ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2013 No. 1570

About approval of standards of the state services in questions of registration of legal entities, branches and representations

According to the subitem 3) of article 6 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" the Government of the Republic of Kazakhstan DECIDES:

Approve enclosed:

1) standard of the state service "State Registration of Legal Entities, Accounting Registration of Branches and Representations";

2) standard of the state service "State Re-registration of Legal Entities, Accounting Re-registration of Their Branches and Representations";

3) standard of the state service "Issue of the Certificate of Registration (Re-registration) of Legal Entities, about Accounting Registration (Re-registration) of Their Branches and Representations";

4) standard of the state service "Issue of the Duplicate of the Charter (Provision) of the Legal Entity Who Is Not Belonging to the Subject of Private Entrepreneurship, and also Joint-stock Company, Their Branches and Representations";

5) standard of the state service "State Registration of the Made Changes and Additions in Constituent Documents of the Legal Entity Who Is Not Belonging to the Subject of Private Entrepreneurship, and also Joint-stock Company, Regulations on Their Branches (Representations)";

6) standard of the state service "State Registration of the Termination of Activities of the Legal Entity, Removal from Accounting Registration of Branch and Representation";

7) the standard of the state service "Issue of the reference from the state database "Legal entities".

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of December 31, 2013, No. 1570

Standard of the state service "State Registration of Legal Entities, Accounting Registration of Branches and Representations"

1. General provisions

1. The state service "State Registration of Legal Entities, Accounting Registration of Branches and Representations" (further - the state service).

2. The standard of the state service is developed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears Committee of registration service and rendering the Ministry to legal assistance and territorial authorities of justice (further - the service provider).

Reception of applications and issue of result of rendering the state service is performed through:

1) service provider;

2) the republican state company on the right of economic maintaining "Service center of the population" of Committee on control of automation of the state services and coordination of activities of service centers of the population of the Ministry of Transport and Communications of the Republic of Kazakhstan (further - the center);

3) web portal of "the electronic government": www.e.gov.kz (further - the portal).

The state service through the portal is rendered for the legal entities belonging to small business entities on condition of availability at the applicant of the digital signature (further - the EDS).

In case of rendering the state service electronically state registration of the legal entities belonging to small business entities is performed based on the notification arriving in the state database "Legal entities" through the portal automatically.

2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the moment of delivery of document package to the service provider:

state registration of the legal entities belonging to subjects of private entrepreneurship, accounting registration of their branches (representations), and also state registration of legal entities - members of regional financial center of the city of Almaty, (except for joint-stock companies, their branches (representations) performing activities based on the charter which is not standard), is made no later than one working day following behind day of filing of application with appendix of necessary documents;

state registration of the legal entities who are not belonging to subjects of private entrepreneurship, and also the joint-stock companies performing activities based on the charter which is not standard (except for political parties, accounting registration of their branches and representations) is made no later than ten working days following behind day of filing of application with appendix of necessary documents.

State registration of political parties and accounting registration of their branches (representations) is made no later than one month from the date of filing of application with appendix of necessary documents.

In the center the service provider provides result of rendering the state service a day before the termination of term of rendering the state service.

The most allowed time of expectation for delivery of documents - no more than 15 minutes;

the most allowed time of servicing of uslugopoluchatel - no more than 15 minutes;

2) on the portal - state registration of the legal entities belonging to small business entities is performed in notifying procedure and it appears within one working day.

5. Form of rendering the state service: electronic (partially automated) and (or) paper.

6. Result of rendering the state service:

the certificate of state registration of the legal entity, of accounting registration branch, representations in form the established by the Government of the Republic of Kazakhstan or motivated refusal in rendering the state service on paper in cases and on the bases, stipulated in Item 14 these standards;

on the portal "v lichny kabinet" the notification on state registration of the legal entity belonging to small business entity or in electronic form, certified by the EDS uslugopoluchatel goes.

7. The state service is rendered for a fee.

For rendering the state service the registration fee is established. The amount of the registration fee is estimated at the rates in the established Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget (Tax code)" according to appendix 1 to this standard and paid before submission of the relevant documents in place of registration of subject to taxation.

In case of giving of electronic request for receipt of the state service through the portal payment is performed through payment gateway of "the electronic government".

8. Working schedule:

1) service providers:

in Committee of registration service and rendering legal assistance (further - Committee) - Monday through Friday inclusive from 9:00 till 18:30 o'clock, except for days off and holidays, with lunch break from 13:00 till 14:30 o'clock;

in territorial authorities of justice - Monday through Friday inclusive from 9:00 till 18:30 o'clock, with break from 13:00 till 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

2) the center - Monday through Saturday inclusive, from 9:00 till 20:00 o'clock without interruption, except days off and holidays, according to the labor law of the Republic of Kazakhstan and according to the established working schedule.

The state service is rendered in turn, without making an appointment and the accelerated servicing.

3) the portal - round the clock (except for technical breaks, in connection with carrying out technical works).

9. The list of the documents necessary for rendering the state service (except for registration of the legal entities belonging to small business entities) in case of the address of uslugopoluchatel (or his representative by proxy) to the service provider or in the center:

1) the statement in the form established by the Ministry according to appendices 2, 3, 4, and 5 to this standard;

2) charter or provision of the legal entity or provision of branch and representation;

charters (provisions) of the legal entities relating to subjects of medium and big business, their branches and representations, except for charters (provisions) of joint-stock companies of their branches and representations are not provided;

3) the protocol of the constituent assembly (for public and religious associations - conference, congress) which accepted the charter signed by the chairman and the secretary of meeting (conference, congress) or the decision of authorized body of the legal entity or founder on creation of the legal entity;

4) the receipt or the document confirming payment in the budget of the amount of the registration fee;

5) the identity document of the head (individual identification number) and the founder of the legal entity (if founder is the legal entity - business and identification number) (except for founders of economic partnerships in which maintaining the register of participants of economic partnership is performed by the professional participant of the security market having license for activities on maintaining system of registers of security holders);

6) public associations in addition provide the list of citizens initiators with indication of surname, to name, middle names, numbers, month, year of birth, individual identification number, the residence, home and office phones, the personal signature;

7) religious associations in addition provide the list of citizens initiators and governing body of the created religious consolidation with indication of surname, to name, middle names, numbers, month, year of birth, individual identification number and data on the document proving the identity, the residence, home and office phones of the personal signature on electronic and paper carriers; the printed religious materials opening history of origin and fundamentals of dogma, and containing data on the religious activities corresponding to it;

8) political parties in addition provide the party program; lists of party members as a part of which there shall be at least forty thousand party members representing structural divisions (branches and representations) of batch in all areas, the city of republican value and the capital numbering at least six hundred party members in each of them with indication of surname, name, middle names, month, year of birth, the document number proving the identity of the citizen of the Republic of Kazakhstan, individual identification number, the residential address;

9) legal entities, belonging to subjects of medium and big business with foreign participation if other shall be not established by the international treaties ratified by the Republic of Kazakhstan in addition are provided:

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 into the Kazakh and Russian languages;

the passport copy or other identity document of the founder foreigner, with notarially attested translation into the Kazakh and Russian languages;

10) in cases, stipulated by the legislation the Republic of Kazakhstan, are in addition provided:

for legal entities, object of activity which is rendering financial services provides permission of National Bank of the Republic of Kazakhstan;

for legal entities who are subjects of the market of holding the dominating or monopoly position in the corresponding goods market, and also the state companies, legal entities, more than fifty percent of shares (shares in the authorized capital) which belong to the state, and persons, affiliirovanny with them, who will perform 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 prior consent of antimonopoly authority is required;

legal entities who are subjects of natural monopolies require prior consent of the authorized body exercising control and regulation of activities in spheres of natural monopolies;

consumer cooperatives the list of members of these cooperatives with indication of their surname, name, middle name, year of birth and residence - for citizens, and data on the location, bank details and data on state registration - for legal entities in addition is submitted;

rural consumer cooperatives of water users the list of members of cooperative with indication of surname in addition is submitted, to name, middle names, the residence and data of the identity document (individual identification number), and also the name and the location of legal entities with indication of business and identification number, also data about availability at members of cooperative of water users of the irrigated lands of agricultural purpose;

and housing cooperatives the list of members of these cooperatives with indication of their surname, name, middle name, year of birth, individual identification number and the residential address is also submitted housing;

11) in case of state registration of the legal entity belonging to the subject of medium and big business, the application is signed and moves in registering body the founder or one of founders or person authorized by the founder in cases when the single founder are the foreigner or the foreign legal entity, the Government of the Republic of Kazakhstan either state bodies or National Bank, with appendix of the constituent documents certified in notarial procedure in the cases provided by legal acts of the Republic of Kazakhstan.

In case of state registration of the legal entity who is not belonging to the subject of private entrepreneurship, the application is signed and moves in registering body the founder (founders) or person authorized on that with appendix of the constituent documents certified in notarial procedure in the cases provided by legal acts of the Republic of Kazakhstan;

12) the application on accounting registration of branch (representation) is signed by person, the authorized legal entity creating branch (representation) and sealed the legal entity.

Regulations on branch (representation) of legal entities affirm the legal entity, shall provide the copy of the charter (provision) and the power of attorney of the legal entity (except for branches (representation) of public and religious associations), issued to the head of branch (representation).

Accounting registration of branches (representations) of foreign legal entities is made according to the procedure, established by legal acts of the Republic of Kazakhstan for accounting registration of branches (representations) of legal entities of the Republic of Kazakhstan. Except the documents provided by this procedure if other is not established by the international treaties ratified by the Republic of Kazakhstan in addition the legalized statement from the trade register, constituent documents or other legalized document of the foreign legal entity, confirmatory are represented that the foreign legal entity creating branch (representation) is legal entity by the legislation of foreign state, and also the document confirming tax registration in the country of incorporation of the foreign legal entity with indication of number of tax registration (or its analog). Documents of the foreign legal entity creating branch (representation) are represented with notarially attested translation into the Kazakh and Russian languages.

During creation of branch (representation) by the state company the document confirming the consent of National Bank of the Republic of Kazakhstan or authorized body on management of state-owned property (local executive body) on creation of branch (representation) is in addition submitted.

10. The constituent documents constituted in the state and Russian languages are provided in the strung together and numbered type, in triplicate and make sure according to the procedure, established by the legislation of the Republic of Kazakhstan.

11. In case of documents acceptance the worker of the service provider or the center verifies the documents specified in the subitem 5) of Item 9 of this standard with the information provided from the state information system of state body in case of discrepancy, documents return to uslugopoluchatel.

In the centers documents acceptance is performed in the operational hall by means of "barrier-free" servicing.

In case of documents acceptance by the centers the receipt on acceptance of the relevant documents is issued to uslugopoluchatel with indication of:

1) numbers and dates of acceptance of request;

2) type of required state service;

3) quantities and names of the enclosed documents;

4) dates, time and place of issue of documents;

5) surnames, name, middle name of the employee of the center which adopted the statement on document creation;

6) surnames, name, middle name of the applicant, surname, name, middle name of the authorized representative, and their contact telephone numbers.

In the center issue of ready documents to uslugopoluchatel is performed by the employee of the center by means of "windows" daily based on the receipt in the time specified in it.

In cases if the uslugopoluchatel did not address for result of the state service in the specified time, the center provides their storage within one month then transfers them to the service provider.

12. State registration of the legal entity can be made based on the electronic application submitted by means of the Internet, according to the procedure, determined by the Ministry.

13. For state registration of the legal entity belonging to small business entity in registering body by the founder (founders) the notification on the beginning of implementation of business activity by means of filling of the electronic document in the form established by the Ministry moves and it is filled in on the web portal of "the electronic government".

Payment of the registration fee is performed through payment gateway of "the electronic government" and the electronic copy of the receipt or other document confirming payment in the budget of the registration fee for state registration of the legal entity is attached to the notification on the beginning of implementation of business activity.

Charters (provisions) of the legal entities belonging to small business entities of their branches and representations in the course of state registration are not represented.

State registration of the legal entities belonging to small business entities with foreign participation is made according to the procedure, established for registration of the legal entities of the Republic of Kazakhstan belonging to small business entities. If other be not established by the international treaties ratified by the Republic of Kazakhstan in addition are provided:

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 into the Kazakh and Russian languages;

the passport copy or other identity document of the founder foreigner, with notarially attested translation into the Kazakh and Russian languages.

Confirmation about adoption of the notification on the beginning of implementation of business activity is issue of the certificate of state registration of the legal entity belonging to small business entity.

In case of the address on the portal sending electronic request is performed from "private office" of the applicant. The inquiry is automatically sent in the addressee of the service provider according to the chosen service.

In case of the address on the portal the notification - the report on acceptance of request with indication of date and time of receipt of result of the state service goes to "private office" of uslugopoluchatel.

14. The bases for refusal in rendering the state service (except for the legal entities belonging to small business entities) are:

1) violations of procedure for creation of the legal entity identified by legal acts of the Republic of Kazakhstan, discrepancy of constituent documents to the law of the Republic of Kazakhstan;

2) if the legal entity or the single founder (participant) of the legal entity is the idle legal entity;

3) if the physical person which is the founder (participant) and (or) the head of the legal entity is the single founder (participant) and (or) the head of the idle legal entities and (or) acknowledged incapacitated or is limited capable, and (or) is acknowledged unknown absent, and (or) is declared the dead, and (or) has the outstanding or not removed criminal record for crimes under the articles 192 "Lzhepredprinimatelstvo", 216 "Deliberate bankruptcy" and 217 "False bankruptcy" of the Criminal Code of Kazakhstan;

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