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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

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) Rules of rendering 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) 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, 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 through the portal, the application in electronic form 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 act of authorized body on regulation, control and supervision of the financial market and the financial organizations according to article 6 of the Law "About State Registration of Legal Entities and Accounting Registration of Branches and Representations" (further - the Law).

8. State registration of the legal entity belonging to small business entity 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 (in case of the address through the State corporation) 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; 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).

In case of not compliance to the legislation of the submitted documents the executive in charge draws up the motivated order on refusal.

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 on 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 head of registration of legal entities within 15 minutes determines the executive in charge and transfers to him 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, 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).

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.

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 the decision, action (failure to act) of the service provider concerning rendering the state services can be submitted addressed to the head of the service provider, to authorized body by assessment and control of quality of rendering the state services, according to the legislation of the Republic of Kazakhstan.

25. 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.

26. 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.

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 ___________________________

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