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of July 10, 2008 No. 2

About some questions of application of the legislation on partnerships with the limited and accessorial liability

(as amended on 29-06-2018)

For the purpose of uniform application of the legislation governing the relations between participants of partnership with the limited and accessorial liability and the dispute resolutions connected with shares of participants, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. The legislation regulating activities of partnerships with the limited and accessorial liability, the rights and obligations of their participants is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan (further - group of companies), the Law of the Republic of Kazakhstan of April 22, 1998 No. 220-I "About partnerships with the limited and accessorial liability" (further - the Law) and other regulatory legal acts.

1-1. In part one of Article 27 of the Code of civil procedure of the Republic of Kazakhstan (further - GPK) determination of corporate disputes is revealed through subject and subject criteria.

Subjects of corporate dispute with participation of limited liability partnership are:

partnership as the legal entity on behalf of whom its body makes the decision;

officials of partnership - members joint or sole executive body, members of the supervisory board (Item 2 of article 41 of the Law, subitems 3), 5) and 10) Article parts one 27 GPK);

participants (founders) of partnership, including former;

persons who entered number of participants of partnership, owing to acquisition of share, according to the procedure, established by the Law (Article 22 and Item 2 of article 28 of the Law).

The methods of protection of the rights and legitimate interests of participants of corporate dispute listed in subitems with 1) on 10) to Article part one 27 GPK are not exhaustive. By legal acts of the Republic of Kazakhstan also different ways of protection of the rights can be provided.

According to Article part one 27 GPK corporate disputes are carried to cognizance of specialized interdistrict economic freighters and are subject to consideration according to the procedure of claim production.

In the presence of the arbitral agreement the corporate dispute can be submitted arbitration according to article 8 of the Law of the Republic of Kazakhstan of April 8, 2016 to No. 488-V "About arbitration".


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