ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of November 22, 2018 No. 1549

About modification and amendments in some orders of the Minister of Justice of the Republic of Kazakhstan

I ORDER:

1. Bring the following changes and amendments in some orders of the Minister of Justice of the Republic of Kazakhstan:

1) ceased to be valid according to the Order of the Minister of Justice of the Republic of Kazakhstan of 11.04.2019 No. 184

2) in the order of the Minister of Justice of the Republic of Kazakhstan "About approval of standards of the state services in questions of registration of legal entities, branches and representations" of April 24, 2015 No. 233 (it is registered in the Register of state registration of regulatory legal acts for No. 11384, it is published on July 9, 2015 in information system of law of Ad_let) the following changes and amendments:

in the standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations", the approved specified order:

2) of item 4 to state the subitem in the following edition:

"2) on the portal - state registration of the legal entities relating to subjects of small and medium entrepreneurship, except for joint-stock companies, their branches (representations) appears within one hour of the working day from the moment of filing of application.

In cases of representation of incomplete document package, availability of shortcomings of them, need of obtaining according to constituent documents of the expert opinion (specialist), and also on other bases provided by legal acts of the Republic of Kazakhstan, the term of the state (accounting) registration of the legal entity, branch or representation is interrupted before elimination of the revealed shortcomings or receipt of the corresponding conclusion (examination).

The state (accounting) registration of banks, public and religious associations with the republican and regional statuses, including political parties, branches and representations of foreign and international non-commercial non-governmental associations, is made by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

State registration of public and religious associations with the local status, funds and associations of legal entities, accounting registration of branches and representations of public and religious associations in the respective area and the cities of Astana, Almaty and Shymkent is performed by Departments of justice of areas, cities of Astana, Almaty and Shymkent.

State registration of the created, reorganized legal entities, and accounting registration of branches and representations in the respective area, except those which are subject to registration in the Ministry regional departments of justice, the Ministries of Justice of the Republic of Kazakhstan exercise district (city) Justice departments.";

state Item 5 in the following edition:

"5. Form of rendering the state service: electronic/paper.";

state Item 6 in the following edition:

"6. Result of rendering the state service:

the certificate of state registration of the legal entity in form, according to appendix 1 and about accounting registration of branch (representation) in form, according to appendix 2 to this standard (further - the reference), or in writing motivated refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards.

In case of the address on the portal, the result of the rendering the state service in electronic form certified by the digital signature goes to "personal account" of uslugopoluchatel (further - the EDS).

Form of provision of result of rendering the state service: electronic/paper.

In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these standards, the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance in form, according to appendix 3 to this standard.";

state Item 7 in the following edition:

"7. The state service is rendered to for a fee legal entities, their branches (representations) (further - uslugopoluchatel), except for the legal entities belonging to subjects of small and medium entrepreneurship.

For rendering the state service the registration fee is established. The amount of the registration fee is estimated at the rates established by the Code of the Republic of Kazakhstan of December 25, 2017 "About taxes and other obligatory payments in the budget (Tax code)" according to appendix 4 to this standard and paid before submission of the relevant documents in place of registration of subject to taxation.

In case of giving of electronic request for receipt of the state service through the portal, payment is performed through payment gateway "the electronic government (further - PShEP).";

1) of Item 9 to state the subitem in the following edition:

"1) for state registration of legal entities:

statements in forms, according to appendices 5, 6, 7 and 8 (further - the statement) to this standard;

for state registration of legal entities which object of activity is rendering financial services are in addition provided permission of National Bank of the Republic of Kazakhstan;

for state registration of the legal entities belonging to subjects of the market, holding monopoly position in the corresponding goods market and also the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons, affiliirovanny with them, who will perform the activities in the territory of the Republic of Kazakhstan, except as specified, when such creation is directly stipulated in Article 172 Entrepreneurial codes of the Republic of Kazakhstan of October 29, 2015 is performed by registering body with the consent of antimonopoly authority;

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