of April 12, 2007 No. 112
About approval of the Instruction for state registration of legal entities and accounting registration of branches and representations
In pursuance of the Laws of the Republic of Kazakhstan "About state registration of legal entities and accounting registration of branches and representations" and "About national registers of identification numbers", PRIKAZYVAYU:
1. Approve the enclosed Instruction for state registration of legal entities and accounting registration of branches and representations.
2. This order becomes effective after ten calendar days after the first official publication.
3. Assignment of business and identification number will be performed since August 13, 2007.
4. It is excluded
5. No. 223 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 19.06.2013
Minister
Z.Baliyeva
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 12, 2007
1. This Instruction for state registration of legal entities and accounting registration of branches and representations (further - the Instruction) disaggregates activities of the Ministry of Justice of the Republic of Kazakhstan and territorial authorities of the Ministry of Justice of the Republic of Kazakhstan (further - registering body) on state registration of the created, reorganized, reregistered, liquidated legal entities and accounting registration, re-registration, removal from accounting registration of the branches and representations located in the territory of the Republic of Kazakhstan.
2. The state (accounting) registration of legal entities (branches and representations) includes:
check of compliance of the documents submitted on the state (accounting) registration, to the legislation of the Republic of Kazakhstan;
issue of the certificate of the state (accounting) registration with appropriated business - identification number (further - BIN);
entering of information about legal entities (branches and representations) in the National register of business and identification numbers (further - the National register).
In case of registration questions of feasibility of formation of legal entity, opening of branch or representation are not taken into account, the aim of control and intervention in its production and economic and financial activities is not pursued.
3. State registration of legal entities and accounting registration of branches and representations are performed for the purpose of:
certificates of the fact of creation, re-registration, registration of the made changes and additions in constituent documents, reorganization and liquidations of the legal entity, and also creation, accounting re-registration, registration of the made changes and additions in documents and removals from accounting of branches and representations;
accounting of the created, re-registered, reorganized and liquidated legal entities and also created who passed accounting re-registration and struck off the register of branches and representations in the territory of the Republic of Kazakhstan;
maintaining the National register;
implementation of public information on legal entities, their branches and representations (except for information which is official or trade secret) according to the procedure, established by the legislation of the Republic of Kazakhstan.
4. All legal entities created in the territory of the Republic of Kazakhstan irrespective of the purposes of their creation, sort and nature of their activities, the list of participants (members) are subject to state registration.
Branches and representations of legal entities located in the territory of the Republic of Kazakhstan are subject to accounting registration without acquisition of right of the right of the legal entity by them.
State registration of legal entities and accounting registration of branches and representations are performed by judicial authorities (registering body).
The state (accounting) registration, re-registration and registration of liquidation of banks, 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, re-registration, liquidation of public and religious associations with the local status, funds and associations of legal entities, accounting registration, re-registration, removal from accounting of branches and representations of public and religious associations in the respective area and the cities of Astana, Almaty and Shymkent is performed by Departments of justice of areas, cities of Astana, Almaty and Shymkent.
The state (accounting) registration, re-registration and registration of liquidation) the created, reorganized and liquidated legal entities, accounting registration (re-registration and removals from accounting registration) of branches and representations in the respective area, the cities of Astana, Almaty and Shymkent, except those which are subject to registration in the Ministry the Ministries of Justice of the Republic of Kazakhstan exercise district (city) Justice departments.
5. The registering body performs forming of the National register, containing data about the created, reorganized and liquidated legal entities, branches and representations.
Maintaining the National register is made by accounting and updating of data on legal entities, branches and representations.
6. For registration of the legal entity of subjects of medium and big business, and also non-profit organizations in registering body are provided:
1) the statement in form according to appendix 1 to this Instruction, for the subjects of medium and big business performing the activities based on the Standard charter - the statement in forms according to appendices 2, 3 and 4 to this Instruction;
2) the list of constituent and other documents according to appendix 5 to this Instruction.
The application for registration of the legal entity is signed and moves in registering body according to the procedure, the stipulated in Article 6 Laws of the Republic of Kazakhstan "About state registration of legal entities and accounting registration of branches and representations" (dalee-Zakon).
Registration of legal entities with foreign participation is made according to the procedure, established for registration of legal entities of the Republic of Kazakhstan. Except the documents provided by the Law if other is not established by the international treaties ratified by the Republic of Kazakhstan in addition are represented:
1) the legalized statement from the trade register or other legalized document certifying that the founder - the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested translation in the Kazakh and Russian languages;
2) the passport copy or other identity document of the founder - the foreigner, with notarially attested translation in the Kazakh and Russian languages.
7. 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 registering body provides the statement from the National register according to appendix 6 to this Instruction.
8. Constituent documents of joint-stock companies, and also statements for registration of the subject of the private entrepreneurship (except for the economic partnerships which are subjects of small and medium business) performing the activities based on the Standard charter are presented in the Kazakh and Russian languages in the strung together and numbered form in triplicate and notarially make sure.
Constituent documents of the legal entities who are not belonging to subjects of private entrepreneurship are presented in the Kazakh and Russian languages in the strung together and numbered form in triplicate.
9. Charters of the legal entities relating to subjects of private entrepreneurship, provision of their branches and representations, except for charters of joint-stock companies, provisions of their branches and representations in case of state registration are not represented.
10. In cases, stipulated by the legislation the Republic of Kazakhstan, registration of the legal entity whose object of activity is rendering financial services in addition requires permission of National Bank.
State registration of the subjects of the market holding monopoly position in the corresponding goods market and also the state companies, legal entities whose more than fifty percent of shares (shares) belong to the state and the persons affiliated with them performing the activities in the territory of the Republic of Kazakhstan, except as specified when such creation is directly provided by the laws of the Republic of Kazakhstan is performed by registering body from prior consent of antimonopoly authority.
At the same time the receipt or other document confirming payment in the budget of the registration fee for state registration of the legal entity, except for the legal entities belonging to subjects of small and medium business are represented to registering body.
11. The statement for state registration of the legal entity can be presented in registering body by means of the Internet in the form of the electronic document.
The application form for state registration of the legal entity is filled in and moves on the web portal of "the electronic government" (www.egov.kz) and is signed by the digital signature.
Payment of the registration fee is performed through payment gateway of "the electronic government".
12. 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 7 to this Instruction, 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 8 to this Instruction;
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 9 to this Instruction, confirming their representation.
In case of registration of political party lists of members of political party on electronic and paper carriers in form, according to appendix 10 to this Instruction are provided.
13. For state registration of religious consolidation the application is submitted to registering body in two-month time from the moment of decision making about creation of religious consolidation. The documents specified in Item 3 of article 12 of the Law of the Republic of Kazakhstan "About religious activities and religious associations" are enclosed to the application.
The list of citizens initiators of the created religious consolidation is provided in form according to appendix 11 to this Instruction.
14. 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, and also notarially certified copies of charters of their local religious associations.
15. The registering body no later than three working days from the date of decision making about break of term of state registration (re-registration) sends to authorized body for religion of the copy of the documents necessary for the organization of conducting theological examination and verification of lists of citizens initiators of creation of religious consolidation.
16. By results of verification of the submitted documents on compliance to the legislation, the carried-out theological expertize, verification of the list of citizens initiators of creation of religious consolidation the decision on state registration or on refusal in state registration of religious consolidation is made.
17. To the expiration of year from the date of registration republican religious associations for confirmation of the status represent to the Ministry of the copy of documents, confirming passing of accounting registration by their structural divisions (branches and representations) in territorial authorities of justice. In case of failure to carry out of these requirements republican religious consolidation is subject to reorganization or liquidation according to the procedure, established by the laws of the Republic of Kazakhstan.
18. Reorganization of the legal entity is made in the following cases:
1) merges;
2) accessions;
3) transformations;
4) separations;
5) allocations.
19. In case of merge, accession and transformation of the legal entity to registering body are represented:
1) in case of merge and transformation of the statement in forms, according to appendices 1, 2, 3, 4 to this Instruction, in case of accession of the statement in forms according to appendices 12, 13, 14, 15, 16, 17, 20 to this Instruction;
2) the decision of the owner of property of the legal entity or the body authorized by the owner, founders (participants), the decision of the body authorized by constituent documents of the legal entity, under seal the legal entity (except for subjects of private entrepreneurship) about reorganization, or the judgment, in the cases provided by legal acts of the Republic of Kazakhstan;
3) the transfer act with indication of regulations on legal succession according to obligations of the reorganized legal entity approved by the owner of property of the legal entity or the body which made the decision on reorganization of the legal entity and the decision of authorized body of the legal entity on approval of the transfer act;
4) the document confirming the written notice of creditors of reorganization of the legal entity with indication of date about receipt of the notification by creditors and under seal legal person creditor (except for subjects of private entrepreneurship), or with appendix of the mail notification of obtaining;
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The document ceased to be valid since May 5, 2019 according to Item 1 the Order of the Minister of Justice of the Republic of Kazakhstan of 11.04.2019 No. 184