ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 30, 2014 No. 37

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

For the purpose of implementation of the subitem 2) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", PRIKAZYVAYU:

1. Approve enclosed:

1) Regulations of the state service "State Registration of Legal Entities, Accounting Registration of Branches and Representations" according to appendix 1 to this order;

2) Regulations of the state service "State Re-registration of Legal Entities, Accounting Re-registration of Their Branches and Representations" according to appendix 2 to this order;

3) Regulations 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" according to appendix 3 to this order;

4) Regulations 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" according to appendix 4 to this order;

5) Regulations 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)" according to appendix 5 to this order;

6) Regulations of the state service "State Registration of the Termination of Activities of the Legal Entity, Removal from Accounting Registration of Branch and Representation" according to appendix 6 to this order;

7) Regulations of the state service "Issue of the reference from the state database "Legal entities" according to appendix 7 to this order.

2. Recognize invalid:

1) the subitem 3) Item 1 of the order of the Minister of Justice of the Republic of Kazakhstan of November 29, 2012 No. 389 "About approval of regulations of electronic state services" (registered in the Register of state registration of regulatory legal acts for No. 8133);

2) the order of the Minister of Justice of the Republic of Kazakhstan of November 29, 2012 No. 392 "About approval of regulations of the state services in the sphere of registration of legal entities" (registered in the Register of state registration of regulatory legal acts for No. 8171).

3. To impose control of execution of this order on the Chairman of Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance Abishev B. T.

4. To provide to committee of registration service and rendering legal assistance in the procedure established by the legislation state registration of this order and its official publication.

5. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 30, 2014 No. 37

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

1. General provisions

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

The state service is rendered based on the Standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" approved by the order of the Government of the Republic of Kazakhstan of December 31, 2013 No. 1570 (further - the Standard) by 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 results of rendering the state service is performed through:

1) 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);

2) service provider;

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

In case of electronic registration state registration of legal entities is performed based on the notification arriving in the state database "Legal entities" through the portal automatically.

Through the portal on condition of availability the applicant of the digital signature (further - the EDS) has state registration of the legal entity for small business entities.

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

3. Result of rendering the state service: the certificate of state registration of the legal entity, of accounting registration of branch, representation with the assigned business and identification number, or motivated refusal in rendering the state service on paper in cases and on the bases, stipulated in Item 14 Standards;

on the portal - "to private office" the notification on state registration of legal entities for small business entities or the motivated answer of the service provider about refusal in rendering the state service in electronic form certified by the EDS of the service provider goes.

2. The description of operations procedure of structural divisions (workers) of the service provider in the course of rendering the state service

4. The basis for the procedure (action) for the state service is the statement of uslugopoluchatel in electronic form or in paper form.

5. In case of receipt to the service provider of documents for registration of the legal entity, accounting registration of branch, representation the employee of the accumulative room of the service provider performs documents acceptance according to the register and sends to department of registration of legal entities. Duration of acceptance and document transfer no more than 30 minutes.

The head of department of registration of legal entities within 15 minutes determines the executive in charge and transfers to it to execution.

Executive in charge:

1) checks completeness of packet of the submitted documents and correctness of their creation (registration) for compliance to the current legislation of the Republic of Kazakhstan;

2) is drawn up by the order on state registration of the legal entity, on accounting registration of branch, representation, or the motivated order on refusal;

3) enters data in the National register of business and identification numbers;

4) draws up the certificate of state registration of the legal entity, of accounting registration of branch, representation, with the assigned business and identification number.

Duration of consideration and document creation by the executive in charge constitutes:

in case of 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;

in case of 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) it is made no later than ten working days following behind day of filing of application with appendix of necessary documents;

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

After consideration by the executive in charge the certificate of state registration of the legal entity, of accounting registration of branch, representation, with the assigned business and identification number, or motivated refusal go for signing to management of authorized body. Duration of consideration constitutes one working day.

The documents signed by management are transferred by the executive in charge to accumulative department of the service provider.

The employee of accumulative department of the service provider transfers documents to the Center through the courier.

On the portal:

1) from "private office" of uslugopoluchatel reception of applications and document package on registration, their primary check;

2) implementation of legal examination of the submitted documents;

3) consideration of documents management and their preparation for sending the notification - the report on acceptance of request with indication of the date of receipt of result of the state service for "private office" of uslugopoluchatel.

3. The description of order of interaction of structural divisions (workers) in the course of rendering the state service

6. The list of the structural divisions of the service provider participating in process of rendering the state service:

1) the inspector of the Center - receiving and delivery of documents;

2) the inspector of accumulative department of the Center - constitutes the register and sends to authorized body;

3) the service provider - examination of the documents provided on the state (accounting) registration (re-registration) of the legal entity, branch (representation).

7. The description of the sequence of procedures (actions) between structural divisions (employees with indication of duration of each procedure) are specified in appendix 1 to these regulations.

4. The description of order of interaction with service center of the population and (or) other service providers, and also procedure for use of information systems in the course of rendering the state service

8. In the Center documents acceptance is performed in the operational hall by means of "barrier-free servicing" on which surname, the name, middle name and position of the employee of the Center are entered.

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

The most allowed time of servicing of uslogopoluchatel - no more than 15 minutes;

For receipt of the state service the service provider provides the documents specified in Item 9 of the Standard.

In case of documents acceptance in the Center the receipt on acceptance of the relevant documents according to Item 11 of the Standard is issued to the receiver of the state service.

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