ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of June 26, 2019 No. 349

About approval of standards of the state services in questions of registration of legal entities, branches and representations

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", the Law of the Republic of Kazakhstan of April 2, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of business environment and regulation of trading activity" PRIKAZYVAYU:

1. Approve:

1) the Standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" according to appendix 1 to this order;

2) the Standard of the state service "State Re-registration of Legal Entities, Accounting Re-registration of Their Branches and Representations" according to appendix 2 to this order;

3) the Standard of the state service "Issue of the Certificate of Registration (Re-registration) of Legal Entities, about Accounting Registration (Re-registration) of Their Branches and Representations" according to appendix 3 to this order;

4) the Standard of the state service "Issue of the Duplicate of the Charter (Provision) of the Legal Entity Who Is Not Belonging to the Subject of Private Entrepreneurship, and also Joint-stock Company, Their Branches and Representations" according to appendix 4 to this order;

5) the Standard of the state service "State Registration of the Made Changes and Additions in Constituent Documents of the Legal Entity Who Is Not Belonging to the Subject of Private Entrepreneurship, and also Joint-stock Company, Regulations on Their Branches (Representations)" according to appendix 5 to this order;

6) the Standard of the state service "State Registration of the Termination of Activities of the Legal Entity, Removal from Accounting Registration of Branch and Representation" according to appendix 6 to this order;

7) the Standard of the state service "Issue of the reference from the state database "Legal entities" according to appendix 7 to this order.

2. Recognize invalid some orders according to appendix 8 to this order.

3. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2019 and is subject to official publication.

It is approved Minister of digital development, defense and aerospace industry of the Republic of Kazakhstan

_____________ A. Zhumagaliyev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of June 26, 2019 No. 349

Standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations"

Chapter 1. General provisions

1. The state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" (further - the state service).

2. The standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" (further - the Standard) is developed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears the Ministry of Justice and territorial authorities of justice concerning the legal entities, branches and representations which are non-profit organizations and The Government for Citizens State corporation (further - the State corporation) concerning the legal entities, branches and representations which are the commercial organizations (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed through:

1) State corporation;

2) the web portal of "the electronic government" www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service

4. Terms of rendering the state service from the moment of delivery of documents:

1) in the State corporation:

state registration of the legal entities belonging to subjects of private entrepreneurship, accounting registration of their branches (representations), except for joint-stock companies, their branches (representations) performing activities based on the charter which is not standard is made no later than one working day following behind day of filing of application with appendix of necessary documents;

state registration of the legal entities who are not belonging to subjects of private entrepreneurship, and also the joint-stock companies performing activities based on the charter which is not standard, except for political parties, accounting registration of their branches (representations) is made: no later than ten working days in the location of the service provider, no later than fifteen working days not in the location of the service provider, the necessary documents following behind day of filing of application with appendix;

state registration of political parties and accounting registration of their branches (representations) is made no later than one month from the date of filing of application with appendix of necessary documents.

The most allowed time of expectation for delivery of documents - no more than 15 minutes;

The most allowed time of servicing of uslugopoluchatel - no more than 20 minutes.

2) on the portal - state registration of the legal entities relating to subjects of small and medium business, 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 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 the created, reorganized legal entities, and accounting registration of branches and representations, 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, is performed by territorial authorities of justice.

State registration of the legal entities belonging to the commercial organizations and accounting registration of their branches and representations are performed by the State corporation.

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

6. Result of rendering the state service:

the certificate of state registration of the legal entity belonging to non-profit organization in form according to appendix 1, and the legal entity belonging to the commercial organization according to appendix 2, and also the certificate of accounting registration of branch (representation) of the legal entity belonging to non-profit organization in form according to appendix 3, and branch (representation) of the legal entity belonging to the commercial organization for form according to appendix 4 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 "private office" 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 5 to this standard.

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 business.

For rendering the state service in registration of non-profit organizations and their branches and representations 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 6 to this standard and paid before submission of the relevant documents in place of registration of subject to taxation.

For rendering the state service in registration of the commercial organizations and their branches and representations payment, according to goods prices (works, services) in the sphere of state registration of legal entities according to article 10 of the Law "About State Registration of Legal Entities and Accounting Registration of Branches and Representations" is levied.

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

8. Working schedule:

service providers:

1) in the Ministry and territorial authorities of justice - Monday through Friday inclusive from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the Labor code of the Republic of Kazakhstan;

2) in branches of the State corporation - Monday through Friday inclusive from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the Labor code of the Republic of Kazakhstan;

3) the State corporation on receiving and delivery of documents - Monday through Saturday inclusive, from 9:00 till 20:00 o'clock without interruption, except Sunday and holidays, according to the Labor code of the Republic of Kazakhstan.

Acceptance is performed according to the procedure of "electronic" queue, at the choice of uslugopoluchatel without the accelerated servicing, possibly booking of electronic queue by means of the portal.

4) the portal - round the clock, except for the technical breaks connected with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan reception of an application and issue of result of rendering the state service is performed the next working afternoon).

9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy):

in the State corporation:

1) for state registration of legal entities:

statements in forms, according to appendices 7 (the statement for the state (accounting) registration of the legal entity, branch (representation), 8 (the statement for state registration of the economic partnerships performing the activities based on the standard charter), 9 (the statement for state registration of the joint-stock company performing the activities based on the standard charter) and 10 (the statement for state registration of the production cooperative performing the activities based on the standard charter) (further - the statement) to this standard. Legal entities with participation of the state, submit the application with mark of registry holder.

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;

for state registration of legal entities, the medium and big business relating to the subject, the application is signed and moves the founder or one of founders or person authorized by the founder in cases when the single founder or one of founders are the foreigner or the foreign legal entity, the Government of the Republic of Kazakhstan either state bodies or National Bank of the Republic of Kazakhstan, with appendix of the constituent documents certified in notarial procedure in cases, stipulated in Article 6 in the Law of the Republic of Kazakhstan of April 17, 1995 "About state registration of legal entities and accounting registration of branches and representations";

for state registration of the legal entity belonging to the subject of medium business, the founder (founders) submits the application for state registration of the subject of medium business and opening of the bank account and for compulsory insurance of the worker from accidents (except as specified when the founder (founders) of the legal entity performs (perform) activities without introduction in employment relationships with physical persons) in form, according to appendix 11 to this Standard;

for state registration of legal entities, the private entrepreneurship which is not relating to the subject, the application is signed and moves in registering body the founder (founders) or person authorized on that with appendix of the constituent documents certified in notarial procedure in cases, the stipulated in Article 8 Laws of the Republic of Kazakhstan of May 13, 2003 "About joint-stock companies", by article 31 of the Law of the Republic of Kazakhstan of December 18, 2000 "About insurance activity" and article 25 of the Law of the Republic of Kazakhstan of August 31, 1995 "About banks and banking activity in the Republic of Kazakhstan";

1) joint-stock company:

the charter, except for the joint-stock company performing the activities based on the standard charter;

protocol of the constituent assembly, or decision of the single participant;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representative offices of non-commercial joint-stock company or the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

if the legal entity treats the subject 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 affiliated with them who will perform the activities in the territory of the Republic of Kazakhstan, except as specified, when creation is directly provided by the laws of the Republic of Kazakhstan is performed by registering body from prior consent of antimonopoly authority;

partnership in commendam:

the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

complete partnership:

the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

production cooperative:

the list of members of production cooperative with indication of surname, name, middle name (in case of its availability), IIN, residences;

the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

consumer cooperative:

charter;

foundation agreement;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

consumer cooperative the list of members of these cooperatives with indication of their surname, name, middle name (is submitted in case of its availability), IIN and residences - for citizens, and data on the location, bank details and BIN - for legal entities;

partnership with the accessorial liability:

the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

limited liability partnership:

the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

state company:

charter;

decision of the Government of the Republic of Kazakhstan or local executive body on creation of the company;

the document confirming payment in The Government for Citizens State corporation except for of the legal entities belonging to subjects of small and medium business.

public institution:

decision on creation of public institution;

provision (charter);

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

housing cooperative and housing cooperative:

charter;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations.

And building cooperatives also the list of members of these cooperatives with indication of their surname, name, middle name (is submitted housing in case of its availability), residences and IIN;

cooperative of owners of rooms (apartments):

the protocol of the constituent assembly of owners of rooms (apartments) in object of condominium or the protocol with sheets of vote following the results of written poll;

charter;

the document certifying the location of the legal entity *;

the state act of registration or re-registration of object of condominium, or the document confirming state registration of object of condominium with stamp of registering body;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations.

Bar:

the charter approved by the constituent assembly (conference) of members of Bar;

decision of authorized body on approval of the charter;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

notarial chamber:

the charter approved by the constituent assembly (conference) of board members of notarial chamber;

decision of authorized body on approval of the charter;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

fund:

charter;

the foundation agreement (in case of number of founders more than one);

decision of authorized body on approval of the charter;

decision of collegiate organ (board of trustees) on appointment of executive body;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

public association:

the charter accepted at constituent congress (conference, meeting);

the protocol of the constituent congress (conference, meeting) which accepted the charter signed by the chairman and the secretary of congress (conference, meeting);

the list of citizens initiators of public association with indication of surname, name, middle name (in case of its availability), IIN, residences, home and office phones, the personal signature;

the document confirming the location of public association *;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

In case of registration of political parties are in addition represented:

party program;

lists of party members as a part of which there shall be at least forty thousand party members representing structural divisions (branches and representations) of batch in all areas, the city of republican value and the capital numbering at least six hundred party members in each of them with indication of surname, name, middle names (in the presence), IIN, residential addresses;

Note:

For creation of political party the organizing committee for creation of political party represents to registering body the notification on intention of creation of political party in form, according to appendix 12 to this Standard, and also according to article 6 of the Law of the Republic of Kazakhstan "About political parties":

1) the list of initiative group of citizens on creation of political party and the information about members of organizing committee on electronic and paper carriers in form, according to appendix 13 to this Standard;

2) the protocol of meeting of organizing committee in which are specified the purpose of its creation, the expected name of political party, the location, expected sources of forming and use of money and other property of organizing committee, and also the information about members of organizing committee authorized to open the settlement account for forming of means of organizing committee and to sign civil contracts for ensuring its activities.

The registering body in day of receipt of the notification and the documents provided by subitems 1), 2) of this Item issues to the authorized person of organizing committee confirmation about submission of documents in form, according to appendix 14 to this Standard, confirming their representation.

In case of registration of political parties are in addition represented:

party program;

lists of party members as a part of which there shall be at least forty thousand party members representing structural divisions (branches and representations) of batch in all areas, the city of republican value and the capital numbering at least six hundred party members in form, according to appendix 15 to this standard on electronic and paper carriers;

consolidation of legal entities in the form of association (union), consolidation of individual entrepreneurs and legal entities, consolidation of individual entrepreneurs:

charter;

the foundation agreement signed by all founders of consolidation;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

chamber of auditors:

charter;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

religious consolidation:

the charter of religious consolidation signed by the head of religious consolidation;

protocol of the constituent assembly (congress, conference);

the list of citizens initiators of the created religious consolidation on electronic and paper carriers in form, according to appendix 16 to this Standard;

the document confirming the location of religious consolidation;

the printed religious materials opening history of origin and fundamentals of dogma and containing data on the religious activities corresponding to it;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

the decision on election of the head of religious consolidation or in case of appointment of the head the foreign religious center the document confirming coordination with authorized body;

In case of registration of regional religious consolidation are in addition represented the participant list of each of the local religious associations initiating creation of regional religious associations in the form established by registering body and also notarially certified copies of charters of their local religious associations;

the religious consolidation having the leading center outside the republic in addition represents:

the copy of the charter of the foreign center with notarially certified translation in the Kazakh and Russian languages;

the statement from the register or other document certifying that the religious center is legal entity by the legislation of the country with notarially certified translation in the Kazakh and Russian languages.

charters (provisions) of the spiritual educational institutions, mosques, monasteries and other religious associations founded by religious managements (centers) affirm these religious managements (centers);

for registration the decision of authorized body of religious management (center) on their creation is submitted;

organization:

decision of the owner on creation of organization;

provision (charter);

the foundation agreement or the similar agreement (in case of number of owners (founders) more than one);

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations;

chamber of appraisers:

charter;

decision of authorized body on creation of the legal entity;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info