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I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2020 No. 66

About approval of Rules of rendering the state services in the sphere of state registration of legal entities and accounting registration of branches and representations

(as amended on 12-10-2021)

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" PRIKAZYVAYU:

1. Approve:

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

2) Rules of rendering 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) Rules of rendering 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 3 to this order;

4) Rules of rendering 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 4 to this order;

5) Rules of rendering 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 5 to this order;

6) Rules of rendering 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 6 to this order;

7) It is excluded

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) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising Vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Acting minister of justice of the Republic of Kazakhstan

N. Pang

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of May 29, 2020 No. 66

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

Chapter 1. General provisions

1. Rules of rendering the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" (further - Rules) are developed according to the Law "About the State Services" and determines procedure for rendering the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" (further - the state service).

2. 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).

3. State registration of public and religious associations with the republican and regional statuses, including political parties, Republican notarial chamber, Republican Bar, Republican chamber of private legal executives, National chamber of entrepreneurs of the Republic of Kazakhstan, Chamber of court experts of the Republic of Kazakhstan, Arbitral chamber of Kazakhstan, Republican board of legal consultants, accounting registration of 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).

4. 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.

5. 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.

6. For the legal entities registered in the territory of the Republic of Kazakhstan, opening the structural divisions (branches and representations) outside the Republic of Kazakhstan the service provider provides the statement from the National register according to appendix of 8 these rules.

7. In case of state registration of the legal entity belonging to the subject of small and medium business and also in the case provided by part two of article 6-1  of the Law "About State Registration of Legal Entities and Accounting Registration of Branches and Representations" through the web portal of "the electronic government" the application electronically without fail is submitted for 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) according to the requirements established by the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" and regulatory legal acts of authorized body on regulation to control and supervision of the financial market and financial organizations.

The banks of the second level or organization performing separate types of the banking activities having the right to refuse opening of the bank account according to the Law of the Republic of Kazakhstan "About payments and payment systems".

8. State registration of the legal entity belonging to the subject of small and medium business is performed by means of submission of the electronic notification in form according to appendix of 9 these rules which is filled with the founder (founders) on the portal.

9. In case of electronic registration state registration of legal entities is performed based on the notification arriving in the state database "Legal entities" (further - GBD YUL) through the portal.

10. 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).

Chapter 2. Procedure for rendering the state service

11. For receipt of the state service physical and (or) legal entities (further - uslugopoluchatel) submit the application in form according to appendices 1, of 2, of 3, 4 and 5 to these rules (further - the statement) and document package according to the list provided in the standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" according to appendix 6 to these rules (further - the Standard) to the State corporation or on the web portal of "the electronic government": www.egov.kz (further - the portal).

12. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the Standard.

13. In case of documents acceptance the worker of the service provider verifies the identity document, or the electronic document from service of digital documents (for identification) uslugopoluchatel with the data containing in the state information systems then returns it to uslugopoluchatel.

14. In case of representation by uslugopoluchatel of incomplete document package and (or) documents with the expired effective period the service provider refuses documents acceptance with issue of the receipt in form according to appendix 7 to these rules.

15. In case of presentation of the service provider of complete document package to uslugopoluchatel the receipt on documents acceptance with indication of date and time of receipt of result of the state service is issued.

16. In case of receipt of documents for rendering the state service according to Items 3 and 4 of these rules the employee of office of the service provider performs documents acceptance according to the register and sends to management (department) of registration of legal entities.

The chief of the department (department) of registration of legal entities within 15 minutes determines the executive in charge and transfers to it to execution.

Executive in charge: checks the submitted documents for correctness of their creation (registration) on compliance to the current legislation of the Republic of Kazakhstan and in case of lack of the bases for refusal draws up the order on state registration of the legal entity, on accounting registration of branch (representation), enters data in the National register of business and identification numbers, draws up the certificate of state registration of the legal entity, of accounting registration of branch (representation) with the assigned business and identification number, draws up the case containing in one copy constituent and other documents after case registration (putting down of the corresponding stamps confirming assignment of BIN).

After consideration by the executive in charge the certificate of state registration of the legal entity, of accounting registration of branch (representation) with the assigned business and identification number, or the motivated order on refusal go for signing to management. The documents signed by management are transferred by the executive in charge to office of the service provider. The employee of office of the service provider transfers documents to the State corporation through the courier or sends to uslugopoluchatel by means of the portal.

17. In case of receipt of documents for rendering the state service according to Item 5 of these rules the employee of the State corporation accepts, checks the documents submitted by uslugopoluchatel and the accepted documents, go to the relevant division of the State corporation in the sphere of registration of legal entities.

The chief of the department (department) of registration of legal entities within 15 minutes determines the executive in charge and transfers to it to execution.

Executive in charge: checks the submitted documents for correctness of their creation (registration) on compliance to the current legislation of the Republic of Kazakhstan and in case of lack of the bases for refusal draws up the order on state registration of the legal entity, on accounting registration of branch (representation), enters data in the National register of business and identification numbers; draws up the certificate of state registration of the legal entity, of accounting registration of branch (representation) with the assigned business and identification number, draws up the case containing in one copy constituent and other documents after case registration (putting down of the corresponding stamps confirming assignment of BIN).

After consideration by the executive in charge the certificate of state registration of the legal entity, of accounting registration of branch (representation) with the assigned business and identification number, or the motivated order on refusal go for signing to management. The documents signed by management are transferred by the executive in charge to department of issue of the State corporation.

18. In the State corporation issue of ready documents is performed in case of presentation of the identity certificate (or his representative, the acting on the basis of the document issued according to the civil legislation of the Republic of Kazakhstan in which appropriate authority of the representative is specified).

The state corporation provides document storage, within 1 (one) month then transfers them to the service provider for further storage.

In case of the address of uslugopoluchatel after 1 (one) month, at the request of the State corporation the service provider within 1 (one) working day sends ready documents to the State corporation for issue to uslugopoluchatel.

19. In case of submission of documents on the portal - "to private office" the notification on state registration of legal entities for subjects of small and medium business or the motivated answer of the service provider about refusal in rendering the state service in electronic form certified by the EDS of the service provider goes.

20. 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 is interrupted before elimination of the revealed shortcomings or receipt of the corresponding conclusion (examination).

In case of identification of the bases for break of term of rendering the state service, the service provider interrupts the term of rendering the state service no more than for one month.

At the same time the service provider notifies uslugopoluchatel with indication of the reasons and the term of break.

The decision on break of state registration is made by the service provider from the moment of documents acceptance on state registration until issue of the document, but no later than the expiration of rendering service.

If within one month the circumstances which were the basis for break in registration are not eliminated, then the notification on refusal in rendering the state service is taken out no later than three working days before the termination of term of break.

21. In the presence of the bases for refusal in state registration of the legal entity, accounting registration of branch (representation) the service provider in the terms provided in article 11 of the Law in writing issues it motivated refusal in rendering the state service, on the bases specified in Item 9 of the Standard.

In case of decision about refusal in rendering the state service, the service provider within one day notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in three working days prior to completion of term of rendering the state service.

The objection of uslugopoluchatel according to the provisional solution is accepted by the service provider within 2 working days from the date of its obtaining.

By results of hearing the service provider makes the decision on state registration or creates motivated refusal in rendering the state service.

On the state services on which than three-day term for rendering is established less hearing is not carried out.

22. The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the sphere of informatization, according to the subitem 11) of Item 2 of article 5 of the Law "About the State Services".

23. In case of failure of information system GBD SPINNING TOPS the service provider without delay notifies the operator of information and communication infrastructure of "the electronic government" (further - the operator).

In this case the operator undertakes measures for determination of the reason of failure of information system and within 1 (one) working day constitutes the protocol (act) of technical issue and signs it the service provider.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials concerning rendering the state service

24. The claim to decisions, actions (failure to act) of the service provider and (or) their workers concerning rendering the state services moves addressed to the head of the service provider.

The claim of uslugopoluchatel which arrived to the service provider who is directly rendering the state service according to Item 2) of article 25 of the Law "About the State Services" is subject to consideration within five working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

In case of the address through the portal information on procedure for appeal can be obtained by phone single contact center concerning rendering the state services.

25. Consideration of the claim is performed by the authorized body exercising state regulation and control of activities in the sphere of state registration of legal entities and accounting registration of branches and representations, authorized body by assessment and control of quality of rendering the state services (further – the body considering the claim).

The claim is submitted to the service provider whose decision, action (failure to act) is appealed.

The service provider, whose decision, action (failure to act) is appealed, no later than three working days from the date of receipt of the claim sends it and administrative case to the body considering the claim.

At the same time the service provider whose decision, action (failure to act) is appealed, has the right not to send the claim to the body considering the claim if he within three working days makes the decision or other administrative action which are completely meeting the requirements specified in the claim.

If other is not provided by the law, then appeal to the court is allowed after appeal in pre-judicial procedure.

26. No. 884 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 12.10.2021

Appendix 1

to Rules of rendering the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations"

Form

Statement for the state (accounting) registration of the legal entity, branch (representation)

1. Form of the organization (specify in the corresponding cell x)

1) legal entity _________ 2) ________ branch

3) representation ________

2. Name of the legal entity, branch (representation)

_______________________________________________________________

3. Participation in the list of the legal entity, branch (representation)

foreign investors (specify in the corresponding cell x)

1) yes _____________ 2) is not present __________________

4. Location of the legal entity, branch (representation)

Registration code of the address: _____________ Postal index: _________

Area: _______________________________________

City, area, ___________________________________

The rural district, the area in the city: ____________________________________

Village, settlement __________________________________________________

Part of the settlement (street, avenue, etc.): ____________________

House number _________________, room: ____________________

Phone number: __________________ E-mail address: ________

5. F.I.O (in case of its availability) the head ___________________________

IIN ________________________,

6. Structure and the number of founders (specify in the corresponding cell x,

quantity in digital designation):

1) legal entity _____________ 2) _______________ physical person

Name of the legal entity __________________________________

BIN, analog of number of tax registration, or country code (for foreign

legal entity) ________________________________

Share in the authorized capital of % ________ Deposit amount (one thousand tenges) _______

First name, middle initial, last name (in case of its availability) _________________________ physical person

IIN, analog of number of tax registration, or country code (for foreign

physical person) __________________________________

Share in the authorized capital of % ________ Deposit amount (one thousand tenges) ______

If founders more than one data on them: First name, middle initial, last name (in case of its availability),

IIN, analog of number of tax registration, or country code (for physical person),

the name, BIN, analog of number of tax registration, or country code (for

the legal entity), and also their share in the authorized capital in percentage and cash

expression are put to the statement on the single sheet.

7. Specify code of main type of economic activity: _______

8. Registration as the payer of the VAT (specify in the corresponding cell x):

1) yes __________________ 2) is not present _____________________

9. Size of the authorized capital _____________________________________

10. The information about the legal entity creating branch (representation)

Legal entity (nonresident)

Name _______________________________________________

BIN, (in case of absence to specify analog of number of tax registration or code

countries) ______

11. The expected (approximate) number of busy persons ______________

12. The subject of private entrepreneurship (specify in the corresponding cell x):

1) subject of medium business ______________________

2) subject of large business _______________________________________

13. Creation of the legal entity is preceded by reorganization (specify in

to the corresponding cell x)

1) __________________ transformation 2) merge ____________________

3) allocation _______________________ 4) separation ____________

He agrees to uses of the data which are the secret protected by the law

containing in the information systems __________

Are enclosed to the application:

___________________________________________________

"____ " ________________ 20_goda

_______________________________________

First name, middle initial, last name (in case of its availability) and the signature of the applicant

Appendix 2

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

The statement for state registration of the economic partnerships performing the activities based on the standard charter

1. Name of the legal entity __________________________

___________________________________________________________________

2. Form of business (specify in the corresponding cell x):

1) complete partnership _____________

2) ___________________________ limited liability partnership

3) ____________________________________________ partnership in commendam

4) partnership with the accessorial liability _________________________

3. Participation in the list of foreign investors (specify in the corresponding cell x):

1) yes _________________ 2) is not present ____________________

4. The legal entity is the affiliated organization (specify in the corresponding cell x):

1) yes _______________ 2) is not present ____________

5. Location of the legal entity:

Registration code of the address: ____________________ Postal index: ___________

Area: __________________________________________________________

City, area, ____________________________________________________________

The rural district, the area in the city: ____________________________________________

Village, settlement ____________________________________________________________

Part of the settlement (street, avenue, etc.): ______________________________

House number _________________, room: _________________________________

Phone number: _________________ E-mail address: ___________

6. First name, middle initial, last name (in case of its availability) the head ______________________________

                         (with indication of this identity certificates and IIN)

7. Specify code of main type of economic activity: ___________________

8. Registration as the payer of the VAT (specify in the corresponding cell x):

1) yes __________________ 2) is not present _____________________________

9. Size of the authorized capital ________________________________

10. Structure and the number of founders (specify in the corresponding cell x,

quantity in digital designation):

1) legal entity _____________ 2) __________________ physical person

Name of the legal entity ____________________________________

__________________________________________________________________

                                    (with indication of BIN)

Share in the authorized capital of % _____ Deposit amount (one thousand tenges) ___________________

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