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

of May 29, 2015 No. 301

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

In compliance with the subitem 2) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", PRIKAZYVAYU:

1. Approve:

1) Regulations of the state service "State Registration of Legal Entities, Accounting Registration of Their 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, 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 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 the sphere of registration of legal entities" (it is registered in the Register of state registration of regulatory legal acts on January 31, 2014 No. 9117, it is published in information system of law"? d_lt" on March 17, 2014).

2) the order of the Minister of Justice of the Republic of Kazakhstan of June 19, 2014 No. 214 "About entering of amendments into the 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 the sphere of registration of legal entities" (it is registered in the Register of state registration of regulatory legal acts on July 1, 2014 No. 9549, it is published in information system of law of Ad_let on July 4, 2014).

3. To impose control of execution of this order on the deputy minister of justice of the Republic of Kazakhstan Abd_rayy B. Zh.

4. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan 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 May 29, 2015 No. 301

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" 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 Minister of Justice of the Republic of Kazakhstan of June 26, 2019 No. 349 (it is registered in the Register of state registration of regulatory legal acts No. 18916) (further - the Standard), the Ministry of Justice and territorial authorities of justice concerning the legal entities, branches and representations which are non-profit organizations and The Government for Citizens State corporation (further - the State corporation) concerning the legal entities, branches and representations which are the commercial organizations (further - the service provider).

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

1) State corporation;

2) 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.

Through the portal state registration of the legal entities relating to subjects of small and medium business, except for joint-stock companies, their branches (representations) on condition of availability at uslugopoluchatel of the digital signature (further - the EDS), within one hour of the working day from the moment of filing of application is performed.

2. Form of rendering the state service: electronic/paper.

3. Result of rendering the state service: the certificate of state registration of the legal entity belonging to non-profit organization in form according to appendix 1, and the legal entity belonging to the commercial organization according to appendix 2, and also the certificate of accounting registration of branch (representation) of the legal entity belonging to non-profit organization in form according to appendix 3, and branch (representation) of the legal entity belonging to the commercial organization for form according to appendix 4 to the Standard (further - the reference), or in writing motivated refusal in rendering the state service in cases and on the bases, stipulated in Item 10 Standards.

on the portal - "to private office" the notification on state registration of legal entities for subjects of small and medium business 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 from the State corporation of documents for state registration of the legal entity, accounting registration of branch (representation) the employee of accumulative department of the service provider performs documents acceptance according to the register and sends to management (department) of registration of legal entities. Duration of acceptance and document transfer no more than 30 minutes.

The chief of the department (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), except for joint-stock companies, their branches (representations) performing activities based on the charter which is not standard it is made within 5 hours, 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 (representations) is made within 10 working days in the location of the service provider, within 15 working days not in the location of the service provider, the necessary documents following behind day of filing of application with appendix;

in case of state registration of political parties and accounting registration of their branches (representations) it is made within 20 working days 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 in writing motivated refusal go for signing to management. Duration of consideration constitutes 2 hours.

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 State corporation 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:

The inspector of the State corporation - accepts 1) and issues documents;

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

3) the employee of accumulative department of the service provider performs documents acceptance according to the register and sends to management (department) of registration of legal entities;

4) the chief of the department (department) of registration of legal entities accepts documents according to the register and distributes on contractors;

5) the executive in charge of management (department) of registration of legal entities - carries out expertize of the documents provided on the state (accounting) registration of the legal entity, branch (representation);

6) the head of the service provider signs documents.

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

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

8. In the State corporation documents acceptance is performed in the operational hall by means of "barrier-free servicing" on which surname, the name, middle name (are entered in case of its availability) and position of the employee of the State corporation.

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

The most allowed time of servicing of uslugopoluchatel - no more than 20 minutes.

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