RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 26, 2022 No. 715

About approval of the Regulations on maintaining the register of fair entrepreneurs of the Kyrgyz Republic

For the purpose of implementation of the Presidential decree of the Kyrgyz Republic "About increase in the status and image of entrepreneurs of the Kyrgyz Republic" of July 1, 2022 212, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides No.:

1. Approve Regulations on maintaining the register of fair entrepreneurs of the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

The Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 26, 2022 is approved No. 715

Regulations on maintaining the register of fair entrepreneurs of the Kyrgyz Republic

1. General provisions

1. This Regulations on maintaining the register of fair entrepreneurs of the Kyrgyz Republic (further - the Provision) are developed according to the Presidential decree of the Kyrgyz Republic "About increase in the status and image of entrepreneurs of the Kyrgyz Republic" of July 1, 2022 No. 212.

2. This Provision regulates the legal basis of creation, activities and procedure for maintaining the register of fair entrepreneurs of the Kyrgyz Republic (further - the Register).

2. Procedure for maintaining Register

3. Maintaining the Register is performed by Chamber of Commerce and Industry of the Kyrgyz Republic (further - registry holder) on the basis of the data provided by subjects of entrepreneurship of the Kyrgyz Republic.

Forming of policy on maintaining the Register is performed by authorized body on development of entrepreneurship in the Kyrgyz Republic.

4. Inclusion in the Register and exception of the Register of subjects of entrepreneurship is performed on the basis of the decision of the permanent interdepartmental commission on selection of subjects of entrepreneurship of the Kyrgyz Republic.

5. The structure and the Regulations of the above-stated permanent interdepartmental commission affirms the decision of the Cabinet of Ministers of the Kyrgyz Republic.

6. Subjects of entrepreneurship physical persons and legal entities of the Kyrgyz Republic of all patterns of ownership, irrespective of their form of business, engaged in business activity are recognized.

7. The register is kept in electronic form in form according to appendix 1 to this Provision.

8. The register is posted in open access on the official site of registry holder and contains the information about fair entrepreneurs.

9. Inclusion in the Register is performed according to the statement of the subject of entrepreneurship of the Kyrgyz Republic on voluntary and non-paid basis.

10. The information provided by subjects of entrepreneurship is subject to inclusion in the Register within fifteen working days from the date of receipt according to the criteria provided in Item 19 of this provision.

11. Responsibility for reliability of the data provided for inclusion in the Register is born by the subject of entrepreneurship.

12. For refining of the data provided by the subject of entrepreneurship and enclosed to the application of documents, the registry holder has the right to request missing data and documents.

13. The subject of entrepreneurship in case of change of the data containing in the Register directs up-to-date information (in paper or electronic type) to registry holder for entering of corresponding changes into the Register.

3. Procedure for provision of information by subjects of entrepreneurship

14. The subject of entrepreneurship of the Kyrgyz Republic for inclusion in the Register files in registry holder petition in form according to appendix 3 to this Provision.

15. Documents are enclosed to the application:

for legal entities:

1) copies of the certificate on state registration (re-registration);

2) copies of constituent documents;

3) the documents confirming lack of debts on obligatory payments in the budget;

4) the information about staff employees in form according to appendix 2 to this Provision;

5) data on the paid taxes for the last three years, in national currency;

for physical persons:

1) passport copy;

2) copy of the patent of the individual entrepreneur;

3) the documents confirming lack of debts on obligatory payments in the budget;

4) the information about staff employees in form according to appendix 2 to this Provision;

5) data on the paid taxes for the last three years, in national currency.

16. Subjects of entrepreneurship represent data in registry holder:

1) once in three years;

2) in case of change of own data containing in the Register according to Item 15 of this provision.

17. The information about subjects of entrepreneurship presented in the paper and electronic form is stored according to the procedure, the established legislation of the Kyrgyz Republic on archiving.

18. The registry holder shall provide maintaining on permanent basis of the following magazines:

- register of incoming documents;

- register.

19. The registry holder chooses method of maintaining magazines and other registers depending on amount of transaction and opportunities of the software:

- on paper - in the form of the magazine;

- in the computer program - in the form of the spreadsheet.

4. Criteria for inclusion of the entrepreneur in the Register

20. The entrepreneur can be included in the Register in case of observance of the following requirements:

1) implementation of business activity at least 3 years at the time of inclusion in the Register;

2) revenue total volume for the last 12 months, within the last 3 years in a row:

- the small business entity - does not exceed 8000000 som;

- the subject of medium business - exceeds 8000000 som, but no more than 30000000 som constitute the amount;

- the subject of big business - exceeds 30000000 som;

3) increase in growth rate of annual amount of payable taxes and insurance premiums on average by 5% within the last 3 years;

4) the average number of workers with whom employment contracts are signed and insurance premiums according to the legislation on the national social insurance for the last 3 years are paid:

- small enterprises - no more than 25 employees;

- medium scale enterprises - at least 25 employees;

- large enterprises - more than 70 employees;

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