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

of August 24, 2007 No. 243

About approval of Rules of introduction of the records for the purpose of error correction allowed in registration documents

(as amended on 31-07-2018)

For the purpose of implementation of the Law of the Republic of Kazakhstan "About state registration of the rights to real estate" and being guided by article 7 of the Law of the Republic of Kazakhstan "About judicial authorities", PRIKAZYVAYU:

1. Approve the enclosed Rules of introduction of the records for the purpose of error correction allowed in registration documents.

2. This order becomes effective from the date of official publication.

Acting Minister

Approved by the Order of the deputy. The Minister of Justice of the Republic of Kazakhstan of August 24, 2007 No. 243

Rules of introduction of the records for the purpose of error correction allowed in registration documents

Chapter 1. General provisions

1. These rules establish procedure for introduction of the records for the purpose of error correction allowed in registration documents.

1-1 Registering body is the Government for Citizens State corporation performing state registration in the location of real estate.

2. The mistakes made in case of registration improve at the initiative of registering body or according to the statement of the interested person according to the procedure, established by these rules taking into account rules, the stipulated in Clause 32 Laws of the Republic of Kazakhstan "About state registration of the rights to real estate".

Chapter 2. Error correction, the allowed in case of registration, not changing accessory, nature or content of the registered right

3. The mistakes made in case of registration, which are not changing accessory, nature or content of the registered right (encumbrance of the rights) can be corrected by registering body on own initiative with the written notice of all concerned parties.

4. Mark about the notification is given in registration leaf.

5. Copies of notifications are subject to storage in registration case.

Chapter 3. Error correction, influencing nature, accessory or content of the registered right

6. In those cases if error correction influences accessory, nature or content of the registered right (encumbrance of the right and other subjects to state registration), registering body notifies interested persons on need of introduction of such corrections. Introduction of corrections in the specified cases is allowed only in the presence of written consent of all interested persons certified notarially, or given to registering body personally.

7. The registrar, in day of sending the notification in subsection 3.1. registration leaf of the legal inventory makes entry about the beginning of the procedure of correction of mistake with reference to number of record to which it is supposed to make corrections.

8. The specified record is made in the following procedure:

In the column "Encumbrance Type" the entry "Mistake in ___" where number of record to which it is supposed to make corrections is specified is made";

In the column "Content" the entry "Process of Correction of Mistake ___" where the column in which data the mistake is made is specified is made;

These persons, submitted the application for correction of mistake are brought in the column "Owner";

In columns "Type mnozhestv. / Form general. It is right", "Share", "Amount" are not filled;

In the column "Term" the entry "one month" is made;

In the column "Emergence of Encumbrance", in column 10 "Name and document number", the entry "statement ____" where number of the statement for correction of mistake is specified is made and in brackets date of filing of application is specified. Then the record "notification ____" where basic data of the notification and in column 11 "Date and time reg are specified is made.; First name, middle initial, last name and signature reg." sending the notification is dated.

9. When interested persons refused consent on introduction of corrections or did not give the answer within one month from the moment of receipt of the notification, the registrar takes to court the statement for decision for introduction of corrections.

10. In case of the appeal of registering body to court for decision about introduction of corrections the registrar, according to the procedure, of stipulated in Item 8 these rules, makes also about it entry in subsection 3.1. registration leaf of the legal inventory.

11. After pronouncement by court of the decision on entering of corrections into registration leaf, registrar in general procedure closes (stops) records about the procedure of error correction and makes the corresponding corrections according to the procedure, provided by Chapters 4 or 5 of these rules.

Chapter 4. Procedure for error correction, allowed in Section 1 of registration leaf

12. When correction of the mistake made in Section 1 of registration leaf influences nature, accessory or content of the registered right, the error can be corrected in case of observance of the requirements provided by Chapter 3 of these rules.

13. When correction of the mistake made in Section 1 of registration leaf does not influence nature, accessory or content of the registered right, the error can be corrected in case of observance of the requirements provided by Chapter 2 of these rules.

14. In case of error correction in record of one or several identification characteristics of real estate object specified in the Section 1 "Identification Characteristic of the Real Estate" all records relating to this real estate object are crossed out.

15. Concerning this object in new line new records taking into account corrections of identification characteristics are made and in the column "Special Marks of the Registrar" record about the bases and date of corrections is made.

Chapter 5. Procedure for error correction, allowed in Sections 2 and 3 of registration leaf

16. When correction of the mistake made in Sections 2 and 3 of registration leaf influences nature, accessory or content of the registered right, the error can be corrected in case of observance of the requirements provided by Chapter 3 of these rules.

17. When correction of the mistake made in Sections 2 and 3 of registration leaf does not influence nature, accessory or content of the registered right, the error can be corrected in case of observance of the requirements provided by Chapter 2 of these rules.

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