ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of October 31, 2016 No. 949

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246 "About approval of standards of the state services in questions of registration of the rights to real estate and registration of pledge of the personal estate which is not subject to obligatory state registration

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2015 No. 246 "About approval of standards of the state services in questions of registration of the rights to real estate and registration of pledge of the personal estate which is not subject to obligatory state registration" (registered in the Register of state registration of regulatory legal acts for No. 11408, published in information system of law of Ad_let of July 9, 2015) the following changes:

1) in the Standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate" approved by the specified order:

state Item 2 in the following edition:

"2. The standard of the state service "State Registration of the Rights (Encumbrances) to Real Estate" (further - the standard of the state service) is developed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry)";

9, 10 and 11 to state Items in the following edition:

"9. List of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (owner) or his representative:

for the legal entity according to the document confirming powers;

for physical person under the notarized power of attorney or other document confirming its powers:

in the State corporation:

for physical person:

1) the statement for state registration of the rights (encumbrances of the rights) to real estate of the established form according to appendix 2 to this standard of the state service;

2) the identity document of uslugopoluchatel (physical person) (the original is provided for identification of the identity of uslugopoluchatel);

3) the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land the identification document on the parcel of land is submitted.

In case of concession of the rights (requirements) for agreements of pledge of real estate the agreement on concession of the rights (requirements) is submitted (the agreement on simultaneous transfer of assets and obligations);

4) the document confirming payment in the budget of the amount of the registration fee, or the document confirming separate category of privileges and exempting from payment of charges;

for the legal entity:

1) the statement for state registration of the rights (encumbrances of the rights) to real estate of the established form according to appendix 3 to this standard of the state service;

2) the title document confirming subject to registration. In case of registration of the right (encumbrance) for the parcel of land the identification document on the parcel of land is submitted.

In case of concession of the rights (requirements) for agreements of pledge of real estate the agreement on concession of the rights (requirements) is submitted (the agreement on simultaneous transfer of assets and obligations);

3) the document confirming payment in the budget of the amount of the registration fee, or the document confirming separate category of privileges and exempting from payment of charges;

4) constituent documents;

5) protocols of meetings (the statement from them) founders (participants, the board of directors, shareholder council) on acquisition or alienation of real estate objects, in the cases provided by the Laws "About Joint-stock Companies" and "About State-owned Property" or constituent documents;

6) foreign legal entities represent the legalized statement from the trade register or other legalized document certifying that the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested transfer into the state and Russian languages.

If the registration application contains data that aggregate book value of the acquired or sold assets exceeds the sizes established by the antitrust law of the Republic of Kazakhstan, uslugopoluchatel the prior written consent of antimonopoly authority is represented.

The documents confirming origin, change and the termination of the rights to real estate, and other subjects to state registration are represented in duplicate, one of which is the original or notarially certified copy.

When the title document is the court resolution and in other cases when the original of the document is not issued to the owner, for registration two certified copies of such document are represented.

In the presence of the marriage agreement, this agreement is submitted in duplicate, one of which is the original or notarially certified copy.

For registration of the rights of other spouse, data on whom do not contain in the title document, the applicant who reached age of consent according to the Code of the Republic of Kazakhstan "About scrap (matrimony) and family" shall specify data on lack of the fact of condition in the marriage relations in the registration application or the information about the spouse with application of a copy of the document confirming availability of the marriage relations.

In case of electronic registration:

1) the request in electronic form certified by the EDS of the notary;

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