RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of March 31, 2023 No. 178

About approval of the Regulations on procedure for state registration of legal entities, branches (representations)

According to Articles 86-98 of the Civil code of the Kyrgyz Republic, 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:

1. Approve Regulations on procedure for state registration of legal entities, branches (representations) according to appendix.

2. To the Ministry of Justice of the Kyrgyz Republic in accordance with the established procedure to take the necessary measures following from this resolution.

3. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Cabinet of Ministers of Administration of the Kyrgyz Republic.

4. This resolution is subject to official publication and becomes effective since April 3, 2023.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 31, 2023 No. 178

Regulations on procedure for state registration of legal entities, branches (representations)

1. General provisions

1. This Provision governs the relations arising in case of state registration (re-registration) and registration of the termination of activities of legal entities, branches (representations) in the territory of the Kyrgyz Republic.

2. State registration (re-registration), registration of the termination of activities of legal entities, branches (representations) (further - registration) - the action of authorized state body performed by means of entering into the Unified State Register of Legal Entities, branches (representations) (further - the state register) data on creation, reorganization, re-registration and the termination of activities of legal entities, branches (representations), and also other data provided by this Provision.

3. Registration, according to this Provision, are subject all legal entities, branches (representations), except as specified, when the legislation of the Kyrgyz Republic for these or those legal entities, branches (representations) provides other order of registration.

4. Registration is performed for the purpose of:

- certificates of the fact of creation, modification and amendments of the state register, and also terminations of activities of legal entities, branches (representations);

- accounting of the legal entities registered (re-registered) and stopped activities, branches (representations);

- maintaining the state register;

- provisions to the interested physical persons and legal entities of information on the legal entities registered (re-registered) and stopped activities, branches (representations).

5. Registration of legal entities, branches (representations) is performed by the single authorized body determined by the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers), and its territorial authorities (further - registering body).

Registration of legal entities, branches (representations) is made by territorial authorities of authorized body regardless of legal address, except for political parties.

Registration of political parties is made by authorized body.

2. General order of registration of legal entities, branches (representations)

6. Documents in case of registration of legal entities, branches (representations) are represented to registering body by the applicant.

Registration of legal entities, branches (representations) can be made electronically according to the procedure, determined by the Cabinet of Ministers.

7. The following persons can act as applicants:

- the founder (founders) in case of registration of the legal entity;

- head of executive body of the legal entity, branch (representation) or head of the founder of branch (representation);

- the head of liquidation commission (liquidator) in case of registration of the termination of activities of the legal entity;

- the other person who is acting on the basis of the power of attorney.

8. The applicant has the right to appeal to registering body about preliminary check of trade name of the legal entity, branch (representation) according to the procedure, determined by registering body.

8-1. The registering body shall check availability of words, terms, determinations of religious nature which use is not allowed in trade name of the legal entity according to the list approved by the Cabinet of Ministers.

9. Legal entities, branches (representations) shall use in the trade name in the state and official languages respectively only letters of the Kyrgyz and Russian alphabets, and in English - letters of the Latin alphabet.

10. The registration application is signed by the applicant. Form and requirements imposed to contents of the registration statement affirm registering body.

11. In case of registration documents of the legal entity, branch (representation) are represented to registering body in the state or official language.

12. The registering body provides accounting and document storage, provided by the applicant in case of registration.

13. In case of registration the requirement of any other documents and data, except provided by this Provision, is forbidden.

14. The charter, the foundation agreement and provision are not subject to submission to registering body, except for constituent documents of the financial credit institutes and other organizations licensed and (or) regulated by National Bank of the Kyrgyz Republic (further - financial credit institutes), non-profit organizations and branches (representations) of financial credit institutes, the foreign and international organizations.

15. The commercial organization has the right to perform the activities based on the standard charters or charters drafted and approved by the commercial organization independently.

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