Unofficial translation
In accordance with subparagraph 1) Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" ORDER:
1. To approve:
1) Rules for the provision of public services "State registration of legal entities, registration of their branches and representative offices" in accordance with Appendix 1 to this order;
2) Rules for the provision of public services "State re-registration of legal entities, registration re-registration of their branches and representative offices" in accordance with Appendix 2 to this order;
3) Rules for the provision of public services "State registration of amendments and additions to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint stock company, regulations on their branches (representative offices)" according to Appendix 3 to this order;
4) Rules for the provision of public services "State registration of the termination of the activities of a legal entity, deregistration of a branch and a representative office" according to Appendix 4 to this order;
5) Rules for the provision of public services "Issuance of a duplicate of the charter (regulations) of a legal entity that does not belong to a private enterprise, as well as a joint stock company, their branches and representative offices" according to Appendix 5 to this order;
6) Rules for the provision of public services "Issuance of a certificate of registration (re-registration) of legal entities, of registration (re-registration) of their branches and representative offices" according to Appendix 6 to this order;
7) Rules for the provision of public services "Issuance of a certificate from the state database" Legal entities "in accordance with Appendix 7 to this order;
2. To recognize as invalid some orders in accordance with Appendix 8 to this order.
3. The Department of Registration Service and Organization of Legal Services of the Ministry of Justice of the Republic of Kazakhstan, in the manner prescribed by law, shall ensure:
1) state registration of this order;
2) posting this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Justice of the Republic of Kazakhstan.
4. This order shall be enforced upon the expiration of ten calendar days after the day of its first official publication.
Acting Minister of Justice of the Republic of Kazakhstan |
N. Pan |
"AGREED"
Ministry of Digital Development,
innovation and aerospace
Republic of Kazakhstan
Appendix 1 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules
for the provision of the public service "State registration of legal entities, registration of their branches and representative offices"
Chapter 1. General Provisions
1. The rules for the provision of public services "State registration of legal entities, registration of their branches and representative offices" (hereinafter referred to as the Rules) are developed in accordance with The law "On state services" and determines the procedure for rendering the state service "State registration of legal entities, registration of their branches and representative offices" (hereinafter referred to as the state service).
2. The state service is provided The Ministry justice and territorial bodies justice in relation to legal entities, branches and representative offices that are non-profit organizations and State corporation "Government for Citizens" (hereinafter - the State Corporation) in relation to legal entities, branches and representative offices that are commercial organizations (hereinafter - the service provider).
3. State registration of public and religious associations with republican and regional statuses, including political parties, Republican Notary Chamber, Republican Collegium of Advocates, Republican Chamber of Private Enforcement Agents, National Chamber of Entrepreneurs of the Republic of Kazakhstan, Chamber of Forensic Experts of the Republic of Kazakhstan, Arbitration Chamber of Kazakhstan, Republican Collegium of Legal Advisers, record registration of branches and representative offices of foreign and international non-profit associations shall be carried by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
Footnote. Clause 3 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. State registration of established, reorganized legal entities, and registration of branches and representative offices, public and religious associations with local status, foundations and associations of legal entities, registration of branches and representative offices of public and religious associations are carried out by territorial bodies of justice.
5. State registration of legal entities related to commercial organizations and their registration branches and representative offices are carried out by the State Corporation.
6. For legal entities registered on the territory of the Republic of Kazakhstan, opening their structural divisions (branches and representative offices) outside the Republic of Kazakhstan, the service provider provides an extract from National Register according to Appendix 8 of these Rules.
7. When state registration of a legal entity related to a small and medium-sized business entity, as well as in the case provided for in part two Articles 6-1 Of the Law "On State Registration of Legal Entities and Record Registration of Branches and Representative Offices", through the "electronic government" web portal, an application must be submitted in electronic form for opening a bank account and for compulsory employee insurance against accidents (except for cases when the founder (founders) of a legal entity carries out (carries out) activities without entering into labor relations with individuals) in accordance with the requirements established The law Of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of his labor (official) duties" and regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.
Second-tier banks or organizations carrying out certain types of banking operations have the right to refuse to open a bank account in accordance with The law Of the Republic of Kazakhstan "On payments and payment systems".
Footnote. Clause 7 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 30.09.2020 No. 430 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).8. State registration of a legal entity classified as a small and medium business entity shall be carried out by submitting an electronic notification in the form in accordance with Appendix 9 of these Rules, which is filled in by the founder (founders) on the portal.
Footnote. Clause 8 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).9. In the case of electronic registration, the state registration of legal entities is carried out on the basis of a notification received in the state database "Legal entities" (hereinafter referred to as SD LE) through the portal.
10. When accessing the portal, the result of the provision of public services in the form of electronic is sent to the "personal account" of the service recipient document certified electronic digital signature (hereinafter - EDS).
Chapter 2. The procedure for the provision of public services
11. To receive public services, individuals and (or) legal entities (hereinafter referred to as the service recipient) submit an application in the form in accordance with applications 1,2,3,four and 5 to these Rules (hereinafter referred to as the application) and a package of documents according to the list provided for in the state service standard "State registration of legal entities, registration of their branches and representative offices" in accordance with Appendix 6 to these Rules (hereinafter referred to as the Standard) to the State Corporation or to web portal "Electronic government": www.egov.kz (hereinafter referred to as the portal).
12. The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the Standard.
13. When accepting documents, the employee of the service provider shall verify the document, proving the identity or an electronic document from the service of digital documents (for identification) of the service recipient with the information contained in the state information systems, and then return it to the service recipient.
Footnote. Clause 13 – as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).14. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider refuses to accept documents with the issuance of a receipt in the form according to Appendix 7 to these Rules.
15. Upon presentation of the full package of documents by the service provider, the service recipient is issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
16. Upon receipt of documents for the provision of state service in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider's office shall accept documents in accordance with the register and send them to the registration department (office) of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
The responsible officer shall: verify the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan and if there are no grounds for the refusal, draw up an order on state registration of a legal entity, on record registration of a branch (representative office), enter information into the National Register of business identification numbers, draw up a certificate of state registration of a legal entity, record registration of a branch (representative office) with the assigned business identification number, draw up a case containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the BIN assignment).
After consideration by the responsible executor, a certificate of state registration of a legal entity, of the record registration of a branch (representative office) with an assigned business identification number, or a motivated refusal order shall be sent to the management for signing. The documents signed by the management are transferred by the responsible executor to the office of the service provider. An employee of the service provider's office shall transfer the documents to the State Corporation through a courier or send them to the service recipient through the portal.
Footnote. Clause 16 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).17. Upon receipt of documents for the provision of state service in accordance with paragraph 5 of these Rules, the employee of the State Corporation shall accept, verify the documents submitted by the service recipient and the accepted documents, shall be sent to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
Responsible officer shall: verify the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan of the Republic of Kazakhstan and if there are no grounds for the refusal, draw up an order on state registration of a legal entity, on record registration of a branch (representative office), enter information into the National Register of business identification numbers; draw up a certificate of state registration of a legal entity, record registration of a branch (representative office) with the assigned business identification number, draw up a case containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the BIN assignment).
After consideration by the responsible executor, a certificate of state registration of a legal entity, record registration of a branch (representative office) with an assigned business identification number, or a motivated refusal order shall be sent to the management for signing. The documents signed by the management shall be transferred by the responsible executor to the issuance department of the State Corporation.
Footnote. Clause 17 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).18. In the State Corporation, the issuance of ready-made documents is carried out upon presentation of an identity card (or his representative acting on the basis of a document issued in conformity with civil legislation of the Republic of Kazakhstan, which indicates the corresponding powers of the representative).
The state corporation ensures the storage of documents for 1 (one) month, after which it transfers them to the service provider for further storage.
When the service recipient applies after 1 (one) month, at the request of the State Corporation, the service provider within 1 (one) business day sends the finished documents to the State Corporation for issuance to the service recipient.
19. In the case of submission of documents on the portal, a notification is sent to the personal account of the state registration of legal entities for small and middle entrepreneurship or a reasoned response from the service provider about the refusal to provide public services in the form of an electronic document, certified by the service provider's EDS.
20. In cases of submission of an incomplete package of documents, the presence of deficiencies in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds, stipulated by the legislative acts of the Republic of Kazakhstan, the period of state (record) registration shall be suspended until the identified deficiencies are eliminated or an appropriate conclusion (expertise) is received.
If there are grounds for suspension of provision of a state service, the service provider shall suspend the provision of a state service for the period of no more than one month.
In this case, the service provider shall notify thereof the service recipient indicating the reasons and the period for suspension.
Decision on suspending the state registration shall be made by the service provider from the time of acceptance of documents for state registration until the time of issuance of the document, but no later than expiration of the period of provision of service.
If within one month the circumstances that served as the basis for suspension in registration are not eliminated, then a notification of refusal to provide a state service shall be issued no later than three working days before the end of the suspension.
Footnote. Clause 20 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).21. If there are grounds for the refusal of the state registration of a legal entity, record registration of a branch (representative office), the service provider within the time limits provided for in Article 11 of the Law, in writing, shall issue him a motivated refusal to provide the state service, on the grounds specified in paragraph 9 of the Standard.
When making a decision on refusal to provide a state service, the service provider, within one day, shall notify the service recipient of the preliminary decision on refusal to provide the state service, as well as the time and place of the hearing in order to be able to express to the service recipient the position on the preliminary decision.
Notice of hearing shall be sent at least three working days before the end of the term for the provision of the state service.
The objection of the service recipient upon a preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a motivated refusal to provide the state service.
For state services for which a period of less than three days is set for the provision, a hearing shall not be held.
Footnote. Clause 21 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).22. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner established authorized body in the field of informatization, in accordance with subparagraph 11) paragraph 2 article 5 of the Law "On public services".
23. In the event of a failure of the information system of the SDB LE, the service provider immediately notifies operator information and communication infrastructure of "electronic government" (hereinafter - the operator).
In this case, the operator takes measures to determine the cause of the failure of the information system and, within 1 (one) business day, draws up a protocol (act) on the technical problem and signs it by the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
24. A complaint against the decision, actions (inaction) of the service provider and (or) its workers on the provision of state services shall be filed in the name of the head of the service provider.
A complaint of the service recipient, received to the address of the service provider directly providing the state service, in accordance with paragraph 2) of Article 25 of the Law “On State Services” shall be subject to consideration within five working days from the date of its registration.
A complaint of the service recipient, received to the address of the authorized body for assessing and monitoring the quality of the provision of state services shall be subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the unified contact center for the provision of state services.
Footnote. Clause 24 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).25. Consideration of a complaint shall be carried out by an authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and record registration of branches and representative offices, an authorized body for assessing and monitoring the quality of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction) is appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is appealed, shall be entitled not to send the complaint to the body considering the complaint, if he/she within three working days makes decision or other administrative action, which fully meet the requirements, specified in the complaint.
Unless as otherwise is provided by the law, applying to the court shall be allowed after appealing through the pre-trial process.
Footnote. Clause 25 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).26. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Appendix 1 to the Rules provision of state services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
Application for state (accounting) registration of a legal entity, branch (representative office)
1. Form of organization (indicate in the appropriate cell x)
1) legal entity _________
2) branch ________
3) representation ________
2. Name of the legal entity, branch (representative office)
_______________________________________________________________
3. Participation in a legal entity, branch (representative office)
foreign investors (indicate in the appropriate box x)
1) yes _____________ 2) no __________________
4. Location of a legal entity, branch (representative office)
Address Registration Code: _____________ Postal Code: _________
Region: _______________________________________
City, district, ___________________________________
Rural district, city district: ____________________________________
Village, settlement __________________________________________________
Part of the settlement (street, avenue, etc.): ____________________
House number _________________, room: ____________________
Phone number: __________________ Email address: ________
5. Full name (if any) of the head ___________________________
IIN ________________________,
6. The composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _____________ 2) individual _______________
Name of the legal entity __________________________________
BIN, an analogue of the tax registration number, or country code (for a foreign
legal entity) ________________________________
Share in the authorized capital% ________ Deposit amount (thousand tenge) _______
FULL NAME. (if any) of an individual _________________________
IIN, analogue of the tax registration number, or country code (for a foreign
natural person) __________________________________
Share in the authorized capital% ________ Deposit amount (thousand tenge) ______
If the founders have more than one information about them: (if available),
IIN, analogue of the tax registration number, or country code (for an individual),
name, BIN, analogue of the tax registration number, or country code (for
legal entity), as well as their share in the authorized capital in interest and monetary
expression is attached to the application on a separate sheet.
7. Indicate the code of the main type of economic activity: _______
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _____________________
9. The size of the authorized capital _____________________________________
10. Information about the legal entity creating a branch (representative office)
Legal entity (non-resident)
Name _______________________________________________
BIN, (if absent, indicate an analogue of the tax registration number or a code
country) ______
11. Expected (approximate) number of employed people ______________
12. A private entrepreneur (indicate in the appropriate box x):
1) medium-sized business entity ______________________
2) a large business entity _______________________________________
13. The creation of a legal entity is preceded by a reorganization (specify in
corresponding cell x)
1) conversion __________________ 2) merge ____________________
3) separation _______________________ 4) separation ____________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application:
___________________________________________________
"____" ________________ 20_year
_______________________________________
FULL NAME. (if any) and signature of the applicant
Appendix 2 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
Application for state registration of business partnerships operating on the basis of a standard charter
1. Name of the legal entity __________________________
___________________________________________________________________
2. Form of incorporation (indicate in the appropriate box x):
1) full partnership _____________
2) limited liability partnership ___________________________
3) limited partnership ____________________________________________
4) partnership with additional liability _________________________
3. Participation in the composition of foreign investors (indicate in the appropriate box x):
1) yes _________________ 2) no ____________________
4. The legal entity is a subsidiary (specify in the appropriate
cell x):
1) yes _______________ 2) no ____________
5. Location of the legal entity:
Address Registration Code: ____________________ Postal Code: ___________
Region: __________________________________________________________
City, district, ____________________________________________________________
Rural district, district in the city: ____________________________________________
Village, settlement __________________________________________________________
Part of the settlement (street, avenue, etc.): ______________________________
House number _________________, room: _________________________________
Phone number: _________________ Email address: ___________
6. Full name (if any) head ______________________________
(with indication of identity card data and IIN)
7. Indicate the code of the main type of economic activity: ___________________
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _____________________________
9. The size of the authorized capital ________________________________
10. The composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _____________ 2) individual __________________
Name of the legal entity ____________________________________
__________________________________________________________________
(indicating BIN)
Share in the authorized capital% _____ Deposit amount (thousand tenge) _______________
FULL NAME. (if any) of an individual __________________________________
___________________________________________________________________
(with indication of identity card data and IIN)
Share in the authorized capital% ______ Deposit amount (thousand tenge) __________________
If there are more than one founders, information about them: full name. (if available) with
indicating the data of the identity card and IIN, an analogue of the tax number
registration, or country code (for an individual), name indicating
BIN, analogue of the tax registration number, or country code (for legal
persons), as well as their share in the authorized capital in percentage and monetary terms
attached to the application on a separate sheet.
11. If the supervisory board is formed, indicate the exclusive
competence: _______________________________________
___________________________________________________________________
12. Specify the term of the audit commission (sole auditor)
___________________________________________________________________
13. Expected (approximate) number of employed people _________________
14. A private entrepreneur (indicate in the appropriate box x):
1) small business entity: ____________________________________
2) medium-sized business entity ___________________________________
3) a large business entity ___________________________________
15. The creation of a legal entity is preceded by a reorganization (specify in
corresponding cell x):
1) transformation _______ 2) merge __________
3) separation ___________________ 4) separation _______________________
16. The number of legal entities participating in the reorganization ________________
17. In case of conversion, you must provide the following information:
Former name of the legal entity __________________________________
Business identification number (BIN) ____________________________________
18. In the event of a merger, the following information must be provided:
Names of legal entities participating in the merger ______________________
Business identification number (BIN) ____________________________________
19. In case of separation, the following information must be specified:
The name of the current legal entity from which the new one is allocated
Entity
___________________________________________________________________
Business identification number (BIN) ____________________________________
20. In case of division, the following information must be specified:
Name of the legal entity on the basis of which the legal entities were created
___________________________________________________________________
___________________________________________________________________
Business identification number (BIN) _____________________________________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application: ___________________________________________
___________________________________________________________________
___________________________________________________________________
"____" ______________ 20___ year
Full name (if any) and signature of the founder (either by one of the founders or
the person authorized by the founder in cases where the sole founder
or one of the founders is a foreigner or a foreign legal entity
face). Full name (if any) and signatures of the founders (in the case when maintaining
the register of participants is carried out by the central depository - the signature of the person,
authorized by the minutes of the general meeting of founders (by the decision of the participant).
The authenticity of the signature (s) must be certified by a notary
order, with the exception of business partnerships.
Appendix 3 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
Application for state registration of a joint stock company operating on the basis of a standard charter
1. The name of the registered joint stock company
______________________________________________________
2. Participation in the composition of foreign investors (indicate in the appropriate box x):
1) yes ____________ 2) no ____________
3. The legal entity is a subsidiary (specify in the appropriate
cell x):
1) yes _____________ 2) no ___________
4. Location of the joint stock company Registration code
addresses _______________ Postal code: _______
Region: __________________________ City, district, _____________________
Rural district, city district: ____________________________________
Village, settlement ____________________________________
Part of the settlement (street, avenue, etc.): ____________________
House number _________________, room: ______________
Phone number: _______________ Email address: __________
5. Full name (if any) head _______________________
(with indication of identity card data and IIN)
6. Indicate the code of the main type of economic activity: ___________
7. Amount of the authorized capital _____________________
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _____________________
9. The composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _________ 2) individual __________________
10. Specify the guaranteed amount of dividend on the preferred share:
___________________________________________________________
(in fixed expression or indexed relative to
any indicator, subject to regularity and public availability
its values)
11. Specify the frequency of payment of dividends on preferred
shares: _________________________________________________________
12. Indicate the media used for the publication
information subject to mandatory publication ___
________________________________________________________________
13. Number of members of the board of directors of the company ___________________
The requirements of clause 37 of the model charter apply to financial institutions.
14. Number of board members of the company ___________________
15. Expected (approximate) number of employed people _____________
16. A private entrepreneur (indicate in the appropriate box x):
1) medium-sized business entity ______________
2) a large business entity __________________________
17. The creation of a legal entity is preceded by a reorganization (specify in
corresponding cell x):
1) transformation ______________ 2) merge _______________________
3) separation _________________ 4) separation ____________________
18. The number of legal entities participating in the reorganization _______
19. In case of conversion, you must provide the following information:
Former name of the legal entity _________________________
Business identification number (BIN) ________________________
20. In the event of a merger, the following information must be provided:
Names of legal entities participating in the merger ____________
Business identification number (BIN) ___________________
21. In case of separation, the following information must be specified:
The name of the current legal entity from which the new one is allocated
entity _________________________________________
Business identification number (BIN) ___________________
22. In case of division, the following information must be specified:
The name of the legal entity on the basis of which the legal entities were created
persons ___________________________________________________________
Business identification number (BIN) ______________
I agree to the use of information constituting a secret protected by law,
contained in information systems _________
Attached to the application: _____________________________
"____" __________________ 20 years
FULL NAME. (if any) and signature of the manager The authenticity of the signature must be
notarized.
Appendix 4 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
Application for state registration of a production cooperative operating on the basis of a model charter
1. The name of the production cooperative _____________________
_______________________________________________________________
2. Participation in the composition of foreign investors (indicate in the appropriate box x):
1) yes __________ 2) no _______________
3. The legal entity is a subsidiary (specify in the appropriate
cell x): 1) yes _____________ 2) no ___________
4. Location of the production cooperative Address registration code:
_____________ Postcode: ________
Region: __________________________ City, district, ______________________
Rural district, district in the city: __________________________
Village, settlement _______________________________
Part of the settlement (street, avenue, etc.): _____________
House number _________________, room: _____________
Phone number: ________________ Email address: __________
5. Full name (if any) head __________________
(with indication of identity card data and IIN)
6. Indicate the code of the main type of economic activity: __________
7. Agricultural cooperative (indicate in the appropriate box x):
1) yes __________ 2) no __________
8. Registration as a VAT payer (indicate in the appropriate box x):
1) yes __________________ 2) no _____________________
9. The composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity ________ 2) individual ___________________
10. Information about the founders of legal entities, full name physical
persons ____________________________________________
(indicating the data of the identity card, IIN, analogue of the tax number
registration, or country code (for a foreign physical
person) ____________________________________________
Share amount% ________ Property contribution _______________________
FULL NAME. (if any) of an individual _________________________
IIN, analogue of the tax registration number, or country code (for a foreign
natural person) ________________________________
Share amount% ___________ Property contribution ___________________
If the founders have more than one information about them: full name, data
identity cards, IIN, BIN, name, location, tax number
tax registration, or country code (as well as property contribution), information about
the size of the share are attached to the application on a separate sheet.
11. The procedure, methods and terms for making a property contribution by members of the cooperative
_____________________________________________________________
12. The relationship between the cooperative and its members, the executive body and
labor collective: ___________________________________
13. Composition of the Audit Commission _________________
14. Term of election of the Audit Commission _______________
15. Expected (approximate) number of employed people _____________
16. A private entrepreneur (indicate in the appropriate box x):
1) small business entity ____________________
2) medium-sized business entity _______________________
3) a large business entity _______________
17. The creation of a legal entity is preceded by a reorganization (specify in
corresponding cell x):
1) transformation __________ 2) merge ____________________
3) separation _____________ 4) separation _________________
18. The number of legal entities participating in the reorganization _______
19. In case of conversion, you must provide the following information:
Former name of the legal entity ____________________
Business identification number (BIN) _______________________
20. In the event of a merger, the following information must be provided:
Names of legal entities participating in the merger ____________
Business identification number (BIN) ___________________
21. In case of separation, the following information must be specified:
The name of the current legal entity from which the new one is allocated
entity __________________________________________
Business identification number (BIN) ________________________
22. In case of division, the following information must be specified:
The name of the legal entity on the basis of which the legal entities were created
persons ___________________________________________________________
Business identification number (BIN) ____________________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________________
Attached to the application: ________________________________________
"____" __________________ Year 20 ____________________________
FULL NAME. (if any) and signature of the chairman of the board (chairman)
cooperative.
The authenticity of the signature (s) is notarized.
Appendix 5 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
Footnote. Appendix 5 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 09/30/2020 No. 430 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
The form
Application for state registration of a medium-sized business entity, and
also for opening a bank account and for compulsory employee insurance against
accidents (except in cases where the founder (s) of the legal
persons carry out (carry out) activities without entering into labor relations with
individuals)
1. Form of organization: ___________________________________________
2. Organizational and legal form: ________________________________
3. Indicate the name of the organization without organizational and legal form:
name in the state language without indication of OLF *: __________________
name in Russian without indication of OLF *: __________________________
title in English with indication of OLF *: _______________________
short name in the state language: ____________________________
short name in Russian: ____________________________________
short name in English with indication of OPF *: _____________
4. Head: full name * / citizenship / number (series if any), issuing authority /
validity period, identity document data, incl. IIN *
5. The decision of the authorized body of the legal entity * on the appointment of the head number
decision: _______ date of decision: _________
6. Information about the founders - residents:
for an individual: IIN *, full name *, deposit amount _________ tenge,
share in the authorized capital ___%;
for a legal entity: BIN *, organization name, deposit amount _______
tenge, share in the authorized capital ___%;
6.1. Information about the founders - non-residents:
for an individual: IIN * (if any), data of the document certifying
personality, full name *, citizenship, deposit amount ______ tenge,
share of participation ___%; for a legal entity:
BIN * (if any), the number under which the organization is registered in
foreign state, name of organization, jurisdiction (country)
registration, address of location, deposit amount ______ tenge, participation share ___%
7. Acts according to the standard charter: Yes _______, No ________
8. Information about the beneficial owner (s): citizenship, full name *, data
identity document, IIN * (if any)
9. Location of a legal entity, branch (representative office) type
location:
own real estate address __________________________________
address of the rented property ___________________________________
address registration code: _______________________________________
address: region ________________________, city, district, _______________
rural district, district in the city: _____________________________________
village, settlement ___________________________________________________
part of the settlement (street, avenue, etc.): _____________________
type of property: premises ____________, building __________________
identification data: house number _________, building number _____
block number ___, apartment __________________________________________
postal code: ______________ telephone (fax) number ____________
10. Registration authority (filled in automatically according to the specified address):
11. Code of the main type of economic activity: _________________
12. The expected (approximate) number of employed people (at least 1
person): ______
13. Registration as a VAT payer *: Yes __________, No ______
14. Open a bank account and conclude an insurance contract.
15. Select a bank (selection from the directory): ___________________________
16. Choose a branch of the bank (selection from the directory): ____________________
17. Select currency (selection from the directory): _________________________
18. Phone number: _____________________________________________
19. Information about the executive body: sole ________________,
collegial _____________________ name of the executive body ____
20. Choose an insurance company (choice from the directory): ____________
21. Annual payroll in tenge ______________________________
22. Indicate the start and end date of the insurance period:
start date of the insurance period _____________________________________
expiry date of insurance __________________________________
23. Attach documents: electronic copy of the charter (if any).
I agree to the use of information constituting a secret protected by law,
contained in information systems ________
BIN * - business identification number
IIN * - individual identification number
OLF * - organizational and legal form
VAT * - value added tax
CRP * - coefficient of risk performance
Full name * - last name, first name, patronymic (if any)
LE * - legal entity
Beneficial owner * - an individual who, directly or indirectly
owns more than twenty-five percent of the shares in the authorized capital, or
placed (net of preferred and repurchased by the company) shares
a client - a legal entity, as well as an individual exercising control
over the client in any other way, or in the interests of which the client is committed
transactions with money and (or) other property
Appendix 6 to the Rules of the state service “State registration of legal entities and record registration of branches and representative offices” |
Footnote. Appendix 6 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication
State Service Standard “State registration of legal entities and record registration of branches and representative offices” | |||
1 | Service provider name | Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices that are non-profit organizations and branches of the State Corporation "Government for Citizens" in relation to legal entities, branches and representative offices that are commercial organizations. | |
2 | Methods of provision of the state service |
1)State Corporation “Government for Citizens”- non-profit organizations, as well as commercial organizations in the form of joint stock companies and state enterprises; | |
3 | Term for provision of provision of the state service |
1) in the State Corporation: | |
4 | Form of provision of the state service | Electronic / paper. | |
5 | Result of provision of the state service |
Certificate of state registration of a legal entity, in the form in accordance with Appendix 10 to these Rules, as well as a certificate of registration of a branch (representative office) of a legal entity, in the form, in accordance with Appendix 11 to these Rules (hereinafter referred to as the certificate), or in writing a motivated order to refuse to provide public services in the cases and on the grounds provided for in paragraph 9 of this Appendix.. | |
6 | The amount of payment charged from the service recipient when rendering the state service, and methods of charging it in the cases provided for by the legislation of the Republic of Kazakhstan |
A registration fee is established for payment for the state service for registration of non-profit organizations and their branches and representative offices. The registration fee shall be calculated at the rates established by the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget (Tax Code)" in accordance with Appendix 12 to these Rules and shall be paid prior to the submission of the relevant documents at the place of registration of the taxable object. | |
7 | Work schedule |
Service providers: | |
8 | List of documents required for provision of the state service |
1) to the State Corporation: | |
9 | Grounds for refusal to provide the state established by the legislation of the Republic of Kazakhstan |
1) violations of the procedure for creation, re-registration and reorganization of a legal entity, established by the legislative acts of the Republic of Kazakhstan, non-compliance of constituent documents with the law of the Republic of Kazakhstan; | |
10 | Other requirements, taking into account the specifics of the provision of the state service, including those provided in electronic form and through the State Corporation |
For service recipients who, in accordance with the procedure established by law, have a complete or partial loss of the ability or ability to carry out self-service, move independently, navigate, acceptance of documents for the provision of the state service shall be carried out by an employee of the State Corporation with a visit to the place of residence by contacting the Unified Contact Center 1414, 8 800 080 7777. |
Receipt of refusal to accept documents
Guided by paragraph 2 Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", department No.__ of the branch of the State Corporation (indicate the address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the public service standard) due to your incomplete a package of documents according to the list provided for by the public service standard, namely:
Name of missing documents:
1)________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each party.
Full name (if any) (employee of the State Corporation) (signature)
Contractor: full name (if any) _____________
Telephone __________
Received: Full name (if any) / ____ / signature of the service recipient
"___" _________ 20__ year
Appendix 8 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
_____________________________
Name
registration authority
Extract from the National Register of Business Identification Numbers
This extract contains information about the legal entity
________________________________________________________________
(full name of the legal entity)
The National Register of Business Identification Numbers contains information on
the following indicators:
Organizational and legal form: ___________________________________
Full name of the legal entity in Kazakh: __________
________________________________________________________________
Full name of the legal entity in Russian: ____________
________________________________________________________________
Business identification number: _________________________________
Date of registration (re-registration): _______________________________
Information about the address (location) of the legal entity: ____________
________________________________________________________________
(with full postal address)
Registration authority: _____________________________
________________________________________________________________
Date of issue ____________ ___________ __________
head signature Full name
M.P.
Appendix 9 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
Footnote. Appendix 9 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 30.09.2020 No. 430 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
The form |
Notification of the start of entrepreneurial activity (for small businesses) with the opening of a bank account and compulsory insurance of the employee against accidents (except for cases when the founder (founders) of a legal entity carries out (carries out) activities without entering into labor relations with individuals)
1. Form of organization: ___________________________________________
2. Organizational and legal form: ________________________________
3. Indicate the name of the organization without organizational and legal form:
name in the state language without indication of OLF *: __________________
name in Russian without indication of OLF *: __________________________
title in English with indication of OLF *: ________________________
short name in the state language: _______________________________
short name in Russian: _____________________________________
short name in English with indication of OPF *: ______________________
4. Manager: full name (if any) * / citizenship / number (series if any),
issuing authority / validity period, identity document details in
incl. IIN *
5. The decision of the authorized body of the legal entity * on the appointment of the head
decision number: _______ decision date: _________
6. Information about the founders - residents: for an individual:
IIN *, full name (if any) *, deposit amount _________ tenge,
share in the authorized capital ___%;
for a legal entity: BIN *, organization name, deposit amount __________
tenge, share in the authorized capital ___%;
6.1. Information about the founders - non-residents:
for an individual: IIN * (if any), document data
identity, full name *, citizenship, deposit amount ______ tenge,
share of participation _____%;
for a legal entity: BIN * (if any), the number under which the organization
registered in a foreign state, the name of the organization,
jurisdiction (country) of registration, address of location, deposit amount
_______ tenge, share of participation ___%
7. Acts according to the standard charter: Yes _______, No ________
8. Information about the beneficial owner (s): citizenship, full name *, data
identity document, IIN * (if any)
9. Location of a legal entity, branch (representative office) type
location: address of own property ____________
address of the rented property _______________________________
address registration code: ___________________________________
address: region ____________, city, district, ______________________
rural district, district in the city: _________________________________
village, settlement ________________________________________________
part of the settlement (street, avenue, etc.): _________________
type of property: premises ______________, building ____________
identification data: house number ________, building number ___,
block number ______, apartment ______________________________
postal code: ___________ telephone (fax) number ____________
10. Registration authority (filled in automatically according to the specified address):
11. Code of the main type of economic activity: ______________
12. The expected (approximate) number of employed people (at least 1
person): ______
13. Registration as a VAT payer *: Yes __________, No ______
14. Open a bank account and conclude an insurance contract.
15. Select a bank (selection from the directory): ________________________
16. Select a branch of the bank (selection from the directory): _________________
17. Select currency (selection from the directory): ________________________
18. Phone number: _____________________________________________
19. Information about the executive body: sole _______________,
collegial ____________ name of the executive body ____
20. Choose an insurance company (choice from the directory): _____________
21. Annual payroll in tenge _____________________________
22. Indicate the start and end date of the insurance period: start date of the period
insurance _____________________________________
expiry date of insurance __________________________________
23. Attach documents: electronic copy of the charter (if any).
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
BIN * - business identification number
IIN * - individual identification number
OPF * - organizational and legal form
VAT * - value added tax
CRP * - coefficient of risk performance
Full name * - last name, first name, patronymic (if any)
LE * - legal entity
Beneficial owner * - an individual who, directly or indirectly
owns more than twenty-five percent of the shares in the authorized capital, or
placed (net of preferred and repurchased by the company) shares
a client - a legal entity, as well as an individual exercising control
over the client in any other way, or in the interests of which the client is committed
transactions with money and (or) other property
Appendix 10 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
Registration authority _________
Certificate of state registration
legal entity
_________________________________
business identification number
_________________ "___" _________ 20__
Locality
Name:___________________________________________________
Location:_________________________________________________
Manager: _____________________________________________________
Founders (participants): ____________________________________________
Carries out activities on the basis of a model charter.
The certificate is a document confirming state registration
legal entity, in accordance with the legislation of the Republic of Kazakhstan
Head of the registering authority ____________ __________________
(Signature) (Full name (if any)
Place of printing
date of issue
Appendix 11 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
Registration authority
Account Registration Help
branch (representative office) of a legal entity
_________________________________
business identification number
_________________ "___" _________ 20__
Locality
Name of the branch (representative office) of the legal entity: _________
___________________________________________________________________
Name of the legal entity:_____________________________________
___________________________________________________________________
Location of a branch (representative office) of a legal entity: ______
__________________________________________________________________
The certificate is a document confirming the registration of the branch
(representative office) in accordance with the legislation of the Republic of Kazakhstan
Head of the registering authority ____________ _________________________
(Signature) (Full name (if any)
Place of seal Date of issue
Appendix 12 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
The rates of fees are calculated based on the size of the monthly calculated indicator established for the corresponding financial year by the law on the republican budget (hereinafter - MCI), and are:
No. | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of activities of legal entities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan), accounting registration (re-registration), deregistration of their branches and representative offices, with the exception of commercial organizations: | |
1.1. | legal entities, their branches and representative offices | 6.5 |
1.2. | political parties, their branches and representative offices | 14 |
2. |
For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of institutions financed from the budget, state-owned enterprises, cooperatives of owners of premises (apartments) and associations of property owners of an apartment building, accounting registration (re-registration), deregistration of their branches and representative offices; | |
2.1. | for state registration, registration of termination of activities, registration, deregistration | 1 |
2.2. | for re-registration | 0.5 |
3. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of children's and youth public associations, as well as public associations of disabled people, registration (re-registration), deregistration of their branches and representations, branches of republican and regional national-cultural public associations: | |
3.1. | for registration (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) | 2 |
3.2. | for re-registration, state registration of termination of activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
Appendix 13 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
The form |
NOTIFICATION
the intention to create a political party
"__" __________ 200__ year No. ______
According to article 6 Of the Law of the Republic of Kazakhstan "On Political Parties"
we the undersigned notify the Ministry of Justice of the Republic of Kazakhstan about
the intention to create a political party
_______________________________________________________________:
intended name
(Full name (if any), signature) 1. ______________________________;
(Full name (if any), signature) 2. ______________________________;
(Full name (if any), signature) 3. ______________________________;
(Full name (if any), signature) 4. ______________________________;
(Full name (if any), signature) 5. _____________________________;
(Full name (if any), signature) 6. ______________________________;
(Full name (if any), signature) 7. ______________________________;
(Full name (if any), signature) 8. ______________________________;
(Full name (if any), signature) 9. ______________________________;
(Full name (if any), signature) 10. _____________________________
The following documents are attached: ____________________________
Appendix 13-1 to the Rules of the state service “State registration of legal entities and record registration of branches and representative offices” |
Footnote. The Rules were amended with Appendix 13-1 in accordance with the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
List of members of the initiative group__________________________________________
name of the political party
__________________________________________
region, cities of Nur-Sultan, Almaty, and Shymkent
Item No. | Surname, name, patronymic (if any) | Month and year of birth | IIN | No. of the identity document citizen of the Republic of Kazakhstan | Address of place of residence |
1 | 2 | 3 | 4 | 5 | 6 |
__________________________________________________________________________
Surname, name and patronymic of the person, responsible for drawing up the list (each list shall be signed by the person, responsible for drawing up the list)
Appendix 14 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
|
the form |
Information about the members of the organizing committee
to create a political party
"____" ________ 20__
No. | Surname, name, patronymic (if any) | Month and year of birth | Information about an identity document or an identification number | Place of residence, contact phone number | Signature |
1. | |||||
2. | |||||
3. | |||||
4. | |||||
5. | |||||
6. | |||||
7. | |||||
8. | |||||
9. | |||||
10. |
Appendix 15 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
Confirmation of submission of documents
The Ministry of Justice of the Republic of Kazakhstan hereby confirms that
authorized person of the organizing committee
__________________________________________________________________
surname, name, patronymic (if any)
identity document: ________________________________
number, date of issue of the document, by whom it was issued, and the registering authority
received "___" _______ 20__ year, entry. No. ________ the following documents:
No. | Title of the document | Documents submitted | |
on paper (number of sheets) | on electronic media (file name) | ||
1. | notification | ||
2. | list of an initiative group of citizens to create a political party | ||
3. | information about the members of the organizing committee | ||
4. | minutes of the meeting of the organizing committee dated "___" __________ 20__ | ||
Registration authority | |||
5. | Position of an employee of the registration authority | ||
6. | Surname | ||
7. | Name | ||
8. | Patronymic (if any) | ||
9. | contact number | ||
10. | Signature |
Appendix 16 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
Members List
__________________________________________
political party name
__________________________________________
region, the cities of Nur-Sultan, Almaty and Shymkent
P / p No. | Surname, name, patronymic (if any) | Month and year of birth | Number of the identity document of a citizen of the Republic of Kazakhstan and IIN | Residence address |
1 | 2 | 3 | 4 | 5 |
_________________________________________________________________
surname, first name and signature of the person responsible for compiling the list
(each sheet of the list is signed by the person responsible for compiling
list)
Appendix 17 to the Rules of State services "State registration of legal entities, registration of their branches and representative offices" |
List of citizens-initiators of the created religious association
________________________________________________________________
name of a religious association
________________________________________________________________
region, the cities of Nur-Sultan, Almaty and Shymkent
P / p No. | Surname, name, patronymic (if any) | Day, month and year of birth | Information about the identity document of a citizen of the Republic of Kazakhstan, IIN | Residence address, home and office phone numbers | Personal signature |
1 | 2 | 3 | 4 | 5 | 6 |
Appendix 2 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules
for the provision of the public service "State re-registration of legal entities, registration re-registration of their branches and representative offices"
Chapter 1. General Provisions
The rules for the provision of the public service "State re-registration of legal entities, registration of their branches and representative offices" (hereinafter - the Rules) are developed in accordance with The law "On state services" and determines the procedure for rendering the state service "State re-registration of legal entities, registration of their branches and representative offices" (hereinafter referred to as the state service).
2. The public service is provided by the Ministry of Justice and territorial bodies of justice in relation to legal entities, branches and representative offices that are non-profit organizations and the State Corporation "Government for Citizens" (hereinafter - the State Corporation) in relation to legal entities, branches and representative offices that are commercial organizations (hereinafter referred to as the service provider).
3. State re-registration of public and religious associations with republican and regional statuses, including political parties, Republican Notary Chamber, Republican Collegium of Advocates, Republican Chamber of Private Enforcement Agents, National Chamber of Entrepreneurs of the Republic of Kazakhstan, Chamber of Forensic Experts of the Republic of Kazakhstan, Arbitration Chamber of Kazakhstan, Republican Collegium of Legal Advisers, record re-registration of branches and representative offices of foreign and international non-profit associations shall be carried out by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
Footnote. Clause 3 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. State re-registration of created, reorganized legal entities, and registration of branches and representative offices, public and religious associations with local status, foundations and associations of legal entities, registration re-registration of branches and representative offices of public and religious associations are carried out by territorial bodies of justice.
5. State re-registration of legal entities related to commercial organizations and registration re-registration of their branches and representative offices is carried out by the State Corporation.
Chapter 2. The procedure for the provision of public services
6. To receive public services, individuals and (or) legal entities (hereinafter referred to as the service recipient) submit an application in the form in accordance with applications 1,2,3 and four to these Rules (hereinafter referred to as the application) and a package of documents according to the list provided for in the state service standard "State re-registration of legal entities, registration re-registration of their branches and representative offices" in accordance with Appendix 5 to these Rules (hereinafter referred to as the Standard) at the location of the service provider to the State Corporation or on the “electronic government” web portal: www.egov.kz (hereinafter referred to as the portal).
7. The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the Standard.
8. When accepting documents, the employee of the service provider shall verify the document, proving the identity or an electronic document from the service of digital documents (for identification) of the service recipient with the information contained in the state information systems, and then returns it to the service recipient.
Footnote. Clause 8 – as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).9. If the service recipient submits an incomplete package of documents and (or) documents that have expired, the service provider refuses to accept documents with the issuance of a receipt in the form according to Appendix 6 to these Rules.
10. Upon presentation of the full package of documents to the service provider, the service recipient is issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
11. Upon receipt of documents for the provision of state service in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider's office accepts documents in accordance with the register and sends them to the registration department (office) of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes determines the responsible executor and transfers it to him for execution.
The responsible officer shall: verify the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan and if there are no grounds for the refusal, draw up an order on state -reregistration of a legal entity, on record re-registration of a branch (representative office), enter information into the National Register of business identification numbers, draw up a certificate of state registration of a legal entity, record registration of a branch (representative office) with the assigned business identification number, draw up a case containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the BIN assignment).
After consideration by the responsible executor, a certificate of state re-registration of a legal entity, of the record re-registration of a branch (representative office) with an assigned business identification number, or a motivated refusal order shall be sent to the management for signing. The documents signed by the management shall be transferred by the responsible executor to the office of the service provider. An employee of the service provider's office shall transfer the documents to the State Corporation through a courier or send them to the service recipient through the portal.
Footnote. Clause 11 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).12. Upon receipt of documents for the provision of state service in accordance with paragraph 5 of these Rules, the employee of the State Corporation shall accept, verify the documents submitted by the service recipient and the accepted documents, shall be sent to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
Responsible officer shall: verify the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan of the Republic of Kazakhstan and if there are no grounds for the refusal, draw up an order on state re-registration of a legal entity, on record re-registration of a branch (representative office), enter information into the National Register of business identification numbers; draw up a certificate of state re-registration of a legal entity, record re-registration of a branch (representative office) with the assigned business identification number, draw up a case containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the BIN assignment).
After consideration by the responsible executor, a certificate of state re-registration of a legal entity, record re-registration of a branch (representative office) with an assigned business identification number, or a motivated refusal order shall be sent to the management for signing. The documents signed by the management shall be transferred by the responsible executor to the issuance department of the State Corporation.
Footnote. Clause 12 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).13. In the State Corporation, the issuance of finished documents shall be carried out upon presentation by the service recipient of an identity document or an electronic document from the service of digital documents (for identification) (or his representative, acting on the basis of a document, issued in accordance with the civil legislation of the Republic of Kazakhstan, in which the corresponding powers of the representative are indicated).
Footnote. Clause 13 – as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).14. In the case of submission of documents on the portal, a notification is sent to the personal account of the state re-registration of legal entities for small and medium-sized businesses or a reasoned response from the service provider about the refusal to provide public services in the form of an electronic document, certified by the service provider's EDS.
15. In cases of submission of an incomplete package of documents, the presence of deficiencies in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by the legislative acts of the Republic of Kazakhstan, the period of state (accounting) re-registration shall be suspended until the identified deficiencies are eliminated or obtaining an appropriate conclusion (expertise).
When identifying grounds for suspending the period for the provision of the state service, the service provider shall suspend the period for the provision of the state service for no more than one month.
In this case, the service provider shall notify thereof the service recipient indicating the reasons and the period for suspension.
The decision on suspension of state re-registration shall be made by the service provider from the time of acceptance of documents for state re-registration until the time of issuance of the document, but no later than expiration period of provision of the service.
If within one month the circumstances that served as the basis for the suspension in re-registration are not eliminated, then a notification of refusal to provide the state service shall be issued no later than three working days before the end of the suspension.
Footnote. Clause 15 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).16. there are grounds for the refusal of the state re-registration of a legal entity, record re-registration of a branch (representative office), the service provider within the time limits provided for in Article 11 of the Law, in writing, shall issue him a motivated refusal to provide the state service, on the grounds specified in paragraph 9 of the Standard.
When making a decision on refusal to provide a state service, the service provider, within one day, shall notify the service recipient of the preliminary decision on refusal to provide the state service, as well as the time and place of the hearing in order to be able to express to the service recipient the position on the preliminary decision.
Notice of hearing shall be sent at least three working days before the end of the term for the provision of the state service.
The objection of the service recipient upon a preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a motivated refusal to provide the state service.
For state services for which a period of less than three days is set for the provision, a hearing shall not be held.
Footnote. Clause 16 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).17. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner prescribed by the authorized body in the field of informatization, in accordance with subparagraph 11) paragraph 2 article 5 of the Law "On public services".
18. In the event of a failure of the information system of the State Database "Legal Entities", the service provider immediately notifies the operator of the information and communication infrastructure of the "electronic government" (hereinafter - the operator).
In this case, the operator takes measures to determine the cause of the failure of the information system and, within 1 (one) business day, draws up a protocol (act) on the technical problem and signs it by the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
19. A complaint against the decision, actions (inaction) of the service provider and (or) its workers on the provision of state services shall be filed in the name of the head of the service provider.
A complaint of the service recipient, received to the address of the service provider directly providing the state service, in accordance with paragraph 2) of Article 25 of the Law “On State Services” shall be subject to consideration within five working days from the date of its registration.
A complaint of the service recipient, received to the address of the authorized body for assessing and monitoring the quality of the provision of state services shall be subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the unified contact center for the provision of state services.
Footnote. Clause 19 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).20. Consideration of a complaint shall be carried out by an authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and record registration of branches and representative offices, an authorized body for assessing and monitoring the quality of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction) is appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is appealed, shall be entitled not to send the complaint to the body considering the complaint, if he/she within three working days makes decision or other administrative action, which fully meet the requirements, specified in the complaint.
Unless as otherwise is provided by the law, applying to the court shall be allowed after appealing through the pre-trial process.
Footnote. Clause 20 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).21. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Attachment 1 to the Rules of State services "State re-registration of legal persons, registration re-registration of their branches and representative offices" |
|
The form |
Application for state (accounting) re-registration
legal entity, branch (representative office)
1. Form of organization (indicate in the appropriate cell x)
1) legal entity __________ 2) branch _________
3) representation ____________________________
2. Name of the legal entity, branch (representative office) ______________
________________________________________________________________________
3. Business identification number (BIN) __________________________________
4. Grounds for re-registration (indicate in the appropriate box x):
1) change of name ___________________
2) decrease in the amount of the authorized capital _______
3) change in the composition of participants in a business partnership (with the exception of
limited liability partnerships in which the maintenance of the register
of participants is carried out by the central depository) _________________________
5. Location of a legal entity, branch (representative office)
Address Registration Code: ___________________ Postal Code: ___________
Region: ________________________________________________________________
City, district, district in the city: ______________________________________________
Locality (village, settlement): _________________________________________
Street, microdistrict, quarter, lane, avenue: _____________________________
House number __________, apartment, room:
__________ Telephone (fax) number: ____________________________
6. Full name (if any). head ____________________________________
________________________________________________________________________
(with indication of identity card data and IIN)
7. Composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity ______ 2) individual ________
Name of the legal entity __________________________________________
(indicating BIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) ______________
Full name (if any). natural person __________________________________
(with indication of identity card data and IIN)
Share in the authorized capital% ___________ Deposit amount (thousand tenge) ____________
If the founders are more than one information about them:
Full name (if any). indicating the data of the identity card and IIN (for
individual), name indicating BIN (for a legal entity), as well as
their share in the authorized capital in percentage and monetary terms is applied to
application on a separate sheet.
8. Indicate the code of the main type of economic activity: ___________________
9. The size of the authorized capital ______________________________________________
10. Expected (approximate) number of employed people _____________________
11. The basis for re-registration of a legal entity arose as a result of
reorganization (indicate in the appropriate cell x):
1) yes _______ 2) no ________
12. In case of joining, the following information must be specified:
Names of affiliated legal entities ____________________________
Business identification number (BIN) ____________________________________
13. A private entrepreneur (indicate in the appropriate box x):
1) small business entity _________
2) medium-sized business entity ________
3) a large business entity ________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application: _________________________________________________
________________________________________________________________________
"____" ______________ 20 ___
(signature) Full name (if any) and signature of the applicant
Appendix 2 to the Rules of State services "State re-registration of legal persons, registration re- registration of their branches and representative offices" |
|
The form |
Application for state re-registration of business
partnerships operating on the basis of a standard charter
1. Name of the legal entity _______________________________________
2. Organizational and legal form of a legal entity (indicate in the appropriate
cell x):
1) full partnership ________________
2) limited partnership __________
3) limited liability partnership_____________
4) partnership with additional liability _____________
3. Business identification number (BIN) _________________________________
4. Grounds for re-registration of a business partnership (specify in
corresponding cell x):
1) change of name ______________________________________________
2) reduction of the size of the authorized capital _________________________________
3) change in the composition of participants in a business partnership (with the exception of
limited liability partnerships in which the maintenance of the register
of participants is carried out by the central depository) _______________
5. Location of the legal entity
Address Registration Code: __________________ Postal Code: ___________
Region: ____________________________________
City, district, district in the city: ______________________________________________
Locality (village, settlement): __________________________________________
Street, microdistrict, quarter, lane, avenue: _____________________________
House number ______________, apartment, room: _____________________________
telephone (fax) number: ___________________
6. Full name (if any) head ____________________________________
________________________________________________________________________
(with indication of identity card data and IIN)
7. Indicate the code of the main type of economic activity: ___________________
8. The size of the authorized capital ______________________________________________
9. The composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _________ 2) individual _________
10. Specify information about the founders of the legal entity (except
limited liability partnerships in which the maintenance of the register
of participants is carried out by the central securities depository)
persons _________________________________________
(indicating BIN)
Share in the authorized capital% ___________ Deposit amount (thousand tenge) _____________
Full name (if any). natural person __________________________________
(with indication of identity card data and IIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) _______________
If the founders are more than one information about them:
FULL NAME. (if any) indicating the data of the identity card and IIN, analogue
tax registration numbers, or country code (for an individual),
name indicating BIN, analogue of tax registration number, or code
countries (for a legal entity), as well as their share in the authorized capital in percentage and
monetary terms are attached to the application on a separate sheet.
11. Expected (approximate) number of employed people _____________________
12. If the supervisory board is formed, indicate the exclusive
competence: ____________________________________________
________________________________________________________________________
13. Specify the term of the audit commission (sole auditor) ______________
14. A private entrepreneur (indicate in the appropriate box x):
1) small business entity ____________________________________
2) medium-sized business entity ___________________________________
3) a large business entity __________________________________
15. The basis for re-registration arose as a result of reorganization (specify in
corresponding cell x):
1) yes __________________________ 2) no ___________________________________
16. In case of connection, the following information must be specified:
Names of affiliated legal entities _____________________________
________________________________________________________________________
Business identification number (BIN) ____________________________________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________________________________
Attached to the application: _________________________________________________
________________________________________________________________________
"____" _____________ 20 __
(signature) full name (if any) and signatures of the founders (in the case when maintaining
the register of participants is carried out by the central depository - the signature of the person,
authorized by the minutes of the general meeting of founders (by the decision of the participant).
The authenticity of the signature (s) must be certified by a notary
okay.
Appendix 3 to the Rules of State services "State re-registration of legal persons, registration re- registration of their branches and representative offices" |
|
The form |
Application for state re-registration of a joint stock company operating on the basis of a model charter
1. Name of the joint stock company ___________________________
_________________________________________________________________
2. Business identification number (BIN) _________________________
3. Grounds for re-registration of the joint-stock company (indicate in the relevant
cell x):
1) change of name _______________________________________
2) decrease in the size of the authorized capital ________________________
4. Location of the joint stock company
Postal Code: ______________________ Region: ________________
City, district, district in the city: ___________________________________
Locality (village, settlement): _______________________________
Street, microdistrict, quarter, lane, avenue: _________________
House number _________________, apartment, room: ________________
Telephone (fax) number: _________________________________________
5. Full name (if any). head _________________________
(with indication of identity card data and IIN)
6. Indicate the code of the main type of economic activity: __________
7. Amount of the authorized capital _______________________________________
8. Composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _____________ 2) individual _______________
9. Specify the guaranteed amount of dividend on preferred shares:
______________________________________________________________
(in fixed expression or indexed relative to
any indicator, subject to regularity and public availability
its values)
10. Specify the frequency of payment of dividends on preferred shares:
________________________________________________________
________________________________________________________________
11. Indicate the media used for the publication
information subject to mandatory publication __________________
____________________________________________________________________
12. Number of members of the board of directors of the company ___________________
____________________________________________________________________
the requirements of clause 37 of the model charter apply to financial institutions.
13. Number of board members of the company _______________________
14. Expected (approximate) number of employed people __________
15. A private entrepreneur (indicate in the appropriate box x):
1) medium-sized business entity ________________________
2) a large business entity ________________________
16. The basis for re-registration of the joint stock company arose as a result of
reorganization (indicate in the appropriate cell x):
1) yes ____________________________ 2) no ______________________
17. In case of joining, the following information must be specified:
Names of affiliated legal entities ____________________
Business identification number (BIN) ___________________________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application: _______________________________________
________________________________________________________________
"___" ________ 20 __
(signature) Full name (if any) and signature of the head
The authenticity of the signature must be notarized.
Appendix 4 to the Rules of State services "State re-registration of legal persons, registration re- registration of their branches and representative offices" |
|
The form |
Application for state re-registration of a production cooperative operating on the basis of a model charter
1. The name of the production cooperative _____________________
_________________________________________________________________
2. Change of the name of the production cooperative to _________
_________________________________________________________________
3. Business identification number (BIN) ___________________________
4. Location of the legal entity
Postal Code: ____________________ Region: ____________________
City, district, district in the city: ______________________________________
Locality (village, settlement): __________________________________
Street, microdistrict, block, lane, avenue: _____________________
House number _______________ apartment, room: _____________________
telephone (fax) number: __________________________________________
5. Full name (if any). head ____________________________
________________________________________________________________
(with indication of identity card data and IIN)
6. Indicate the code of the main type of economic activity: _________
7. Amount of capital ________________________________________________
8. Composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _____________ 2) individual ______________
9. Information about the founders of the legal entity, full name (if any).
individual _____________________________
IIN, analogue of the tax registration number, or country code (for a foreign
natural person) ____________________________________
Share amount% ___________ Property contribution ______________________
Full name (if any) of an individual ____________________________
IIN, analogue of the tax registration number, or country code (for a foreign
individual) ________________________________ Share amount% _________
Property contribution _______________________
If the founders have more than one information about them: data
identity card, IIN, analogue of the tax registration number, or code
country, as well as property contribution, information on the size of the share is attached to
application on a separate sheet.
10. The procedure, methods and terms for making a property contribution by members of the cooperative
_____________________________________________________
________________________________________________________________
11. Composition of the Audit Commission __________________________________
12. Term of election of the Audit Commission ___________________________
13. Expected (approximate) number of employed people _____________
14. The relationship between the cooperative and its members, the executive body
and labor collective: ___________________________________
________________________________________________________________
15. A private entrepreneur (indicate in the appropriate box x):
1) small business entity _____________________________
2) medium-sized business entity ___________________________
3) a large business entity ___________________________
16. The basis for re-registration of the production cooperative arose in
as a result of the reorganization (indicate in the appropriate cell x):
1) yes _______ 2) no ________
17. In case of joining, the following information must be specified:
Names of affiliated legal entities ____________________
Business identification number (BIN) ____________________________
I agree to the use of information constituting a secret protected by law,
contained in information systems _________
Attached to the application: ________________________________________
________________________________________________________________
"____" ________ 20 __ (signature)
Full name (if any) and signature of the chairman of the board (chairman)
cooperative.
The authenticity of the signature (s) must be certified by a notary
okay.
Appendix 5 to the Rules of State services "State re-registration of legal persons, registration re-registration of their branches and representative offices" |
Footnote. Appendix 5 as amended by the orders of the Minister of Justice РК от 05.04.2021 No. 259 (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Appendix 6 to the Rules of State services "State re-registration of legal persons, registration re- registration of their branches and representative offices" |
|
The form |
(Surname, name, if available, patronymic
(hereinafter - full name),
or the name of the organization
service recipient)
_________________________________
(address of the service recipient)
Receipt of refusal to accept documents
Guided by paragraph 2 Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", department No.__ of the branch of the State Corporation (indicate the address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the public service standard) due to your incomplete a package of documents according to the list provided for by the public service standard, namely:
Name of missing documents:
one)________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each party.
Full name (if any) (employee of the State Corporation) (signature)
Contractor: full name (if any) _____________
Telephone __________
Received: Full name (if any) / ____ / signature of the service recipient
"___" _________ 20__ year
Appendix 7 to the Rules of State services "State re-registration of legal persons, registration re- registration of their branches and representative offices" |
|
The form |
Registration authority_________)
Certificate of state re-registration
legal entity
_________________________________
business identification number
______________ "___" _________ 20 ___
Name:_______________________________________________________
____________________________________________________________________
Location: ___________________________________________________
Manager: _______________________________________________________
Founders (participants): _______________________________________________
Carries out activities on the basis of a model charter.
The certificate is a document confirming the state re-registration
legal entity, in accordance with the legislation of the Republic of Kazakhstan
Head of the registering authority ____________ _________________
(Signature) (Full name (if any)
Place of seal Date of issue
Appendix 8 to the Rules of State services "State re-registration of legal persons, registration re- registration of their branches and representative offices" |
|
The form |
Registration authority_________)
Account re-registration certificate
branch (representative office) of a legal entity
_________________________________
business identification number
________________ "___" _______ 20 ___ g
Locality
Name of the branch (representative office) of the legal entity: ____________
___________________________________________________________________
Name of the legal entity:_____________________________________
Location of the branch (representative office) of the legal entity: ________
____________________________________________________________________
The certificate is a document confirming the re-registration of the branch
(representative office), in accordance with the legislation of the Republic of Kazakhstan
Head of the registering authority ____________ _________________
(Signature) (Full name (if any)
Place of seal Date of issue
Appendix 9 to the Rules of State services "State re-registration legal entities, accounting re-registration of their branches and representations" |
The rates of fees are calculated based on the size of the monthly calculated indicator established for the corresponding financial year by the law on the republican budget (hereinafter - MCI), and are:
No. | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of activities of legal entities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan), accounting registration (re-registration), deregistration of their branches and representative offices, with the exception of commercial organizations: | |
1.1. | legal entities, their branches and representative offices | 6.5 |
1.2. | political parties, their branches and representative offices | 14 |
2. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of institutions financed from the budget, state-owned enterprises, cooperatives of owners of premises (apartments) and associations of property owners of an apartment building, accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1. | for state registration, registration of termination of activities, registration, deregistration | 1 |
2.2. | for re-registration | 0.5 |
3. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of children's and youth public associations, as well as public associations of disabled people, registration (re-registration), deregistration of their branches and representations, branches of republican and regional national-cultural public associations: | |
3.1. | for registration (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) | 2 |
3.2. | for re-registration, state registration of termination of activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | 1 |
Appendix 3 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules for the provision of public services "State registration of amendments and additions to the constituent documents
of a legal entity that does not belong to a private enterprise, as well as a joint-stock company, provisions on their branches (representative offices)"
Chapter 1. General Provisions
1. Rules for the provision of public services "State registration of amendments and additions to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint-stock company, regulations on their branches (representative offices)" (hereinafter referred to as the Rules) are developed in accordance with The law "On public services" and determines the procedure for the provision of public services "State registration of amendments and additions to constituent documents a legal entity not related to subject private entrepreneurship, as well joint stock company, regulations on their branches (representative offices) "(hereinafter referred to as the state service).
2. The state service is provided The Ministry justice and territorial bodies justice in relation to legal entities, branches and representative offices that are non-profit organizations and State corporation "Government for Citizens" (hereinafter - the State Corporation) in relation to legal entities, branches and representative offices that are commercial organizations (hereinafter referred to as the service provider).
3. State registration of amendments and additions to the constituent documents of a legal entity that is not a private business entity, as well as a joint-stock company, regulations on their branches (representative offices) of public and religious associations with republican and regional statuses, including political parties, Republican Notary Chamber, Republican Collegium of Advocates, Republican Chamber of Private Enforcement Agents, National Chamber of Entrepreneurs of the Republic of Kazakhstan, Chamber of Forensic Experts of the Republic of Kazakhstan, Arbitration Chamber of Kazakhstan, Republican Collegium of Legal Advisers, branches and representative offices of foreign and international non-profit associations shall be carried by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
Footnote. Clause 3 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. State registration of amendments and additions made to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint-stock company, provisions on their branches (representative offices) of public and religious associations with local status, foundations and associations of legal entities, branches and representative offices public and religious associations, carried out by the territorial bodies of justice.
5. State registration of amendments and additions to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint stock company, regulations on their branches (representative offices) related to commercial organizations and the registration re-registration of their branches and representative offices is carried out by the State Corporation.
Chapter 2. The procedure for the provision of public services
6. To receive public services, individuals and (or) legal entities (hereinafter referred to as the service recipient) submit an application in the form in accordance with applications 1 and 2 to these Rules (hereinafter referred to as the application) and a package of documents according to the list provided for in the standard of the public service "State registration of amendments and additions to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint-stock company, provisions on their branches (representative offices ) "According to Appendix 3 to these Rules (hereinafter referred to as the Standard) to the State Corporation or on the web portal of "electronic government": www.egov.kz (hereinafter referred to as the portal).
7. The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the Standard.
8. The application shall be accompanied by a decision or an extract from the decision of the authorized body of the legal entity on amendments and additions to the constituent documents, as well as the text of the amendments and additions made to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint stock company, provisions on their branches (representative offices), sealed by the seal of the legal entity (if any), except for the submission of an electronic application.
9. State registration of amendments and additions to the constituent documents of a legal entity that does not belong to a private enterprise, as well as a joint stock company, regulations on their branches (representative offices) are made in cases of a change in location, adoption of the charter (regulations) in a new edition.
10. The portal provides for a notification procedure for changing and supplementing the registration and other information of a legal entity, branch (representative office).
11. Changes and additions to the registration data of a legal entity, branch (representative office) are made when:
1) change location a legal entity related to a private enterprise, branch (representative office), with the exception of a joint stock company, branch (representative office);
2) change of the head (appointment of the head, appointment of the acting head, appointment of the manager of the property and activities of the legal entity, removal of the head from office);
3) amendments and additions to the constituent documents, with the exception of the requirements provided for article 14-1 The Law "On state registration of legal entities and record registration of branches and representative offices" (hereinafter referred to as the Law);
4) transfer share of the authorized capital in trust management;
five) increase authorized capital business partnerships;
6) change in the main type of economic activity;
7) change in the composition of founders (participants, members) non-profit organizations except for political parties.
12. Changes and additions to the registration data of a legal entity, branch (representative office) specified in subparagraphs 2), 6) and 7) the first parts of Article 14-2 of the Law are entered automatically on the basis of an electronic notification.
13. Changes and additions to the registration data of a legal entity, branch (representative office) specified in subparagraphs 1), 3), four) and five) part one of Article 14-2 of the Law, are introduced on the basis of an electronic notification with the attachment of the prescribed article 14-2 Law documents.
14. When changing the location of a legal entity related to a private enterprise, a branch (representative office), except for a joint stock company, a branch (representative office), a document confirming the location of the legal entity, branch (representative office) is attached to the notification.
15. In the event that the owner of the premises is an individual, a notarized consent of the individual to provide the premises for the location of the legal entity is submitted.
16. The exception is cases of changing the name of settlements, street names in accordance with the requirements Of the law Of the Republic of Kazakhstan "On the administrative-territorial structure of the Republic of Kazakhstan".
17. When transferring a share of the authorized capital into trust, an additionally notarized contract trust management.
18. When the composition of the founders (participants, members) of non-profit organizations changes, a list of founders (participants, members) of the non-profit organization is additionally submitted, indicating the last name, first name, patronymic (if it is indicated in the identity document), date, month, year of birth, individual identification numbers, place of residence, contact phone number, personal signature.
19. Legal entities, branches (representative offices) shall notify the registering body of amendments and additions to the constituent documents specified in the first part of this article, within a month from the date of the decision on amendments and additions to the constituent documents.
20. Changes and additions to the registration and other information of a legal entity, branch (representative office) are made within three working days from the date of submission of the electronic notification.
21. The presence of judicial acts, orders (bans, arrests) of bailiffs and law enforcement agencies, as well as cases provided for subparagraphs 3), four), 4-1) and 5) the first part of Article 11 of the Law, are the grounds for leaving the electronic notification unfulfilled with the notification of the applicant.
22. Responsibility for the completeness and accuracy of the information entered is borne by a legal entity, a branch (representative office).
23. When accepting documents, the employee of the service provider shall verify the document, proving the identity or an electronic document from the service of digital documents (for identification) of the service recipient with the information contained in the state information systems, and then return it to the service recipient.
Footnote. Clause 23 – as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).24. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider refuses to accept documents with the issuance of a receipt in the form according to Appendix 4 to these Rules.
25. Upon presentation of the full package of documents by the service provider, the service recipient is issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
26. Upon receipt of documents for the provision of state service in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider's office shall accept documents in accordance with the register and send them to the registration department (office) of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
The responsible officer shall: verify the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan and if there are no grounds for the refusal, draw up an order on state registration of amendments, additions to the constituent documents, enter information into the National Register of business identification numbers, draw up a certificate of state registration (re-registration) of a legal entity, record registration (re-registration) of a branch (representative office) with the assigned business identification number, draw up a case containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the BIN).
After consideration by the responsible executor, a certificate of state registration (re-registration) of a legal entity, record registration (re-registration) of a branch (representative office) with an assigned business identification number, or a motivated refusal order shall be sent to the management for signing. The documents signed by the management are transferred by the responsible executor to the office of the service provider. An employee of the service provider's office shall transfer the documents to the State Corporation through a courier or send them to the service recipient through the portal.
Footnote. Clause 26 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).27. Upon receipt of documents for the provision of state service in accordance with paragraph 5 of these Rules, the employee of the State Corporation shall accept, verify the documents submitted by the service recipient and the accepted documents, shall be sent to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
The responsible officer shall: verify the submitted documents for the correctness of their preparation (registration) for compliance with the current legislation of the Republic of Kazakhstan and if there are no grounds for the refusal, draw up an order on state registration of amendments, additions to the constituent documents draw up a certificate of state registration (re-registration) of a legal entity, record registration (re-registration) of a branch (representative office) with the assigned business identification number, draw up a case containing one copy of constituent and other documents after registration of the case (affixing the appropriate stamps confirming the BIN assignment).
After consideration by the responsible executor, a certificate of state registration (re-registration) of a legal entity, record registration (re-registration) of a branch (representative office) with an assigned business identification number, or a motivated refusal order shall be sent to the management for signing. The documents signed by the management shall be transferred by the responsible executor to the issuance department of the State Corporation.
Footnote. Clause 27 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).28. In the State Corporation, the issuance of finished documents shall be carried out upon presentation by the service recipient of an identity document or an electronic document from the service of digital documents (for identification) (or his representative, acting on the basis of a document, issued in accordance with the civil legislation of the Republic of Kazakhstan, in which the corresponding powers of the representative are indicated).
Footnote. Clause 28 – as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).29. In the case of submission of documents on the portal, a notification of state registration (re-registration) of legal entities is sent to the "personal account" for small and middle entrepreneurship or a reasoned response from the service provider about the refusal to provide public services in the form of an electronic document, certified by the service provider's EDS.
30. In cases of submission of an incomplete package of documents, the presence of deficiencies in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds provided for by the legislative acts of the Republic of Kazakhstan, the period of registration of amendments and additions to the constituent documents of a legal entity that is not a private business entity, as well as a joint-stock company, regulations on their branches (representative offices) shall be suspended until the identified deficiencies are eliminated or obtaining an appropriate conclusion (expertise).
When identifying grounds for suspending the period for the provision of the state service, the service provider shall suspend the period for the provision of the state service for no more than one month.
In this case, the service provider shall notify thereof the service recipient indicating the reasons and the period for suspension.
The decision on suspension of state registration shall be made by the service provider from the time of acceptance of documents for state registration until the time of issuance of the document, but no later than expiration period of provision of the service.
If within one month the circumstances that served as the basis for the suspension in registration are not eliminated, then a notification of refusal to provide the state service shall be issued no later than three working days before the end of the suspension.
Footnote. Clause 30 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).31. If there are grounds for the refusal of the state registration of amendments and additions to the constituent documents of a legal entity that is not a private business entity, as well as a joint-stock company, regulations on their branches (representative offices), the service provider, within time limits provided for in Article 14-1 of the Law, in writing, shall issue him a motivated refusal to provide the state service, on the grounds specified in paragraph 9 of the Standard.
When making a decision on refusal to provide a state service, the service provider, within one day, shall notify the service recipient of the preliminary decision on refusal to provide the state service, as well as the time and place of the hearing in order to be able to express to the service recipient the position on the preliminary decision.
Notice of hearing shall be sent at least three working days before the end of the term for the provision of the state service.
The objection of the service recipient upon a preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a motivated refusal to provide the state service.
Footnote. Clause 31 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).32. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner established authorized body in the field of informatization, in accordance with subparagraph 11) paragraph 2 article 5 of the Law "On public services".
33. In case of failure of the information system of the State database "Legal entities", the service provider immediately notifies operator information and communication infrastructure of "electronic government" (hereinafter - the operator).
In this case, the operator takes measures to determine the cause of the failure of the information system and, within 1 (one) business day, draws up a protocol (act) on the technical problem and signs it by the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
34. A complaint against the decision, actions (inaction) of the service provider and (or) its workers on the provision of state services shall be filed in the name of the head of the service provider.
A complaint of the service recipient, received to the address of the service provider directly providing the state service, in accordance with paragraph 2) of Article 25 of the Law “On State Services” shall be subject to consideration within five working days from the date of its registration.
A complaint of the service recipient, received to the address of the authorized body for assessing and monitoring the quality of the provision of state services shall be subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the unified contact center for the provision of state services.
Footnote. Clause 34 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).35. Consideration of a complaint shall be carried out by an authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and record registration of branches and representative offices, an authorized body for assessing and monitoring the quality of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction) is appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is appealed, shall be entitled not to send the complaint to the body considering the complaint, if he/she within three working days makes decision or other administrative action, which fully meet the requirements, specified in the complaint.
Unless as otherwise is provided by the law, applying to the court shall be allowed after appealing through the pre-trial process.
Footnote. Clause 35 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).36. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Statement
on state (accounting) registration of amendments and additions made to the
constituent documents of a legal entity, branch (representative office)
1. Form of organization (indicate in the appropriate cell x)
1) legal entity _______________ 2) branch __________________
3) representation ______________
2. Name of the legal entity, branch (representative office) ___
__________________________________________________________
3. Business identification number (BIN) ___________________
4. Grounds for amending the constituent documents of a legal entity
(indicate in the appropriate cell x):
1) change of location ____________________________________
2) approval of the charter (provision) in the new edition _________________
5. Location of a legal entity, branch (representative office)
Postal Code: ______________ Region: ________________________
City, district, district in the city: ____________________________________
Locality (village, settlement): ________________________________
Street, microdistrict, block, lane, avenue: ____________________
House number _________, apartment, room: _________________________
telephone (fax) number: _________________________________________
6. Full name (if any). Of the head
___________________________________________
__________________________________________________________
(with indication of identity card data and IIN)
7. Composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _____________ 2) individual ______________
Name of the legal entity _________________________________
________________________________________________________________
(indicating BIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) ____
Full name (if any). natural person
_______________________________________
_____________________________________________________________
(with indication of identity card data and IIN)
Share in the authorized capital% _________ Deposit amount (thousand tenge) _____
If the founders have more than one information about them: full name (if any) with
indicating the data of the identity card and IIN (for an individual),
name indicating BIN (for a legal entity), as well as their share in the charter
capital in percentage and monetary terms are attached to the application for
a separate sheet.
8. Indicate the code of the main type of economic activity: ____
9. The size of the authorized capital _______________________________________
10. Expected (approximate) number of employed people ______________
11. The basis for the amendment arose as a result of reorganization
(indicate in the appropriate cell x):
1) yes _______ 2) no ________
12. In case of joining, the following information must be specified:
Names of affiliated legal entities _____________________
Business identification number (BIN) ____________________________
13. A private entrepreneur (indicate in the appropriate box x):
1) medium-sized business entity _________
2) a large business entity _________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application: _______________________________________
____________________________________________________________
"__" ____ 20 __ (signature) ________________________
Full name (if any) and signature of the applicant
Statement
on state registration with amendments and additions made to a joint
stock company operating on the basis of a standard charter
1. Name of the registered joint stock company ______________
________________________________________________________________
2. Participation in the composition of foreign investors (indicate in the appropriate box x):
1) yes _________________ 2) no ____________________
3. The legal entity is a subsidiary (specify in the appropriate
cell x):
1) yes _________________ 2) no ____________________
4. Grounds for amending the constituent documents (specify in
corresponding cell x):
1) change of location ____________________________________
5. Location of the joint stock company
Postal Code: _______________________ Region: ________________
City, district, district in the city: _____________________________________
Locality (village, settlement): _________________________________
Street, microdistrict, block, lane, avenue: ____________________
House number ________________, apartment, room: ___________________
telephone (fax) number: __________________________________________
6. Full name head ____________________________________________
________________________________________________________________
(with indication of identity card data and IIN)
7. Indicate the code of the main type of economic activity: __________
8. Amount of the authorized capital _______________________________________
9. The composition and number of founders (indicate in the appropriate box x,
number in numerical designation):
1) legal entity _____________ 2) individual _______________
10. Specify the guaranteed dividend for the preferred
promotions: __________________________________________________________
________________________________________________________________
(in fixed expression or indexed relative to some
indicator, subject to the regularity and public availability of its values)
11. Specify the frequency of payment of dividends on preferred shares:
________________________________________________________
_______________________________________________________________
12. Indicate the media used for the publication
information subject to mandatory publication, certain
authorized body _______________________________
13. Number of members of the board of directors of the company ________________
____________________________________________________________
the requirements of clause 37 of the model charter apply to financial institutions.
14. Number of board members of the company _______________________
15. Expected (approximate) number of employed people __________
16. A private entrepreneur (indicate in the appropriate box x):
1) medium-sized business entity ______
2) a large business entity ______
17. The creation of a legal entity is preceded by a reorganization (specify in
corresponding cell x):
1) conversion ____________________
2) merge __________________
3) allocation _________________________
4) separation ______________
5) accession _______________
18. The number of legal entities participating in the reorganization _____
19. In case of conversion, you must provide the following information:
Former name of the legal entity _______________________
Business identification number (BIN) _________________________
20. In the event of a merger, the following information must be provided:
Names of legal entities participating in the merger ___________
Business identification number (BIN) _________________________
21. In case of separation, the following information must be specified:
The name of the current legal entity from which the new one is allocated
entity ________________________________
______________________________________________________
Business identification number (BIN) ___________________
22. In case of division, the following information must be specified:
Name of the legal entity on the basis of which the legal entities were created
________________________________________________________
_____________________________________________________________
Business identification number (BIN) _________________________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
Attached to the application: ______________________________________
_____________________________________________________________
"__" ____ 20 __ ________________
(signature) Full name (if any) and signature of the head
The authenticity of the signature must be notarized.
Footnote. Appendix 3 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Receipt of refusal to accept documents
Guided by paragraph 2 Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", department No.__ of the branch of the State Corporation (indicate the address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the public service standard) due to your incomplete a package of documents according to the list provided for by the public service standard, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each party.
Full name (if any) (employee of the State Corporation) (signature)
Executor: Full name (if available) _____________
Telephone __________
Received: full name (if any) / _______ / signature of the service recipient
"___" _________ 20__ year
Registration authority_________)
Certificate of state registration / re-registration
legal entity
_________________________________
business identification number
______________ "___" _________ 20 ___
Name:_______________________________________________________
____________________________________________________________________
Location: ___________________________________________________
Manager: _______________________________________________________
Founders (participants): _______________________________________________
Carries out activities on the basis of a model charter.
The certificate is a document confirming the state re-registration
legal entity, in accordance with the legislation of the Republic of Kazakhstan
Head of the registering authority ____________ _________________
(Signature) (Full name (if any)
Place of seal Date of issue
Registration authority_________)
Account registration / re-registration certificate
branch (representative office) of a legal entity
_________________________________
business identification number
________________ "___" _______ 20 ___ g
Locality
Name of the branch (representative office) of the legal entity: __________
___________________________________________________________________
Name of the legal entity:_____________________________________
Location of the branch (representative office) of the legal entity: _________
____________________________________________________________________
The certificate is a document confirming the re-registration of the branch
(representative office), in accordance with the legislation of the Republic of Kazakhstan
Head of the registering authority ____________ _________________
(Signature) (Full name (if any)
Place of seal Date of issue
Appendix 4 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules for the provision of the public service "State registration of termination of the activity of a legal entity,
deregistration of a branch and representative office"
Chapter 1. General Provisions
1. The rules for the provision of the public service "State registration of the termination of the activity of a legal entity, deregistration of a branch and a representative office" (hereinafter referred to as the Rules) are developed in accordance with The law "On public services" and determines the procedure for the provision of public services "State registration of termination of a legal entity, deregistration of a branch and representative office" (hereinafter referred to as the state service).
2. The state service is provided The Ministry justice and territorial bodies justice in relation to legal entities, branches and representative offices that are non-profit organizations and State corporation "Government for Citizens" (hereinafter - the State Corporation) in relation to legal entities, branches and representative offices that are commercial organizations (hereinafter - the service provider).
3. State registration of termination of activities of the legal entity, of public and religious associations with republican and regional statuses, including political parties, Republican Notary Chamber, Republican Collegium of Advocates, Republican Chamber of Private Enforcement Agents, National Chamber of Entrepreneurs of the Republic of Kazakhstan, Chamber of Forensic Experts of the Republic of Kazakhstan, Arbitration Chamber of Kazakhstan, Republican Collegium of Legal Advisers, removal from record registration of branches and representative offices of foreign and international non-profit associations shall be carried by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
Footnote. Clause 3 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. State registration of termination of activities of a legal entity, deregistration of a branch and representative office, public and religious associations with local status, foundations and associations of legal entities, registration of branches and representative offices of public and religious associations are carried out by territorial bodies of justice.
5. State registration of the termination of the activity of a legal entity, deregistration of a branch and representative office related to commercial organizations and the registration of their branches and representative offices is carried out by the State Corporation.
6. The activities of legal entities, their branches (representative offices), are subject to compulsory termination, provided that the following conditions are met simultaneously: a certain By the Government of the Republic of Kazakhstan, to the registration authority for formation of business identification numbers; not registered in the state revenue authorities as taxpayers. Termination of activity by compulsory procedure is carried out in court at the request of the body that carries out state registration of legal entities. Exception from National Register business identification numbers of legal entities are made on the basis of a court decision on compulsory liquidation, which entered into legal force.
Chapter 2. The procedure for the provision of public services
7. To receive public services, individuals and (or) legal entities (hereinafter referred to as the service recipient) submit an application in the form in accordance with Appendix 1 to these Rules (hereinafter referred to as the application) and a package of documents according to the list provided for in the state service standard "State registration of termination of a legal entity, deregistration of a branch and representative office" in accordance with Appendix 2 to these Rules (hereinafter referred to as the Standard) to the State Corporation or to web portal "Electronic government": www.egov.kz (hereinafter referred to as the portal).
8. The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the Standard.
9. When accepting documents, the service provider's employee checks document, proving the identity (in the case of contacting through the State Corporation) of the service recipient with the information contained in the state information systems, and then returns it to the service recipient.
10. In this case, if the service recipient submits an incomplete package of documents and (or) documents that have expired, the service provider refuses to accept documents with the issuance of a receipt in the form according to Appendix 3 to these Rules.
11. Upon presentation of the full package of documents to the service provider, the service recipient is issued a receipt for the acceptance of documents indicating the date and time of receipt of the result of the public service.
12. Upon receipt of documents for the provision of state service in accordance with paragraphs 3 and 4 of these Rules, an employee of the service provider's office shall accept documents in accordance with the register and send them to the registration department (office) of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
The responsible officer shall: verify the compliance with the procedure of liquidation, set forth by the legislative acts of the Republic of Kazakhstan and if there are no grounds for the refusal, enter to the National register the information on liquidation of a legal entity; issue an order on registration of termination of activities of the legal entity (branch and representative office), annulment of the certificate (record) of state registration (re-registration) and its exclusion from the National register.
Footnote. Clause 12 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).13. After consideration by the responsible executor, the order to register the termination of the activity of the legal entity (branch and representative office), or a reasoned order to refuse, is sent for signing to the management.
The documents signed by the management are transferred by the responsible executor to the office of the service provider. An employee of the service provider's office transfers the documents to the State Corporation through a courier or sends them to the service recipient through the portal.
14. Upon receipt of documents for the provision of the state service in accordance with paragraph 5 of these Rules to the State Corporation, the employee shall accept documents and according to the register, transfer to the appropriate division of the State Corporation in the field of registration of legal entities.
The head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible executor and transfer it to him for execution.
The responsible officer shall: verify the compliance with the procedure of liquidation, set forth by the legislative acts of the Republic of Kazakhstan and if there are no grounds for the refusal, enter information on liquidation of a legal entity into the National Register; draw up an order on registration of termination of a legal entity (branch and a representative office), annulment of the certificate (record) of state registration (re-registration) and its exclusion from the National Register.
After consideration by the responsible officer, the order on registration of termination of activities of a legal entity (branch and representative office) or a motivated refusal shall be sent to the management for signing.
Documents signed by the management, shall be transferred by the responsible officer to the issuance department of the State Corporation.
Footnote. Clause 14 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).15. In the State Corporation, the issuance of finished documents shall be carried out upon presentation by the service recipient of an identity card or an electronic document from the digital document service (for identification) (or its representative acting on the basis of a document issued in accordance with the civil legislation of the Republic of Kazakhstan, which indicates the relevant powers of the representative).
Footnote. Clause 15 – as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).16. In the case of submission of documents on the portal, a notification is sent to the personal account of the state registration of legal entities for small and middle entrepreneurship or a reasoned response from the service provider about the refusal to provide public services in the form of an electronic document, certified by the service provider's EDS.
17. In cases of submission of an incomplete package of documents, the presence of deficiencies in them, the need to obtain an expert (specialist) opinion on the constituent documents, as well as on other grounds, stipulated by the legislative acts of the Republic of Kazakhstan, the period of state (record) registration shall be suspended until the identified deficiencies are eliminated or an appropriate conclusion (expertise) is received.
If there are grounds for suspension of provision of a state service, the service provider shall suspend the provision of a state service for the period of no more than one month.
In this case, the service provider shall notify thereof the service recipient indicating the reasons and the period for suspension.
Decision on suspending the state registration shall be made by the service provider from the time of acceptance of documents for state registration until the time of issuance of the document, but no later than expiration of the period of provision of service.
If within one month the circumstances that served as the basis for suspension in registration are not eliminated, then a notification of refusal to provide a state service shall be issued no later than three working days before the end of the suspension.
Footnote. Clause 17 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).18. If there are grounds for refusing state registration of a legal entity, record registration of a branch (representative office), the service provider within the time limits provided for in Article 16 of the Law, in writing, shall issue him a motivated refusal to provide the state service, on the grounds specified in paragraph 9 of the Standard.
When making a decision on refusal to provide a state service, the service provider, within one day, shall notify the service recipient of the preliminary decision on refusal to provide the state service, as well as the time and place of the hearing in order to be able to express to the service recipient the position on the preliminary decision.
Notice of hearing shall be sent at least three working days before the end of the term for the provision of the state service.
The objection of the service recipient upon a preliminary decision shall be accepted by the service provider within 2 working days from the date of its receipt.
Based on the results of the hearing, the service provider shall decide on state registration or form a reasoned refusal to provide the state service.
Footnote. Clause 18 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).19. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner established authorized body in the field of informatization, in accordance with subparagraph 11) paragraph 2 article 5 of the Law "On public services".
20. In case of failure of the information system of the State database "Legal entities", the service provider immediately notifies operator information and communication infrastructure of "electronic government" (hereinafter - the operator).
In this case, the operator takes measures to determine the cause of the failure of the information system and, within 1 (one) business day, draws up a protocol (act) on the technical problem and signs it by the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
21. A complaint against the decision, actions (inaction) of the service provider and (or) its workers on the provision of state services shall be filed in the name of the head of the service provider.
A complaint of the service recipient, received to the address of the service provider directly providing the state service, in accordance with paragraph 2) of Article 25 of the Law “On State Services” shall be subject to consideration within five working days from the date of its registration.
A complaint of the service recipient, received to the address of the authorized body for assessing and monitoring the quality of the provision of state services shall be subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the unified contact center for the provision of state services.
Footnote. Clause 21 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).22. Consideration of a complaint shall be carried out by an authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and record registration of branches and representative offices, an authorized body for assessing and monitoring the quality of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction) is appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is appealed, shall be entitled not to send the complaint to the body considering the complaint, if he/she within three working days makes decision or other administrative action, which fully meet the requirements, specified in the complaint.
Unless as otherwise is provided by the law, applying to the court shall be allowed after appealing through the pre-trial process.
Footnote. Clause 22 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).23. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Appendix 1 to the Rules public services "State registration termination of activities legal entity, deregistration branch and representative office" |
|
The form |
Application for registration of termination of activities of a legal entity, branch (representative office)
1. Form of organization (indicate in the appropriate cell x)
1) legal entity ___________ 2) branch ________
3) representation __________
2. Name of the legal entity, branch (representative office) _____
________________________________________________________________
3. Business identification number (BIN) (in case of absence – registration
number)___________________________________________
4. The reason for the termination of activities arose as a result of (specify
corresponding cell x)
1) liquidation _______
2) reorganization by joining _________
5. Termination of the activity of a legal entity, branch (representative office)
(indicate in the appropriate cell x)
1) voluntary _______________
2) forced __________________
6. The name of the organ in which the announcement about
termination of the activity of a legal entity, branch (representative office), number
and date of publication ______________________
_______________________________________________________________
7. Information about the branches (representative offices) of the legal entity (specify in
corresponding cell x)
1) yes __________ 2) no ___________
Attached to the application: _________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________
Full name (if any) and signature of the applicant I agree to the use of information,
constituting a secret protected by law, contained in information
systems __________
"____" _______ 20 __ (signature)
Appendix 2 to the Rules public services "State registration termination of activities legal entity, deregistration branch and representative office" |
Footnote. Appendix 2 as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Appendix 3 to the Rules public services "State registration termination of activities legal entity, deregistration branch and representative office" |
|
The form |
(Surname, name, if available, patronymic
(hereinafter - full name),
or the name of the organization
service recipient)
_________________________________
(address of the service recipient)
Receipt of refusal to accept documents
Guided by paragraph 2 Article 20 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", department No.__ of the branch of the State Corporation (indicate the address) refuses to accept documents for the provision of public services (indicate the name of the public service in accordance with the public service standard) due to your incomplete a package of documents according to the list provided for by the public service standard, namely:
Name of missing documents:
1)________________________________________;
2) ________________________________________;
3) ________________________________________;
This receipt is made in 2 copies, one for each party.
Full name (if any) (employee of the State Corporation) (signature)
Contractor: full name (if any) _____________
Telephone __________
Received: Full name (if any) / ____ / signature of the service recipient
"___" _________ 20__ year
Appendix 4 to the Rules public services "State registration termination of activities legal entity, deregistration branch and representative office" |
The rates of fees are calculated based on the size of the monthly calculated indicator established for the corresponding financial year by the law on the republican budget (hereinafter - MCI), and are:
P / p No. | Types of registration actions | Rates (MCI) |
1 | 2 | 3 |
1. | For state registration (re-registration), state registration of termination of activities of legal entities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan), accounting registration (re-registration), deregistration of their branches and representative offices, with the exception of commercial organizations: | |
1.1. | legal entities, their branches and representative offices | 6.5 |
1.2. | political parties, their branches and representative offices | 14 |
2. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of institutions financed from the budget, state-owned enterprises, cooperatives of owners of premises (apartments) and associations of property owners of an apartment building, accounting registration (re-registration), deregistration of their branches and representative offices: | |
2.1. | for state registration, registration of termination of activities, registration, deregistration | 1 |
2.2. | for re-registration | 0.5 |
3. | For state registration (re-registration), state registration of termination of activities (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) of children's and youth public associations, as well as public associations of disabled people, registration (re-registration), deregistration of their branches and representations, branches of republican and regional national-cultural public associations: | |
3.1. | for registration (including during reorganization in cases stipulated by the legislation of the Republic of Kazakhstan) | 2 |
3.2. | for re-registration, state registration of termination of activities (including during reorganization in cases provided for by the legislation of the Republic of Kazakhstan), deregistration | one |
Appendix 5 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules for the provision of public services "Issuance of a duplicate of the charter (provision) of a legal entity that does not
belong to a private enterprise, as well as a joint stock company, their branches and representative offices"
Chapter 1. General Provisions
1. The rules for the provision of public services "Issuance of a duplicate of the charter (provision) of a legal entity that does not belong to a private enterprise, as well as a joint stock company, their branches and representative offices" (hereinafter - the Rules) are developed in accordance with The law "On public services" and determines the procedure for the provision of public services "Issuance of a duplicate of the charter (provision) of a legal entity that does not belong to subject private entrepreneurship, as well joint stock company, their branches and representative offices "(hereinafter referred to as the state service).
2. The state service is provided The Ministry justice and territorial bodies justice in relation to legal entities, branches and representative offices that are non-profit organizations and State corporation "Government for Citizens" (hereinafter - the State Corporation) in relation to legal entities, branches and representative offices, which are commercial organizations (hereinafter - service provider).
3. Issuance of a duplicate of the charter (regulations) of public and religious associations with republican and regional statuses, including political parties, Republican Notary Chamber, Republican Collegium of Advocates, Republican Chamber of Private Enforcement Agents, National Chamber of Entrepreneurs of the Republic of Kazakhstan, Chamber of Forensic Experts of the Republic of Kazakhstan, Arbitration Chamber of Kazakhstan, Republican Collegium of Legal Advisers, branches and representative offices of foreign and international non-profit associations shall be carried out by the Ministry of Justice of the Republic of Kazakhstan (hereinafter referred to as the Ministry).
Footnote. Clause 3 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. Issuance of a duplicate of the charter (regulation) of created, reorganized legal entities, and registration of branches and representative offices, public and religious associations with local status, foundations and associations of legal entities, registration of branches and representative offices of public and religious associations, is carried out by territorial bodies of justice.
5. Issuance of a duplicate of the charter (provision) of a legal entity that does not belong to subject private entrepreneurship, as well joint stock company, their branches and representative offices related to commercial organizations are carried out by the State Corporation.
Chapter 2. The procedure for the provision of public services
6. To obtain the state service, legal entities (hereinafter referred to as the service recipient) shall submit an application in an electronic format in the form according to Appendix 1 to these Rules (hereinafter referred to as the application) and a set of documents according to the list provided for in the Standard of state service “Issuance of a duplicate of the charter (regulations) of a legal entity that is not a private business entity, as well as a joint stock company, their branches and representative offices” according to Appendix 2 to these Rules (hereinafter referred to as the Standard) through the web-portal of “electronic government”: www.egov.kz (hereinafter referred to as the portal).
Footnote. Clause 6 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).7. The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the Standard.
8. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).9. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
10. When the service recipient submits all the necessary documents in the "personal account" of the service recipient, the status of acceptance of the request for the provision of the state service is displayed, indicating the date and time of receiving the result of the provision of the state service.
Footnote. Clause 10 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).11. Upon receipt of documents for the provision of the state service in accordance with paragraphs 3, 4 and 5 of these Rules, the head of the department (office) of registration of legal entities within 15 minutes shall determine the responsible officer and transfer it for execution.
The responsible officer shall: verify the completencess of the submitted set of documents for compliance with the current legislation of the Republic of Kazakhstan; draw up a duplicate of the charter (regulations) of the legal entity that is not a private business entity, as well as a joint stock company, their branches and representative offices.
After consideration by the responsible officer, an order on the issuance of a duplicate of the charter (regulations) of the legal entity that is not a private business entity, as well as a joint stock company, their branches and representative offices shall be submitted for signing to the management of the authorized body.
After signing the order by the management, a duplicate of the charter (regulations) of a legal entity , that is not a private business entity, as well as a joint-stock company, their branches and representative offices in electronic format shall be sent by the responsible officer to the "personal account" of the service recipient through the portal, certified by an electronic digital signature (hereinafter referred to as the EDS) of the service provider.
Footnote. Clause 11 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).12. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
13. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
14. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
15. If there are grounds for the refusal to provide the state service, a notification on the refusal to provide the state service certified by the EDS of the service provider shall be sent to the personal account of the service recipient on the portal.
Footnote. Clause 15 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).16. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner established authorized body in the field of informatization, in accordance with subparagraph 11) paragraph 2 article 5 of the Law "On public services".
17. In case of failure of the information system of the State database "Legal entities", the service provider immediately notifies operator information and communication infrastructure of "electronic government" (hereinafter - the operator).
In this case, the operator takes measures to determine the cause of the failure of the information system and, within 1 (one) business day, draws up a protocol (act) on the technical problem and signs it by the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
18. A complaint against the decision, actions (inaction) of the service provider and (or) its workers on the provision of state services shall be filed in the name of the head of the service provider.
A complaint of the service recipient, received to the address of the service provider directly providing the state service, in accordance with paragraph 2) of Article 25 of the Law “On State Services” shall be subject to consideration within five working days from the date of its registration.
A complaint of the service recipient, received to the address of the authorized body for assessing and monitoring the quality of the provision of state services shall be subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the unified contact center for the provision of state services.
Footnote. Clause 18 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).19. Consideration of a complaint shall be carried out by an authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and record registration of branches and representative offices, an authorized body for assessing and monitoring the quality of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction) is appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is appealed, shall be entitled not to send the complaint to the body considering the complaint, if he/she within three working days makes decision or other administrative action, which fully meet the requirements, specified in the complaint.
Unless as otherwise is provided by the law, applying to the court shall be allowed after appealing through the pre-trial process.
Footnote. Clause 19 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).20. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Statement
on the issuance of a duplicate of the charter (regulation) of a legal entity that does not belong
to a private enterprise, as well as a joint stock company, their branches and representative offices
1. Form of organization (indicate in the appropriate cell x)
1) legal entity ____
2) branch ___ 3) representative office ____
2. Name of the legal entity, branch (representative office)
_______________________________________________________________
3. BIN of a legal entity, branch (representative office) ______________
4. The basis for the issuance of constituent documents of a legal entity (branch and
representation ______________________________________
5. Number of the decision to obtain a duplicate and the date of its adoption
________________________________________________________________
6. The name of the organ in which the announcement of the loss was published
the original of the charter (provision) of a legal entity that does not belong to the subject
private entrepreneurship, as well as joint stock company, their branches and
representations, number and date of publication
____________________________________________________
Full name (if any). and the signature of the applicant ._______________________
I agree to the use of information constituting a secret protected by law,
contained in information systems __________
"___" ____ 20 __ (signature)
Attached to the application: ________________________________________
Footnote. Appendix 2 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Footnote. Appendix 3 was excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 22.02.2021 No. 121 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Appendix 6 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules
for the provision of the public service "Issuance of a certificate of registration (re-registration)
of legal entities, of registration (re-registration) of their branches and representative offices"
Chapter 1. General Provisions
1. The rules for the provision of the public service "Issuance of a certificate of registration (re-registration) of legal entities, of registration (re-registration) of their branches and representative offices" (hereinafter - the Rules) are developed in accordance with The law "On public services" and determines the procedure for the provision of public services "Issuance reference on registration (re-registration) of legal entities, about registration (re-registration) of their branches and representative offices ”(hereinafter referred to as the state service).
2. The state service is provided The Ministry justice and territorial bodies justice in relation to legal entities, branches and representative offices that are non-profit organizations and State corporation "Government for Citizens" (hereinafter - the State Corporation) in relation to legal entities, branches and representative offices that are commercial organizations (hereinafter - the service provider).
3. reference on the state registration (re-registration) of a legal entity contains information about the date of its issue, the registering authority, business identification room, date of state registration (re-registration), name and location of the legal entity, managers and founders (participants). If a legal entity related to a private enterprise carries out its activities on the basis of model charter, then information about this is displayed in the specified help.
four. reference on the record registration (re-registration) of the branch (representative office) contains information about the date of its issue, the registering authority, business identification room, the date of registration (re-registration), the name and location of the branch (representative office), the name of the legal entity that created the branch (representative office) (hereinafter referred to as the Help).
Chapter 2. The procedure for the provision of public services
5. To obtain public services, individuals and (or) legal entities (hereinafter referred to as the service recipient) submit a request in electronic format in the form in accordance with Appendix 1 to these Rules (hereinafter - the request) through web portal "Electronic government" www.egov.kz (hereinafter referred to as the Portal), according to Appendix 4 to these Rules (hereinafter referred to as the Standard).
6. The recipient receives a public service in electronic form through the portal, subject to the availability of an electronic digital signature (hereinafter - EDS) or the use of a one-time password, in case registration and connecting the subscriber number of the service recipient provided by the cellular operator to the portal account, the service is available to third parties.
7. The request is forwarded for processing to the information system of the State database "Legal entities" (hereinafter referred to as the Legal Entities SDB), where processing is carried out in the Legal Entities SBD within 15 minutes. "Request in processing" This status means that the request is being processed.
After processing the request, the service recipient is given the status "The request has been processed positively", where, based on the results, the corresponding certificate is generated:
on state registration (re-registration) of a legal entity in accordance with Appendix 2;
certificate of registration (re-registration) of a branch (representative office) in accordance with Appendix 3 to these Rules, the certificate is available for viewing and saving, in the absence of information about the legal entity, the result of the absence of information is provided.
8. The list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the Standard.
9. A document confirming the state registration (re-registration) of a legal entity, accounting registration (re-registration) of a branch (representative office) is a certificate in the form, according to Appendix 2 and 3 to these Rules.
10. When accessing the portal, the result of the provision of public services is sent to the "personal account" of the service recipient in the form of an electronic document certified by an EDS.
11. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner established authorized body in the field of informatization, in accordance with subparagraph 11) paragraph 2 article 5 of the Law "On public services".
12. In the event of a failure of the information system of the SBS LE, the service provider immediately notifies operator information and communication infrastructure of "electronic government" (hereinafter - the operator).
In this case, the operator takes measures to determine the cause of the failure of the information system and, within 1 (one) business day, draws up a protocol (act) on the technical problem and signs it by the service provider.
Chapter 3. The procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the provision of public services
13. A complaint against the decision, actions (inaction) of the service provider and (or) its workers on the provision of state services shall be filed in the name of the head of the service provider.
A complaint of the service recipient, received to the address of the service provider directly providing the state service, in accordance with paragraph 2) of Article 25 of the Law “On State Services” shall be subject to consideration within five working days from the date of its registration.
A complaint of the service recipient, received to the address of the authorized body for assessing and monitoring the quality of the provision of state services shall be subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the unified contact center for the provision of state services.
Footnote. Clause 13 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).14. Consideration of a complaint shall be carried out by an authorized body that carries out state regulation and control of activities in the field of state registration of legal entities and record registration of branches and representative offices, an authorized body for assessing and monitoring the quality of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, action (inaction) is appealed.
The service provider, whose decision, action (inaction) is appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
In this case, the service provider, whose decision, action (inaction) is appealed, shall be entitled not to send the complaint to the body considering the complaint, if he/she within three working days makes decision or other administrative action, which fully meet the requirements, specified in the complaint.
Unless as otherwise is provided by the law, applying to the court shall be allowed after appealing through the pre-trial process.
Footnote. Clause 14 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).15. Excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 12.10.2021 No. 884 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Request for a certificate of registration (re-registration) of legal entities,
of registration (re-registration) of their branches and representative offices
I, _______________________________________________________________
(Full name (if any)., Passport data (data
identity card) and place of residence of an individual,
_________________________________________________________________
(name and details of the legal entity)
__________________________________________________________________
Acting as a legal entity
__________________________________________________________________
(filled in by an authorized representative) based on
______________________________________________________
(details of the document certifying authority)
Please provide me with: a certificate of registration (re-registration) of legal
persons, on the registration (re-registration) of their branches and representative offices on
entity: ____________________________
(name of the legal entity, branch and representative office)
I am attaching the following documents: ___________________________________
The date __________,_________________________________________/________
(Full name (if any) and signature of the applicant / authorized representative)
_________________________________________________________________
(Full name (if any) and signature of the specialist who accepted the request)
Result of execution / consideration / application: _____________________
_________________________________________________________________
verified: date ______________ 20 ____
__________________________________________________________________
(Full name (if any) and signature of a specialist)
Appendix 2 to the Rules public services "Issuance of a certificate of registration (re-registration) of legal persons on record registration (re-registration) of their branches and representations" |
Registration authority ____________________
reference
on state registration / re-registration
legal entity ________________________________
business identification number
________________ "___" ________ 20__
Locality
Name: ____________________________________________________________
__________________________________________________________________________
Location: _________________________________________________________
Manager: _____________________________________________________________
Founders (participants): ____________________________________________________
Carries out activities on the basis of a model charter. Help is
a document confirming the state registration of a legal entity, in
in accordance with the legislation of the Republic of Kazakhstan Date of issue
Appendix 3 to the Rules public services "Issuance of a certificate of registration (re-registration) of legal persons on record registration (re-registration) of their branches and representations" |
Registration authority ___________________
reference
about the registration / re-registration of the branch
(introduce a legal entity ________________________________
business identification number
________________ "___" _________ 20__
Locality
Name of the branch (representative office) of the legal entity: ________
___________________________________________________________________
Name of the legal entity:____________________________________
___________________________________________________________________
Location of a branch (representative office) of a legal entity: _____
___________________________________________________________________
Date of initial registration of the branch (representative office): ____
___________________________________________________________________
The certificate is a document confirming the re-registration of the branch
(representative office), in accordance with the legislation of the Republic of Kazakhstan
date of issue
Appendix 4 to the Rules public services "Issuance of a certificate of registration (re-registration) of legal persons on record registration (re-registration) of their branches and representations" |
Appendix 7 to the order Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 66 |
Rules for the provision of the public service "Issuance of a certificate from the state database" Legal entities "
Footnote. The Rules were excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 No. 657 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Attachment 1 to the Rules public services "Issuance of a certificate from state database "Legal entities" |
|
The form |
Request for a certificate from the State database "Legal entities"
I, ______________________________________________________________
(Full name (if any)., Passport data (identity card data)
and the place of residence of an individual,
__________________________________________________________________
(name and details of the legal entity)
__________________________________________________________________
Acting as a legal entity
__________________________________________________________________
(to be filled in by an authorized representative)
based _______________________________________________________
(details of the document certifying authority)
Please provide me with: a certificate from the State Database "Legal
faces "
___________________________________________________________________
(name of the certificate)
I am attaching the following documents:
____________________________________________________________________
The date __________,_________________________________________/______
(Full name (if any) and signature of the applicant / authorized representative)
______________________________________________________
(Full name (if any) and signature of the specialist who accepted the request)
Result of execution / consideration / application: ________________________
____________________________________________________________________
verified: date ______________ 20 ____ year.
____________________________________________________________________
(Full name (if any) and signature of a specialist)
Appendix 2 to the Rules public services "Issuance of a certificate from state database "Legal entities" |
Appendix 8 to the order of the Minister of Justice Republic of Kazakhstan dated May 29, 2020 No. 99 |
List of some orders that have expired
1. Order Of the Minister of Justice of the Republic of Kazakhstan dated June 26, 2019 No. 349 "On Approval of the Standards of Public Services for the Registration of Legal Entities, Branches and Representative Offices" (registered in the Register of State Registration of Regulatory Legal Acts No. 18916, published on July 2, 2019 in the Reference Control Bank of Regulatory legal acts of the Republic of Kazakhstan).
2. Order and about. Of the Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 301 "On approval of the regulations of public services on the registration of legal entities, branches and representative offices" (registered in the Register of State Registration of Normative Legal Acts No. 11530, published on August 3, 2015 in the information and legal system "Әділет").
3. Order Of the Minister of Justice of the Republic of Kazakhstan dated February 29, 2016 No. 100 "On amendments to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register state registration of normative legal acts No. 13508, published on March 29, 2016 in the information and legal system "Әділет").
four. Order Of the Minister of Justice of the Republic of Kazakhstan dated March 27, 2018 No. 469 "On amendments to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register state registration of regulatory legal acts No. 16723, published on April 18, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
five. Order Of the Minister of Justice of the Republic of Kazakhstan dated January 10, 2019 No. 8 "On amendments to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register state registration of regulatory legal acts No. 18185, published on January 17, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).
6. Order Of the Minister of Justice of the Republic of Kazakhstan dated July 31, 2019 No. 421 "On amendments and additions to the order of the Acting Minister of Justice of the Republic of Kazakhstan dated May 29, 2015 No. 301" On approval of the regulations of public services on the registration of legal entities, branches and representative offices "(registered in the Register of State Registration of Regulatory Legal Acts No. 19178, published on August 12, 2019 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan).