charge.
4. Record registration of branches and representative offices - for a fee.
A registration fee shall be established for the state service of 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 Obligatory Payments to the Budget (Tax Code)” (hereinafter - the Tax Code) pursuant to Appendix 12 hereto and shall be paid prior to the filing of the relevant documents at the place of registration of the object of taxation.
A fee shall be charged for the delivery of the state service on registration of commercial organisations and their branches and representative offices, pursuant to the prices for goods (works, services) in the sphere of state registration of legal entities under Article 10 of the Law “On State Registration of Legal Entities and Record Registration of Branches and Representative Offices” (hereinafter - the Law). When filing an electronic request for a state service via the portal, the payment shall be made via the ‘e-government’ payment gateway.

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.
2. Applications shall be accepted and ready results of state services shall be issued via the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty public service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends as per the Labour Code.
Service condition of the service provider/State Corporation: the state service shall be rendered in the order of ‘electronic’ queue, without accelerated service, the electronic queue shall be booked via the portal.
3. Portal - round the clock, excluding technical interruptions due to repair works (in case of service recipient's application after working hours, on weekends and holidays under the Labour Code, acceptance of applications and issuance of results of state service rendering shall be performed on the next working day).

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:
1. Notification of the commencement of entrepreneurial activities (for small businesses);
2. Registration of commercial legal entities.
Applications for state registration of legal entities shall be filed with the State Corporation in the forms as per Appendices 3, 4, 5, 6 and 7: application for state (accounting) registration of a legal entity, branch (representative office);
application for state registration of economic partnerships operating based on a standard charter;
an application for state registration of a joint stock company operating under a standard charter;
an application for state registration of a production co-operative operating under a standard charter;
an application for state registration of a medium-sized business entity and opening a bank account and for obligatory insurance of an employee against accidents ( unless the founder (founders) of a legal entity performs (carry out) activities without entering into labour relations with natural persons) in the form as per the appendix to the Rules (hereinafter - the application).
Legal entities with state participation shall file an application with a mark of the registrar.
State registration of legal entities related to medium and large businesses with foreign participation, excluding those without identification numbers, under the Law, shall be conducted in the order prescribed for state registration of legal entities of the Republic of Kazakhstan related to medium and large businesses.
If otherwise is not specified by international treaties ratified by the Republic of Kazakhstan, the following shall be filed additionally:
a copy of a legalised extract from the trade register or other legalised document certifying that the founder - foreign legal entity is a legal entity under the legislation of a foreign state, with a notarised translation into Kazakh and Russian languages;
a copy of the passport or other identity document of the foreign founder with a notarised translation into Kazakh and Russian languages.
Service providers shall retrieve digital documents from the digital document service via the implemented integration, subject to the consent of the document owner granted via the user's mobile subscriber number registered on the e-government web portal by transmitting a one-time password or by sending a short text message as a response to a notification from the e-government web portal.
Joint stock company:
charter, excluding a joint stock company operating under a standard charter;
Minutes of the constituent meeting, or a resolution of the sole participant;
a receipt or other document confirming payment of the state registration fee to the budget or a document confirming payment to the State Corporation, excluding legal entities belonging to small and medium-sized businesses.
State registration of state enterprises, legal entities, more than fifty per cent of shares (participatory interests in the authorised capital) of which are held by the state, and persons affiliated with them, which will operate in the territory of the Republic of Kazakhstan, shall be effected by the registering authority with the consent of the antimonopoly authority.
Limited partnership:
A document confirming the payment to the State Corporation, save for legal entities belonging to small and medium-sized enterprises.
General partnership:
A document confirming payment to the State Corporation, excluding legal entities belonging to small and medium-sized enterprises.
Production co-operative:
list of members of the production cooperative specifying surname, first name, patronymic (if any), individual identification number (hereinafter - IIN), place of residence; document confirming payment to the State Corporation, excluding legal entities belonging to small and medium-sized businesses.
Consumer co-operative:
charter; memorandum of association; receipt or other document confirming the payment of the state registration fee to the budget;
a consumer cooperative shall file a list of members of this cooperative specifying surname, first name, patronymic (if any), place of residence, IIN and data of the citizen's identity document - for citizens, and information on the name, location, bank details and business identification number - for legal entities.
Partnership with additional liability:
a document confirming the payment to the State Corporation, excluding legal entities belonging to small and medium-sized enterprises.
Limited Liability Partnership:
a document proving payment to the State Corporation, excluding legal entities belonging to small and medium-sized enterprises.
State-owned enterprise:
a charter;
decision of the Government of the Republic of Kazakhstan or local executive body on the establishment of the enterprise; document confirming payment to the State Corporation, except for legal entities belonging to small and medium-sized enterprises.
Public institution:
decision on the establishment of the state institution;
regulations (charter); receipt or other document confirming payment of the state registration fee to the budget.
Housing and construction co-operative and housing co-operative: statute;
a receipt or other document confirming the payment of the state registration fee to the budget.
Housing and housing-building co-operatives shall also furnish a list of members of these co-operatives, specifying their surname, name, patronymic (if any), place of residence and IIN.
Property owners' association:
an electronic copy of the minutes of the meeting; the charter of the association of property owners;
receipt or other document confirming the payment of the registration fee for state registration to the budget.
The collegium of advocates:
a charter approved by the constituent meeting (conference) of members of the collegium of advocates;
the decision of the authorised body on the approval of the charter;
a receipt or other document confirming the payment to the budget of the state registration fee.
Chamber of notaries:
a charter approved by the supreme governing body of the notarial chamber;
decision of the supreme governing body to approve the charter;
a receipt or other document confirming the payment of the state registration fee to the budget.
Foundation: charter;
Memorandum of Association (if the number of founders is more than one);
decision of the authorised body to approve the charter;
decision of the collegial body (Board of Trustees) on the appointment of the executive body;
a receipt or other document confirming the payment of the state registration fee to the budget.
Association: the charter adopted at the constituent congress (conference, meeting);
minutes of the constituent congress (conference, meeting) that adopted the charter, signed by the chairman and secretary of the congress (conference, meeting);
a list of citizens-initiators of the public association with indication of surname, first name, patronymic (if any), IIN, place of residence, home and office telephone numbers, personal signature;
a document certifying the location of the public association;
a receipt or other document proving the payment of the state registration fee to the budget.
When registering political parties, the following shall be filed:
1) an application in the form established by the registering body;
2) the charter and programme of the political party in two copies signed by the head of the political party;
3) minutes of the constituent congress (conference) of the political party;
4) lists of party members, which shall include not less than five thousand party members representing structural units (branches and representative offices) of the party in all regions, a city of national importance and the capital, numbering not less than two hundred party members in each of them with indication of surname, first name, patronymic (if any), IIN, residence address.
5) a document on payment of the fee for state registration of a legal entity.
The organising committee shall file with the registering body a notice of intention to establish a political party in the form as per Appendix 13 hereto, as well as pursuant to Article 6 of the Law of the Republic of Kazakhstan ‘On Political Parties’ to establish a political party:
1) the list of the initiative group of citizens to establish a political party in electronic (in EXCEL format) and hard copy in the form as per Appendix 14 hereto and details of the members of the organising committee in electronic and hard copy in the form as per Appendix 15 hereto;
2) minutes of the meeting of the organising committee, specifying the purpose of its establishment, the intended name of the political party, location, intended sources of formation and use of money and other property of the organising committee, as well as details of the members of the organising committee, authorised to open a settlement account for the formation of funds of the organising committee and to enter into civil law contracts to ensure its activities.
On the day of receipt of the notification and documents envisaged in sub-paragraphs 1), 2) of this paragraph, the registration authority shall issue a confirmation of presentation of documents in the form as per Appendix 16 hereto confirming their filing to the authorised person of the organising committee.
Association of legal entities in the form of an association (union), incorporation of individual entrepreneurs and legal entities, association of individual entrepreneurs: statute;
memorandum of association signed by all founders of the association;
decision of the authorised body on the establishment of a legal entity;
receipt or other document confirming the payment of the state registration fee to the budget.
Chamber of auditors:
charter;
decision of the authorised body on the establishment of the legal entity;
receipt or other document confirming the payment of the state registration fee to the budget.
Religious association:
the charter of the religious association signed by the head of the religious association;
minutes of the founding meeting (congress, conference);
list of citizens-initiators of the religious association being established in electronic and paper form as per Appendix 18 hereto; a document confirming the location of the religious association;
printed religious materials disclosing the history of the origin and basics of the doctrine and comprising data on the religious activity corresponding to it;
receipt or other document certifying the payment of the state registration fee to the budget; a decision on the election of the head of the religious association or, in the case of appointment of the head by a foreign religious centre, a document certifying the agreement with the authorised body.
Upon registration of a regional religious association, a list of participants of each of the local religious associations initiating the establishment of regional religious associations shall be additionally filed in the form established by the registering body, as well as notarised copies of charters of their local religious associations;
religious association having a governing centre outside the country shall additionally file: a copy of the charter of the foreign centre with a notarized translation in the Kazakh and Russian languages; an extract from the register or other document confirming that the religious centre is a legal entity under the legislation of its country with a notarized translation in the Kazakh and Russian languages, charters (regulations) of spiritual educational institutions, mosques, monasteries and other religious associations founded by religious administrations.
Establishment: decision of the owner to establish an institution;
regulations (charter); foundation agreement or a similar agreement (if the number of owners (founders) is more than one);
receipt or other document confirming the payment of the state registration fee to the budget.
Chamber of appraisers:
charter;
decision of the authorised body on the establishment of a legal entity;
receipt or other document confirming payment of the state registration fee to the budget.
Chamber of legal advisors:
charter;
decision of the authorised body on the establishment of the legal entity;
receipt or other document confirming the payment of the state registration fee to the budget.
Lawyer's office:
charter;
decision of the authorised body on establishment of a legal entity;
receipt or other document confirming the payment to the budget of the fee for state registration of legal entities and record registration of branches and representative offices.
For record registration of branches (representative offices): branch (representative office) of a Kazakhstan legal entity: application;
The application shall be accompanied by receipt or other document evidencing the payment to the budget of the registration fee for the record registration of the branch (representative office) of legal entities related to non-commercial organisations, or a document evidencing the payment to the State Corporation for the branch (representative office) of legal entities belonging to commercial organisations.
For branches (representative offices) of legal entities that do not belong to the private business entities, as well as joint-stock companies, additionally presented:
regulations on the branch (representative office) in electronic version in Kazakh and Russian languages approved by the legal entity, copies of the charter (regulations) and power of attorney of the legal entity ( excluding public and religious associations) issued to the head of the branch (representative office).
Should the head of a legal entity be the head of a branch (representative office), a power of attorney shall not be required to be provided to the registering authority.
When a branch (representative office) is established by a state enterprise, a document shall be additionally provided confirming the consent of the National Bank or the authorised state property management authority (local executive body) to the establishment of the branch (representative office).
A branch (representative office) of a foreign legal entity:
application;
regulations on the branch (representative office) approved by the body of the legal entity;
power of attorney issued by the body of the legal entity to the head of the branch or representative office with notarised translation into Kazakh and Russian languages;
the decision of the legal entity to establish a branch (representative office) with a notarised translation into Kazakh and Russian languages;
legalised extract from the trade register or other legalised document certifying that the entity opening a branch (representative office) in the Republic of Kazakhstan is a legal entity under the laws of its country, with a notarised translation into Kazakh and Russian languages;
copy of constituent documents of the legal entity with a notarised translation into Kazakh and Russian languages;
receipt or other document evidencing payment to the budget of the registration fee for the record registration of a branch (representative office) of a foreign non-commercial organisation or a document evidencing payment to the State Corporation for a branch (representative office) of a foreign commercial organisation.
For state registration of a legal entity established by reorganisation, the following shall be filed: an application;
a decision of the owner of the property of the legal entity or a body authorised by the owner, founders (participants), a decision of the body authorised by the constituent documents of the legal entity, or a court decision in cases envisaged by Article 231 of the Entrepreneurial Code of the Republic of Kazakhstan and paragraph 3 of Article 45 of the Civil Code (hereinafter - the Code);
in the event of merger, consolidation, transformation - the transfer deed, in the event of division, separation - the separation balance sheet specifying the provisions on succession to the obligations of the reorganised legal entity, approved by the owner of the property of the legal entity or the body that made the decision to reorganise the legal entity, and the decision of the authorised body of the legal entity to approve the transfer deed and the separation balance sheet;
document proving written notification of creditors on reorganisation of the legal entity; receipt or other document proving payment to the budget of the fee for termination of the reorganised legal entity relating to a non-commercial organisation, or document proving payment to the State Corporation for termination of the reorganised legal entity relating to a commercial organisation. When filing documents via the portal.
For state registration of a legal entity belonging to the small business entity, the founder (founders) shall file a notification of the commencement of entrepreneurial activity with the opening of a bank account and compulsory insurance of the employee against accidents ( excluding cases when the founder (founders) of the legal entity implements (carry out) activities without entering into labour relations with natural persons) in the form according to Appendix 2 hereto.
For the state registration of a legal entity belonging to the medium-sized business entity, the founder (founders) shall complete the form on the state registration of the medium-sized business entity and the opening of a bank account and on compulsory insurance of the employee against accidents ( excluding cases when the founder (founders) of the legal entity performs ( implement) activities without entering into labour relations with natural persons) in the form as per Appendix 7 hereto.
For state registration of legal entities, branches and representative offices ( excluding political parties and religious associations):
electronic copy of the charter (regulations);
payment of the registration fee via the ‘e-government’ payment gateway;
electronic copy of the document confirming the location of the public association;
electronic copy of the decision of the authorised body.
For a joint stock company:
electronic copy of the charter, excluding a joint stock company operating under a standard charter;
electronic copy of the minutes of the constituent meeting or the decision of the sole participant;
payment of the registration fee via the ‘e-government’ payment gateway;
electronic copy of the preliminary consent of the antimonopoly authority, in case the legal entity belongs to a market entity holding a monopoly position in the relevant commodity market, as well as state-owned enterprises, legal entities, more than fifty per cent of shares (stakes in the charter capital) of which are owned by the state, and their affiliates, which will operate in the territory of the Republic of Kazakhstan, excluding cases when the establishment is expressly envisaged by the laws of the Republic of Kazakhstan
For limited partnerships:
Payment of the registration fee via the ‘e-government’ payment gateway with the exclusion of legal entities belonging to small and medium-sized enterprises.
For general partnership:
Payment of the registration fee via the ‘e-government’ payment gateway with the exclusion of legal entities belonging to small and medium-sized enterprises.
For a production co-operative:
electronic copy of the list of members of the production co-operative specifying surname, first name, patronymic (if any), IIN, place of residence; payment of the registration fee via the ‘e-government’ payment gateway.
For a consumer co-operative:
electronic copy of the charter; electronic copy of the memorandum of association;
payment of the registration fee via the ‘e-government’ payment gateway;
electronic copy of the list of members of these co-operatives with specification of their surname, first name, patronymic (if any), IIN and place of residence - for citizens, and information on location, bank details and BIN - for legal entities.
For a partnership with additional liability:
Payment of the registration fee via the ‘e-government’ payment gateway with the exclusion of legal entities belonging to small and medium-sized enterprises.
For a limited liability partnership:
Payment of the registration fee via the ‘e-government’ payment gateway with the exclusion of legal entities belonging to small and medium-sized enterprises.
For a state-owned enterprise:
electronic copy of the charter;
electronic copy of the decision of the Government of the Republic of Kazakhstan or local executive body on the establishment of the enterprise;
payment of the registration fee via the ‘e-government’ payment gateway.
For a state institution:
electronic copy of the decision on the establishment of a public institution;
electronic copy of the regulations (charter); payment of the registration fee via the ‘e-government’ payment gateway.
For housing and construction co-operative and housing co-operative: electronic copy of the charter;
payment of registration fee via the payment gateway of ‘e-government’: electronic copy of the list of members of these co-operatives specifying their surname, name, patronymic (if any), place of residence and IIN.
For a co-operative of owners of premises (flats):
electronic copy of the minutes of the constituent meeting of the owners of premises (flats) in the condominium unit or minutes with voting sheets based on the results of a written survey;
electronic copy of the charter; electronic copy of the document certifying the location of the legal entity; electronic copy of the state act on registration or re-registration of the condominium unit, or the document confirming the state registration of the condominium unit with the stamp of the registration authority; payment of the registration fee via the ‘e-government’ payment gateway.
For the collegium of advocates:
an electronic copy of the charter approved by the constituent meeting (conference) of members of the collegium of advocates;
an electronic copy of the decision of the authorised body on the approval of the charter;
payment of the registration fee via the ‘e-government’ payment gateway.
For a notarial chamber:
an electronic copy of the charter approved by the supreme governing body of the notarial chamber;
an electronic copy of the decision of the supreme governing body to approve the charter;
the payment of the registration fee via the ‘e-government’ payment gateway.
For a foundation:
an electronic copy of the charter; an electronic copy of the memorandum of association (if the number of founders is more than one);
an electronic copy of the decision of the authorised body on approval of the charter;
an electronic copy of the decision of the collegial body (Board of Trustees) on appointment of the executive body;
the payment of the registration fee via the ‘e-government’ payment gateway.
For an association:
an electronic copy of the charter adopted at the founding congress (conference, meeting);
an electronic copy of the minutes of the constituent congress (conference, meeting) that adopted the charter, signed by the chairman and secretary of the congress (conference, meeting);
an electronic copy of the list of citizens-initiators of the public association specifying surname, name, patronymic (if any), IIN, place of residence, home and office telephone numbers, personal signature;
an electronic copy of the document confirming the location of the public association;
the payment of the registration fee via the payment gateway of the ‘e-government’.
Property owners' association shall be registered by means of integration of informatisation objects and the “Legal Entities” state database (hereinafter referred to as the “Legal Entities Database”) in electronic form.
For associations of legal entities in the form of an association (union), associations of individual entrepreneurs and legal entities, associations of individual entrepreneurs:
an electronic copy of the charter;
an electronic copy of the memorandum of association signed by all founders of the association;
an electronic copy of the decision of the authorised body on the establishment of the legal entity;
payment of the registration fee via the ‘e-government’ payment gateway.
For the chamber of auditors:
an electronic copy of the charter;
an electronic copy of the decision of the authorised body on the establishment of a legal entity; payment of the registration fee via the ‘e-government’ payment gateway.
For the chamber of assessors:
an electronic copy of the charter;
an electronic copy of the decision of the authorised body on the establishment of a legal entity; payment of the registration fee via the ‘e-government’ payment gateway.
For the chamber of legal advisors:
an electronic copy of the charter;
an electronic copy of the decision of the authorised body on the establishment of a legal entity;
payment of the registration fee via the ‘e-government’ payment gateway.
For a lawyer's office:
an electronic copy of the charter;
an electronic copy of the decision of the authorised body on establishment of the legal entity;
payment of the registration fee via the ‘e-government’ payment gateway.
For state registration of a legal entity established by reorganisation, the following shall be filed: a notification;
an electronic copy of the decision of the owner of the property of the legal entity or a body authorised by the owner, founders (participants), a decision of the body authorised by the constituent documents of the legal entity, or a court decision in cases envisaged by Article 231 of the Entrepreneurial Code of the Republic of Kazakhstan, and paragraph 3 of Article 45 of the Code;
in the event of merger, consolidation, transformation - an electronic copy of the transfer act, in the event of division, separation - an electronic copy of the separation balance sheet with indication of provisions on succession to the obligations of the reorganised legal entity, approved by the owner of the property of the legal entity or the body that took the decision on reorganisation of the legal entity, and the decision of the authorised body of the legal entity on approval of the transfer act and separation balance sheet;
an electronic copy of the document confirming the written notification of creditors on the reorganisation of the legal entity;
payment of the registration fee via the ‘e-government’ payment gateway for the termination of the reorganised legal entity relating to a non-commercial organisation or a document confirming payment to the State Corporation for the termination of the reorganised legal entity relating to a commercial organisation.
When applying via the portal, the service recipient shall receive a notification in the ‘personal cabinet’ specifying the date and time of receipt of the result of the state service in the form of an electronic document certified by EDS.
Electronic copies of documents confirming the location of a legal entity shall be a lease agreement and other document envisaged by the civil legislation.
Should the owner of the premises be a natural person, a notarised consent of the natural person to grant the premises as the location of the legal entity shall be provided.
Constituent documents of legal entities belonging to commercial organisations, excluding constituent documents of joint stock companies and state enterprises, shall not be filed at the time of state registration.
Constituent documents of legal entities that do not belong to private business entities shall be filed in the Kazakh and Russian languages.
In the instances envisaged by Article 6 of the Law in the course of state registration of a legal entity, the scope of activities whereby financial services are rendered, the National Register of Business Identification Numbers (hereinafter - the National Register) shall obtain information on the availability of permission of the authorised body on regulation, control and supervision of the financial market and financial organisations via electronic notification.
For record registration of Kazakhstan branches (representative offices) of a legal entity:
an application for accounting registration shall be filed;
payment of the registration fee via the ‘e-government’ payment gateway for the record registration of the branch (representative office) of legal entities related to non-commercial organisations or a document confirming the payment to the State Corporation for the branch (representative office) of legal entities belonging to commercial organisations.
For branches (representative offices) of legal entities not related to private business entities, as well as joint-stock companies, an electronic copy of the regulations on the branch (representative office) in Kazakh and Russian languages approved by the legal entity, copies of the charter (regulations) and a power of attorney of the legal entity ( excluding public and religious associations) issued to the head of the branch (representative office) shall be additionally presented.
When a branch (representative office) is established by a state-owned entity, an electronic copy of the document confirming the consent of the National Bank or the authorised state property management authority (local executive body) to the establishment of the branch (representative office) shall be additionally filed;
branch (representative office) of a foreign legal entity: a notification on record registration;
an electronic copy of the regulations on the branch (representative office) approved by the body of the legal entity;
an electronic copy of the power of attorney issued by the body of the legal entity to the head of the branch or representative office with a notarised translation into Kazakh and Russian languages;
an electronic copy of the decision of the legal entity to establish a branch (representative office) with a notarised translation into Kazakh and Russian languages;
an electronic copy of a legalised extract from the trade register or other legalised document certifying that the entity opening a branch (representative office) in the Republic of Kazakhstan is a legal entity under the laws of its country, with a notarised translation into Kazakh and Russian languages;
an electronic copy of the constituent documents of the legal entity with a notarised translation into Kazakh and Russian languages;
payment of the registration fee via the payment gateway ‘e-government’ for the record registration of a branch (representative office) of a foreign non-commercial organisation or a document confirming the payment to the State Corporation for a branch (representative office) of a foreign commercial organisation.
Data on the identity documents of the service recipient, the document confirming payment of the registration fee by the service recipient (in case of payment via PSEP), made in the territory of the Republic of Kazakhstan, the service provider and the employee of the State Corporation shall obtain from the relevant state information systems via the ‘e-government’ gateway.

9

Grounds for refusal to render a state service established by the laws of the Republic of Kazakhstan

1. Registration of commercial legal entities;
2. Registration of non-commercial legal entities (political parties, religious associations, their branches and representative offices);
3. Record registration of branches and representative offices.
1) breach of the procedure for establishment, re-registration and reorganisation of a legal entity established by legislative acts of the Republic of Kazakhstan, inconsistency of constituent documents with the Law;
2) non-submission of the transfer deed or separation balance sheet or absence of provisions on legal succession of the reorganised legal entity;
3) if the legal entity or the sole founder (participant) of the legal entity is an inactive legal entity;
4) if an individual who is a founder (participant, member) and (or) head of a legal entity is the sole founder (participant, member) and (or) head of inactive legal entities;
5) if a natural person who is a founder (participant, member) and (or) head of a legal entity is included in the list of organisations and persons associated with the financing of terrorism and extremism under the legislation of the Republic of Kazakhstan;
6) if a natural person who is a founder (participant, member) and (or) head of a legal entity is recognised incapable or limited capacity;
7) if a natural person who is a founder (participant, member) and (or) head of a legal entity is recognised as missing, declared dead, registered as deceased or his/her status is not specified;
8) if a natural person who is a founder (participant, member) and (or) head of a legal entity has an outstanding or unexpunged conviction for offences under Articles 216, 218, 218-1, 235-1, 237, 238 of the Criminal Code of the Republic of Kazakhstan;
9) if at the time of state registration the founder ( natural person and (or) legal entity), its founders, head of the legal entity, founder and (or) head of the legal entity who is a founder (participant, member) of the legal entity are debtors under an enforcement document, save for a person who is a debtor under an enforcement proceeding on recovery of periodic payments and has no debt under an enforcement proceeding on recovery of periodic payments for more than three months;
10) if at the time of state re-registration the new founders (participants, members) and (or) persons alienating a share are debtors under an enforcement document, save for a person who is a debtor under an enforcement proceeding for the recovery of periodic payments and has no debts under an enforcement proceeding for periodic payments for more than three months;
11) presenting lost and (or) invalid identity documents;
12) existence of court acts and judgements (bans, arrests) of bailiffs and law enforcement agencies;
13) absence of the service recipient's consent, granted under Article 8 of the Law of the Republic of Kazakhstan ‘On Personal Data and their Protection’, for access to personal data of limited access, which are required for the delivery of the state service;
if otherwise is not prescribed by the laws of the Republic of Kazakhstan or a judicial act, registration actions shall be interrupted until the circumstances that caused the interruption of the term are eliminated, but not more than for one month;
If within one month the circumstances that caused the interruption of the time limit are not eliminated, the registration actions shall be refused, save for the receipt of an expert (specialist) report.

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.
A service recipient has a possibility to get a state service in electronic form via the web portal of ‘e-government’ under the condition of having an EDS.
The digital document service shall be available for users authorised in the mobile application.
To use a digital document, it is required to be authorised in the mobile application using an electronic digital signature or a one-time password, then it is required to proceed to the ‘Digital Documents’ section and select the required document.
The service recipient has a possibility to receive information on the procedure and status of rendering the state service in the remote access mode 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.

  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:


r/n

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
‘State Re-Registration of Legal Entities, Record Re-registration of their Branches and Representative Offices’
1. Change of name
2. Reduction of the authorised capital
3. Change in the composition of participants (founders)

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;
2. Decrease in the amount of the authorised capital - State Corporation, e-government web portal;
3. Change in the composition of participants (founders) - State Corporation.

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.
State re-registration of political parties and registration re-registration of their branches (representative offices) shall be made not later than 1 month from the date of filing an application with the required documents. State re-registration of public and religious associations with republican and regional statuses, including registration re-registration of branches and representative offices of foreign and international non-commercial non-governmental associations, shall be made not later than 5 working days following the day of filing an application accompanied by documents required at the location of the service provider, not later than 10 working days outside the location of the service provider following the day of filing an application accompanied by documents required.
On the portal - state re-registration of legal entities belonging to private business entities and their branches (representative offices), excluding joint-stock companies, their branches (representative offices) operating under a charter that is not a standard one, branches and representative offices of foreign non-commercial legal entities, shall be performed within one working day (when a service recipient applies after working hours, on weekends and public holidays the application acceptance and issuance of the result of rendering the state service shall be made on the next working day under the Labour Code of the Republic of Kazakhstan).
The maximum allowable waiting time for the service recipient to hand over the package of documents to the service provider is 20 minutes;
Maximum permissible service time of the service recipient - 20 minutes.

4

Form of rendering a state service

State re-registration of legal entities, record re-registration of their branches and representative offices:
1. Change of name - Electronic (partially automated)/paper;
2. Decrease in the amount of the authorised capital - Electronic (partially automated)/paper;
3. Change in the composition of participants (founders) - paper.

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.
If filed on the portal - ‘in the personal cabinet’ a notification shall be directed on the state re-registration of legal entities for small and medium-sized businesses or a reasoned response of the service provider on the refusal to grant the state service in the form of an electronic document certified by the electronic digital signature (hereinafter - EDS) of the service provider.

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.
Payment shall be charged for rendering the state service on registration of commercial organisations and their branches and representative offices, pursuant to the prices for goods (works, services) in the sphere of state registration of legal entities under Article 10 of the Law “On State Registration of Legal Entities and Record Registration of Branches and Representative Offices”.
In case of filing an electronic request for a state service via the portal, the payment shall be made through the e-government payment gateway.

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;
2. Acceptance of applications and issuance of finished results of state services shall be effected via the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty population service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends under the Labour Code of the Republic of Kazakhstan.
Admission shall be made in the order of electronic queue, at the service recipient's discretion, without accelerated service, it is possible to book an electronic queue via the portal.
3. The portal - round the clock, excluding technical interruptions related to repair works (when a service recipient applies after working hours, on weekends and public holidays pursuant to the Labour Code of the Republic of Kazakhstan, application acceptance and issuance of the result of rendering the state service shall be made on the next working day).

8

List of documents and details required from the service recipient for rendering the state service

To the State Corporation:
applications in the forms as per Appendices 1, 2. 3 and 4 (hereinafter referred to as the application):
Service providers shall obtain digital documents from the digital document service via the implemented integration, subject to the consent of the document owner granted through the user's mobile subscriber number registered on the e-government web portal by transmitting a one-time password or by sending a short text message as a response to the notification of the e-government web portal.
A legal entity in whose share the state participates shall lodge an application with a registrar's note;
decision or extract from the decision of the authorised body of the legal entity on state (accounting) re-registration, envisaging amendments and additions to the constituent documents of the legal entity, regulations on the branch (representative office), affixed with the seal of the legal entity, excluding filing an electronic application.
in case the legal entity is a private business entity, it shall not be required to seal the documents; for legal entities, branches (representative offices):
constituent document in an electronic version with amendments and additions made or the text of amendments and additions made to the constituent documents of a legal entity that shall not belong to the private business entity, branch (representative office);
for political parties and religious associations two copies of constituent documents with amendments and additions made or the text of amendments and additions made to the constituent documents of political parties and religious associations;
for joint-stock companies:
one copy of the notarised charter (regulations) with the amendments and additions made or the text of the amendments and additions made to the charter of the joint-stock company, regulations on the branch (representative office);
when including a non-resident of the Republic of Kazakhstan in the structure of participants, an electronic copy of a legalised extract from the trade register or other legalised document certifying that the founder - foreign legal entity is a legal entity under the legislation of a foreign state, with a notarised translation in the Kazakh and Russian languages;
in case of inclusion of a foreign person in the composition of participants, an electronic copy of passport or other document certifying the identity of the founder - foreigner, with a notarised translation in Kazakh and Russian languages, if the head, introduced new participant/founder is a foreign person;
a document confirming payment to the budget of the registration fee for the state re-registration of a legal entity that is a non-commercial organisation or the registration re-registration of its branch (representative office);
a document confirming payment to the State Corporation for state re-registration of a legal entity which is a commercial organisation or record re-registration of its branch (representative office). Branches and representative offices shall be subject to re-registration in case of change in their name.
On the portal:
for state re-registration of legal entities belonging to private business entities by the founder (founders): an electronic application; in case of reduction of the amount of the authorised capital and notification in printed publications – an electronic copy of the publication clipping; an electronic copy of the receipt/payment order in case the service recipient has not chosen the method of payment of the state fee for the delivery of the service via the e-government payment gateway (hereinafter referred to as EGPG); in case of change of location: in case of ownership of the property:
electronic confirmation from the Unified State Real Estate Cadastre (hereinafter referred to as USREC) information system on the ownership right registered to the service recipient's business identification number for the primary or secondary real estate located at the address specified by the service recipient, signed by the USREC's EDS; in case of leasing premises from a legal entity: an electronic copy of the lease agreement.
In the event of leasing the premises from a natural person:
an electronic copy of the notarised consent of the natural person to grant the premises as the location of the legal entity; in case of subletting the premises:
an electronic copy of the lease and sublease agreement; in case of inclusion of a non-resident of the Republic of Kazakhstan as a participant, an electronic copy of a legalised extract from the trade register or other legalised document certifying that the founder - a foreign legal entity being a legal entity under the legislation of a foreign state, with a notarised translation in the Kazakh and Russian languages; in case of inclusion of a foreign person in the membership of participants, an electronic copy of passport or other document certifying the identity of the founder - foreigner, with a notarised translation in Kazakh and Russian languages, if the head, introduced new participant/founder is a foreign person; in case of change in the membership of participants by a joint stock company or economic partnership, where the register of participants is maintained by the central depository, an electronic copy of the register of participants, certified by the seal of the registrar.
An electronic application shall be signed by the service recipient's EDS. If the authorised person of the service recipient is not its head, the application shall be coordinated with the head. For a legal entity, excluding economic partnerships, joint-stock companies and production co-operatives, the electronic application shall be coordinated on the e-government portal with its participants. For a branch (representative office) - by the head of its legal entity. For state re-registration of economic partnerships on the grounds of change of participants, excluding economic partnerships, in which the register of participants of the economic partnership is maintained by a professional participant of the securities market, engaged in activities to maintain a system of registers of securities holders, an electronic copy of the contract of alienation (assignment) of the right of the retiring participant of the economic partnership to a share in the property (authorised capital) of the partnership or its part under the laws of the Republic of Kazakhstan and the constituent documents.
An electronic copy of an agreement for the alienation (assignment) of the right of a retiring participant in a business partnership to a share in the property (authorised capital) of the partnership or a part thereof, to which a natural person is a party, shall be notarised.
For a legal entity where the state participates, an electronic copy of the application with a note of the registrar; an electronic copy of the decision or an extract from the decision of the authorised body of the legal entity on state (accounting) re-registration, envisaging amendments and additions to the constituent documents of the legal entity shall be submitted, regulations on the branch (representative office), an electronic copy of the notarised charter (regulations) with amendments and additions made or the text of amendments and additions made to the joint stock company's charter, regulations on the branch (representative office); payment of the registration fee via the e-government payment gateway or an electronic document confirming payment to the State Corporation for the state re-registration of a legal entity which is a commercial organisation or record re-registration of its branch (representative office).
The service provider and the official of the State Corporation shall obtain details of the identity documents of the service recipient, the document confirming the payment of the registration fee by the service recipient (in case of payment via EGPG) made in the territory of the Republic of Kazakhstan from the relevant state information systems via the e-government gateway.

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;
2. Non-representation of the transfer deed or separation balance sheet or absence of provisions on legal succession of the reorganised legal entity;
3. If the legal entity or the sole founder (participant) of the legal entity is an inactive legal entity;
4. If a natural person who is a founder (participant, member) and (or) head of a legal entity is the sole founder (participant, member) and (or) head of inactive legal entities;
5. If a natural person who is a founder (participant, member) and (or) head of a legal entity is entered in the list of organisations and persons associated with the financing of terrorism and extremism, under the laws of the Republic of Kazakhstan;
6. If a natural person who is a founder (participant, member) and (or) head of a legal entity is recognised as incapable or with limited legal capacity;
7. If a natural person who is a founder (participant, member) and (or) head of a legal entity is recognised as missing, declared deceased, registered as deceased or his/her status is not specified;
8. If a natural person who is a founder (participant, member) and (or) head of a legal entity has an outstanding or unexpunged conviction for offences under Articles 216, 218, 218-1, 218-1, 235-1, 237, 238 of the Criminal Code of the Republic of Kazakhstan;
9. If at the time of state registration the founder (natural person and (or) legal entity), its founders, head of a legal entity, founder and (or) head of a legal entity who is a founder (participant, member) of a legal entity, are debtors under an enforcement document, excluding a person who is a debtor under an enforcement proceeding for the recovery of periodic payments and has no debt under an enforcement proceeding for the recovery of periodic payments for more than three months;
10. If during state re-registration new founders (participants, members) and (or) persons alienating a share are debtors under an enforcement document, excluding a person who is a debtor under an enforcement proceeding for the recovery of periodic payments and has no debts under an enforcement proceeding for periodic payments for more than three months;
11. Providing lost and (or) invalid identity documents;
12. Presence of court acts and resolutions (bans, arrests) of bailiffs and law enforcement agencies;
13. Absence of the service recipient's consent, granted pursuant to Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and their Protection”, for access to personal data of restricted access, which are required for the delivery of state services;
14. Except as otherwise prescribed by the laws of the Republic of Kazakhstan or a judicial act, registration actions shall be interrupted until the circumstances that caused the interruption are eliminated, but for no more than one month.
If within one month the circumstances that caused the interruption of the time limit are not remedied, the registration actions shall be refused, unless an expert (specialist) report is obtained.

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.
A service recipient has a possibility to receive a state service in electronic form via the ‘e-government’ web portal provided that he/she has an EDS.
The digital document service shall be available for users authorised in the mobile application.
To use a digital document, it is required to be authorised in the mobile application using an electronic digital signature or one-time password, then it is required to go to the ‘Digital Documents’ section and select the required document.
The service recipient has a possibility to get informed on the procedure and status of rendering the state service in the remote access mode via " the personal cabinet" of the portal, reference services of the service provider, as well as the Unified Contact Center "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
“State Registration of Amendments and Additions to the Constituent Documents of a Legal Entity Other Than a Private Entrepreneurship Entity, as well as a Joint-Stock Company, Regulations on their Branches (Representative Offices)”.
Name of the subtype of the state service:
1. In case of change of location.
2. Adoption of the charter (regulations) in a new wording.

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;
2. Adoption of the Charter (Regulations) in a new wording - State Corporation.

3

Term of rendering the state service

In case of change of location;
Adoption of the charter (regulations) in a new wording;
1. in the State Corporation:
State registration of amendments and additions to the constituent documents of legal entities that do not belong to the private business entities, as well as joint-stock companies operating under a charter that is not a standard one, shall be performed not later than 5 working days following the day of filing an application accompanied by the required documents.
State registration of amendments and additions to the constituent documents of public and religious associations having national and regional status, including registration of amendments and additions to the constituent documents of branches and representative offices of foreign and international non-profit non-governmental associations, shall be made not later than 5 working days following the day of filing an application with the enclosure of the required documents.
at the location of the service provider, not later than 10 working days outside the location of the service provider following the day of filing the application with the required documents enclosed.
2. On the portal: In case of change of location of legal entities, it shall be reflected within 5 working days from the moment of filing an application for state registration. The maximum allowable waiting time for the service recipient to hand over the package of documents to the service provider shall be 20 minutes;
Maximum permissible time of service of the service recipient shall be 20 minutes.

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):
1. In case of change of location - electronic (fully automated)/ paper;
2. Adoption of the Charter (regulations) in a new wording - electronic (partially automated)/paper.

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.
When applying via the portal, the result of rendering a state service or the answer on refusal for legal entities belonging to the entity of large and medium-sized businesses shall be forwarded to the service recipient in the "personal cabinet" in the form of an electronic document certified by an electronic digital signature (hereinafter - EDS).

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.
2. Receipt of applications and issuance of finished results of state services shall be effected via the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends as per the Labour Code of the Republic of Kazakhstan.
The service shall be provided in the order of “electronic” queue at the service recipient's choice with a possibility of electronic queue booking via the portal.
3. Of the portal - round the clock, excluding technical interruptions due to repair works (in case of the service recipient's application after working hours, on weekends and public holidays, the application receipt and issuance of the result of rendering the state service shall be made from the next working day 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.
a decision or extract from the decision of the authorised body of the legal entity on introducing amendments and additions to the constituent documents of the legal entity, regulations on the branch (representative office), sealed with the seal of the legal entity (if any);
for legal entities, branches (representative offices):
a constituent document in electronic format with amendments and additions made or the text of amendments and additions made to the constituent documents of a legal entity other than a private enterprise, branch (representative office), for political parties and religious associations two copies of constituent documents with amendments and additions made or the text of amendments and additions made to the constituent documents of political parties and religious associations;
for joint-stock companies:
one copy of the notarised charter (regulations) with amendments and additions made or the text of amendments and additions made to the joint stock company's charter, regulations on the branch (representative office);
notarised lease agreement and other document required by the civil legislation.
In case the owner of the building is a legal entity itself, documents confirming its location shall not be required.
In case the owner of the building is a natural person, a notarised consent of the natural person shall be required to transfer the building as the location to the legal entity.
Documents accompanying the notification:
a decision or extract from the decision of the authorised body of the legal entity on making amendments and additions to the constituent documents, sealed with the seal of the legal entity (if any), as well as the text of amendments and additions made to the constituent documents;
a document confirming the actual location of the legal entity belonging to the private business entity, excluding a joint-stock company, its branches (representative offices).
Constituent documents drawn up in the order established by the legislation of the Republic of Kazakhstan, in the state and Russian languages, shall be filed in numbered form, in electronic version.
In case of change of location on the ‘e-government’ portal:
1. an application in the form as per Appendices 1 and 2 hereto;
2. an electronic copy of the document confirming the actual location (in case of change of location).
In case of change of the location, within one month from the date of the decision the authorised body shall lodge an application for state registration of the amendments and additions made to the constituent documents.
The service provider and the employee of the State Corporation shall get details of the identity documents of the service recipient from the relevant state information systems via the e-government gateway.

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”;
2. filing of lost and (or) invalid identity documents, as well as unreliable documents provided by the service recipient to receive a state service, and (or) data (information) contained therein;
3. court acts and judgements (bans, arrests) of bailiffs and law enforcement agencies, including court decisions (verdicts) on the prohibition of activities or certain types of activities requiring the receipt of a state service, as well as court decisions on the grounds whereof the service recipient is deprived of a special right related to the receipt of a state service availability shall be the basis for the following;
4. absence of the service recipient's consent, granted under Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and their Protection”, to access to personal data of limited access, which are required for rendering a state service.

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.
The service recipient has a possibility to obtain a state service in electronic form via the e-government web portal if he/she has an EDS.
The digital document service shall be available for authorised users in the mobile application.
To use a digital document, it is required to be authorised in the mobile application using an electronic digital signature or a one-time password, then proceed to the "digital documents" section and select the required document.
The service recipient has the possibility to receive data on the procedure and status of rendering the state service in the remote access mode 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


  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
“State Registration of Termination of the Activity of a Legal Entity, Deregistration of a Branch and Representative Office”
Name of the subtype of the state service:
1. Termination of activity of a legal entity on the grounds of liquidation;
2. Registration of termination of activity of a state enterprise privatised as a property complex;
3. Termination of activity in a compulsory manner shall be done in a judicial procedure on the application of the body;
4. Issuance of a copy of the document confirming the liquidation of a legal entity;
5. Receipt of applications on the forthcoming liquidation of a legal entity.

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;
2. Registration of termination of activity of a state enterprise privatised as a property complex - State Corporation;
3. Termination of activity in a compulsory manner shall be performed in a judicial procedure on the application of the body - State Corporation.

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.
State registration of termination of activity of a legal entity, public and religious associations having national and regional status, deregistration of branches and representative offices of foreign and international non-commercial non-governmental associations shall be made not later than 5 working days following the day of filing an application accompanied by the required documents.
at the location of the service provider, not later than 10 working days outside the location of the service provider following the day of filing the application with the required documents.
The maximum permissible waiting time for the service recipient to hand over the package of documents to the service provider shall take 20 minutes;
Maximum permissible service time of the service recipient - 20 minutes.

4

Form of rendering a state service

State registration of the termination of a legal entity, deregistration of a branch and representative office:
1. Termination of activity of a legal entity on the grounds of liquidation - electronic (fully automated)/paper;
2. Registration of termination of activity of a state enterprise privatised as a property complex – on paper;
3. Termination of activity in a compulsory manner shall be performed in a judicial order at the request of the body – on paper.

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.
When filing documents on the portal in the ‘personal cabinet’, a notification of state registration of termination of legal entities for small and medium-sized businesses or a motivated response on refusal to render a state service is sent in the form of an electronic document certified by the electronic digital signature (hereinafter - EDS) of the service provider.

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.
The amount of the registration fee shall be calculated at the rates pursuant to Appendix 4 to these Rules of Basic Requirements for Rendering State Services established by the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget (Tax Code)” and shall be paid prior to filing the relevant documents at the place of registration of the taxable facility.
Under Article 10 of the Law “On State Registration of Legal Entities and Record Registration of Branches and Representative Offices”, a corresponding fee shall be charged for the delivery of state services by commercial organisations and their branches and representative offices in compliance with the prices for goods (works, services) in the field of state registration of legal entities.
The state service shall be rendered free of charge to legal entities, excluding legal entities belonging to small and medium-sized businesses.
In case of filing an electronic request for a state service via the portal, payment shall be made through the payment gateway of ‘e-government’.

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.
2. Receipt of applications and issuance of ready results of state services shall be effected via the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends under the Labour Code.
Receipt shall be performed in the order of ‘electronic’ queue at the choice of the service recipient with a possibility to book an electronic queue via the portal.
3. Portal - round the clock, excluding technical interruptions due to repair works (when the service recipient applies after working hours, on weekends and public holidays, the application receipt and issuance of the result of the state service shall be made from the next working day pursuant to the Labour Code).

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:
To the State Corporation:
1. an application for registration of termination of activity of a legal entity, branch (representative office) in the form as per Appendix 1 hereto;
Service providers shall get digital documents via the mobile subscriber number of the user registered on the e-government web portal, subject to the consent of the owner of the document presented, through the implemented integration with the digital document service by assigning a one-time password or by sending a short text message in response to a notification on the e-government web portal.
A legal entity with state participation shall furnish an application with a mark of the registrar. The decision of the owner of the property of the legal entity or the body authorised by the owner or the body of the legal entity authorised by the constituent documents, affixed with the seal of the legal entity. If the legal entity is a private business entity, sealing of documents shall not be required.
2. a decision of the owner of the property of the legal entity or a body authorised by the owner or a body of the legal entity empowered by the constituent documents, affixed with the seal of the legal entity. If the legal entity is a private entrepreneur, it shall not be required to seal the documents;
3. a document confirming the publication of information on the liquidation of the legal entity, the procedure and terms for claiming claims by creditors in periodic printed publications distributed throughout the Republic of Kazakhstan;
4. a document confirming the payment; non-commercial organisation, which is a legal entity, for the state registration of termination of activity of the registration fee to the budget;
5. a document confirming the payment to the State Corporation ‘Government for Citizens’ for the state registration of the termination of a legal entity which is a commercial organisation, excluding legal entities which are small and medium-sized enterprises.
Application for state registration of liquidation of a legal entity shall be lodged with the registering authority upon expiry of two months from the date of publication of information on liquidation of a legal entity.
Registration of termination of activity of a state enterprise privatised as a property complex:
1. an application for state registration in the form established by the Ministry;
2. a decision of the Government of the Republic of Kazakhstan (local executive body) on privatisation of the state enterprise as a property complex;
3. a copy of the contract of sale and purchase of the property complex of the state enterprise;
4. a copy of the transfer act of the state enterprise;
5. the payment for state registration of a legal entity or record registration of a branch (representative office).
Termination of activity in a compulsory manner shall be made in a judicial procedure on the application of the body:
State registration of termination of activity of a legal entity, in respect of which a court has issued a decision on forced liquidation of the legal entity, shall be made based on such decision, which has entered into legal force.
For state registration of termination of activity of a state enterprise privatised as a property complex, the purchaser shall file the following documents:
1. an application for state registration in the form as per Appendix 1 hereto;
2. a decision of the Government of the Republic of Kazakhstan (local executive body) on privatisation of the state enterprise as a property complex. 3. a copy of the purchase and sale agreement of the property complex of the state enterprise;
3. a copy of the sale and purchase agreement of the property complex of the state enterprise;
4. a copy of the transfer act of the state enterprise;
5. a document confirming payment for state registration of a legal entity or record registration of a branch (representative office).
Upon receipt of the decision to liquidate a legal entity, the registering authority shall verify compliance with the liquidation procedure established by the legislative acts of the Republic of Kazakhstan, enter information on the liquidation of the legal entity in the National Register.
Based on the information of the National Register, the state revenue authorities shall furnish data on the absence (presence) of debt on a legal entity that ceases its activity, the records of which are kept in the state revenue authorities, or refuse to provide the said data on debt in the event of non-fulfilment of obligations by such legal entity in the manner stipulated by the legislation of the Republic of Kazakhstan. Should no infringements be revealed in the course of inspection of the liquidation procedure, the registration authority shall register the termination of the legal entity's activity within five working days following the day of filing an application for state registration of the legal entity's liquidation, with the required documents enclosed. State registration of termination of activity of a natural monopoly entity shall be effected by the registering authority with the prior consent of the authorised body exercising management in the spheres of natural monopolies.
In case of revealing breaches of the procedure for liquidation of a legal entity, as well as in cases where the liquidated legal entity has debts, the records of which are kept in the state revenue authorities, branches (representative offices) not deregistered, or refusal of the state revenue authorities to submit the said data on the debt, failure of such legal entity to fulfil its obligations in compliance with the procedure established by the legislation of the Republic of Kazakhstan, as well as in cases when branches (representative offices) that have not been deregistered shall be registered with state revenue authorities. In cases specified by the Tax and Customs Code, the registering authority shall issue a decision to refuse state registration of the termination of the activity of a legal entity.
A branch (representative office) shall be subject to deregistration on the grounds of:
1. an application in the form pursuant to Appendix 1 hereto;
2. regulations on the branch (representative office), excluding joint-stock companies;
3. a document confirming the payment to the budget of the registration fee for deregistration of a branch (representative office) of a legal entity which is a non-commercial organisation. 4. a document confirming the payment to the Government for Citizens State Corporation for deregistration of a branch (representative office) of a legal entity which is a commercial organisation;
4. a document confirming the payment to the Government for Citizens State Corporation for deregistration of a branch (representative office) of a legal entity which is a commercial organisation; 4. a document confirming the payment to the Government for Citizens State Corporation for deregistration of a branch (representative office) of a legal entity which is a commercial organisation.
Based on the data of the National Register, state revenue authorities shall present data on the absence (existence) of debt on the branch (representative office) of a foreign legal entity terminating its activity, for which records are kept with the state revenue authorities, or the branch (representative office) of a foreign legal entity terminating the activity of such branch (representative office) of a foreign legal entity shall refuse to submit the said data on debt in case of default on its obligations.
Deregistration of a branch (representative office) of a legal entity that has issued a decision to declare the debtor bankrupt and its liquidation with the initiation of bankruptcy proceedings shall be effected on the grounds of an effective court ruling on the completion of bankruptcy proceedings.
A branch (representative office) of a legal entity, in respect of which a court has ruled on forced liquidation of the legal entity, shall be deregistered based on such ruling, which has entered into legal force.
Should breaches of the procedure established by the laws of the Republic of Kazakhstan for the termination of a branch (representative office) of a legal entity be revealed, as well as in the presence of a debt on which records are kept with the state revenue authorities, or in the case of failure of such branch (representative office) of a foreign legal entity to discharge its obligations under the procedure established by the laws of the Republic of Kazakhstan, in the case of refusal of the state revenue authorities to grant the specified information on the debt, refusal to remove the branch (representative office) from registration by the registration authority in the order specified in the Tax and Customs Code, in case of detection of breaches of the procedure for termination of the branch (representative office) of a legal entity in accordance with the legislation of the Republic of Kazakhstan, it shall make a decision to terminate the activity of a legal entity on the grounds of liquidation:
On the portal:
An application for state registration of termination of a legal entity on the grounds of liquidation shall be filed for the state registration of termination of a legal entity, branch or representative office by filling in the form of an electronic document and payment of the registration fee via the payment gateway of ‘e-government’ accompanied by electronic copies of the documents envisaged by paragraph 9 of this List of Basic Requirements for the Delivery of the State Service.
The service provider and the employee of the State Corporation shall obtain details of the identity documents of the service recipient, the document confirming the payment of the registration fee by the service recipient (in case of payment via the EGPG) made in the territory of the Republic of Kazakhstan from the relevant state information systems via the ‘e-government’ gateway.

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;
2. existence of tax arrears, arrears on compulsory pension contributions and social contributions or refusal of state revenue authorities to grant the said data on arrears in case of non-fulfilment by such legal entity (branch or representative office of a foreign legal entity) of a tax obligation pursuant to the procedure established by the Tax Code.
3. finding that the documents filed by the service recipient to obtain a state service and (or) the data (information) contained therein are unreliable;
4. a negative response of the authorised state body to a request for approval required for the delivery of a state service, as well as a negative conclusion of an expert examination, research or inspection;
5. if in relation to the service recipient there is an enforceable court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of a state service.
6. if the service recipient is subject to an enforceable court judgement on the grounds whereby the service recipient is deprived of a special right due to the receipt of a state service;
7. absence of the service recipient's consent, granted under Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and their Protection”, to access to personal data of limited access, which are required for rendering a state service.

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.
The service recipient may obtain the state service in electronic form via the web portal of ‘e-government’ if he/she has an EDS.
The digital document service is available for authorised users in the mobile application
In order to use a digital document, it is required to be authorised in the mobile application using an electronic digital signature or a one-time password, then it is necessary to go to the "digital documents" section and select the required document. 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 ‘Personal Cabinet’ of the portal, reference services of the service provider, as well as the Unified Contact Centre ‘1414’, 8-800-080-7777.


  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;
2. an electronic copy of the decision or an extract from the decision of the authorized body of the legal entity on obtaining a duplicate of the charter (regulations), sealed with the seal of the legal entity (if any);
3. an electronic copy of a document confirming publication in a printed periodical, which contains information about the loss of the original charter (regulations)

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.
2. Lack of consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection," to access restricted personal data that shall be required for the provision of public services.

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.
The service recipient shall have the opportunity to obtain information about the procedure and status of the provision of public services in remote access mode through the "personal account" of the portal, the service provider’s help desks, as well as the Unified Contact Center "1414", 8-800-080-7777.

  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
“Issuance of a certificate of registration (re-registration) of legal entities, record registration (re-registration) of their branches and representative offices”
Name of the sub-type of the state service:
1. Issuance of a certificate of registration (re-registration);
2. Providing data on founders and shares in the authorised capital (including shares of foreign participation). 3;
3. Extract from the register of legal entities (from the National Register of Business Identification Numbers);
4. Providing details on the dismissal of the head of the legal entity.

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.
2. Applications shall be accepted and ready results of state services shall be issued via the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 6.00 p.m. without a break, on-duty service departments of the State Corporation from Monday to Friday inclusive from 9.00 a.m. to 8.00 p.m. and on Saturday from 9.00 a.m. to 1.00 p.m. excluding holidays and weekends in line with the Labour Code of the Republic of Kazakhstan.
3. the portal - round the clock, except for technical breaks due to repair works (when a service recipient applies after working hours, on weekends and public holidays according to the Labour Code of the Republic of Kazakhstan, the receipt of applications and issuance of the results of the state service shall be made on the next working day).

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.
The service recipient shall obtain the state service in electronic form via the portal provided that he/she has an electronic digital signature (hereinafter - EDS) or uses a one-time password in case of registration and connection of the service recipient's subscriber number granted by the mobile operator to the portal account.

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.
Conditions for third parties to receive the service: the service recipient shall obtain the state service in electronic form via the portal under the condition of having an EDS or using a one-time password, in case of registration and connection of the service recipient's subscriber number granted by the mobile operator to the portal account.


  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).

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