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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of July 29, 2021 No. 657

About modification and amendments in the order of the acting minister of justice of the Republic of Kazakhstan of May 29, 2020 No. 66 "About approval of rules of rendering the state services in the field of state registration of legal entities and accounting registration of branches and representations"

I ORDER:

1. Bring in the order of the acting minister of justice of the Republic of Kazakhstan of May 29, 2020 No. 66 "About approval of rules of rendering the state services in the field of state registration of legal entities and accounting registration of branches and representations" (it is registered in the Register of state registration of regulatory legal acts for No. 20771) the following changes and amendments:

7) of Item 1 of the Order to exclude the subitem;

in rules of rendering the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations":

be reworded as follows Item 13:

"13. In case of documents acceptance the worker of the service provider verifies the identity document, or the electronic document from service of digital documents (for identification) uslugopoluchatel with the data containing in the state information systems then returns it to uslugopoluchatel.";

to be reworded as follows Items 8 and 10 appendix 6:

8

List of documents necessary for rendering the state service

1) in the State corporation:

1) for state registration of legal entities:

statements in forms, according to appendices:

1 (statement for the state (accounting) registration of the legal entity, branch (representation):

2 (the statement for state registration of the economic partnerships performing the activities based on the standard charter):

3 (the statement for state registration of the joint-stock company performing the activities based on the standard charter):

4 (the statement for state registration of the production cooperative performing the activities based on the standard charter);

5 (the statement for state registration of the subject of medium business and opening of the bank account and for compulsory insurance of the worker from accidents (except as specified when the founder (founders) of the legal entity performs (perform) activities without introduction in employment relationships with physical persons) in form, according to appendix to Rules (further – the statement).

Legal entities with participation of the state, submit the application with mark of registry holder.

State registration of the legal entities belonging to subjects of medium and big business with foreign participation except for of persons which do not have identification numbers according to the Law of the Republic of Kazakhstan "About national registers of identification numbers" is made according to the procedure, established for state registration of the legal entities of the Republic of Kazakhstan belonging to subjects of medium and big business. If other be not established by the international treaties ratified by the Republic of Kazakhstan, then in addition shall are provided:

the copy of the legalized statement from the trade register or other legalized document certifying that the founder - the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested transfer into the Kazakh and Russian languages;

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

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the "electronic government" of subscriber number of cellular communication of the user registered on the web portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the web portal of "the electronic government".

Joint-stock company:

the charter, except for the joint-stock company performing the activities based on the standard charter;

protocol of the constituent assembly, or decision of the single participant;

the receipt or other document confirming payment in the budget of collection for state registration or the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

If the legal entity treats the subject of the market holding monopoly position in the corresponding goods market and also the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them who will perform the activities in the territory of the Republic of Kazakhstan, except as specified, when creation is directly provided by the laws of the Republic of Kazakhstan is performed by registering body from prior consent of antimonopoly authority;

Partnership in commendam:

the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

Complete partnership:

the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

Production cooperative:

the list of members of production cooperative with indication of surname, name, middle name (in case of its availability), IIN, residences;

the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

Consumer cooperative:

charter;

foundation agreement;

the receipt or other document confirming payment in the budget of collection for state registration;

consumer cooperative the list of members of this cooperative with indication of their surname, name, middle name (is submitted in case of its availability), IIN and residences – for citizens, and data on the location, bank details and the BIN - for legal entities.

Partnership with the accessorial liability:

the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

Limited liability partnership:

the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

State company:

charter;

decision of the Government of the Republic of Kazakhstan or local executive body on creation of the company;

the document confirming payment in the State corporation, except for the legal entities belonging to subjects of small and medium entrepreneurship.

Public institution:

decision on creation of public institution;

provision (charter);

the receipt or other document confirming payment in the budget of collection for state registration.

Housing cooperative and housing cooperative:

charter;

the receipt or other document confirming payment in the budget of collection for state registration.

And building cooperatives also the list of members of these cooperatives with indication of their surname, name, middle name (is submitted housing in case of its availability), residences and IIN.

Cooperative of owners of rooms (apartments):

the protocol of the constituent assembly of owners of rooms (apartments) in object of condominium or the protocol with sheets of vote following the results of written poll;

charter;

the document certifying the location of the legal entity *;

the state act of registration or re-registration of object of condominium, or the document confirming state registration of object of condominium with stamp of registering body;

the receipt or other document confirming payment in the budget of collection for state registration.

Consolidation of owners of property:

protocol of meeting;

charter of consolidation of owners of property;

the receipt or other document confirming payment in the budget of the registration fee for state registration.

Bar:

the charter approved by the constituent assembly (conference) of members of Bar;

decision of authorized body on approval of the charter;

the receipt or other document confirming payment in the budget of collection for state registration.

Notarial chamber:

the charter approved by the supreme body of management of notarial chamber;

decision of the supreme body of management on approval of the charter;

the receipt or other document confirming payment in the budget of collection for state registration.

Fund:

charter;

the foundation agreement (in case of number of founders more than one);

decision of authorized body on approval of the charter;

decision of collegiate organ (board of trustees) on appointment of executive body;

the receipt or other document confirming payment in the budget of collection for state registration.

Consolidation:

the charter accepted at constituent congress (conference, meeting);

the protocol of the constituent congress (conference, meeting) which accepted the charter signed by the chairman and the secretary of congress (conference, meeting);

the list of citizens initiators of public association with indication of surname, name, middle name (in case of its availability), IIN, residences, home and office phones, the personal signature;

the document confirming the location of public association *;

the receipt or other document confirming payment in the budget of collection for state registration.

In case of registration of political parties are in addition represented:

party program;

lists of party members as a part of which there shall be at least forty thousand party members representing structural divisions (branches and representations) of batch in all areas, the city of republican value and the capital numbering at least six hundred party members in each of them with indication of surname, name, middle names (in the presence), IIN, residential addresses;

Note:

For creation of political party the organizing committee for creation of political party represents to registering body the notification on intention of creation of political party in form, according to appendix 13 to Rules, and also according to article 6 of the Law of the Republic of Kazakhstan "About political parties":

1) the list of initiative group of citizens on creation of political party on electronic (in EXCEL format) and paper carriers in form, according to appendix 13-1 to Rules and the information about members of organizing committee on electronic and paper carriers in form, according to appendix 14 to Rules;

2) the protocol of meeting of organizing committee in which are specified the purpose of its creation, the expected name of political party, the location, expected sources of forming and use of money and other property of organizing committee, and also the information about members of organizing committee authorized to open the settlement account for forming of means of organizing committee and to sign civil agreements for ensuring its activities.

The registering body in day of receipt of the notification and the documents provided by subitems 1), 2) of this Item issues to the authorized person of organizing committee confirmation about submission of documents in form, according to appendix 15 to Rules, confirming their representation.

In case of registration of political parties are in addition represented:

party program;

lists of party members as a part of which there shall be at least forty thousand party members representing structural divisions (branches and representations) of batch in all areas, the city of republican value and the capital numbering at least six hundred party members in form, according to appendix 16 to Rules on electronic (in EXCEL format) and paper carriers.

Consolidation of legal entities in the form of association (union), consolidation of individual entrepreneurs and legal entities, consolidation of individual entrepreneurs:

charter;

the foundation agreement signed by all founders of consolidation;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration.

Chamber of auditors:

charter;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration.

Religious consolidation:

the charter of religious consolidation signed by the head of religious consolidation;

protocol of the constituent assembly (congress, conference);

the list of citizens initiators of the created religious consolidation on electronic and paper carriers in form, according to appendix 17 to Rules;

the document confirming the location of religious consolidation;

the printed religious materials opening history of origin and fundamentals of dogma and containing data on the religious activities corresponding to it;

the receipt or other document confirming payment in the budget of collection for state registration;

the decision on election of the head of religious consolidation or in case of appointment of the head the foreign religious center the document confirming approval of authorized body.

In case of registration of regional religious consolidation are in addition represented the participant list of each of the local religious associations initiating creation of regional religious associations in the form established by registering body and also notarially certified copies of charters of their local religious associations;

the religious consolidation having the leading center outside the republic in addition represents:

the copy of the charter of the foreign center with notarially certified transfer in the Kazakh and Russian languages;

the statement from the register or other document certifying that the religious center is legal entity by the legislation of the country with notarially certified transfer in the Kazakh and Russian languages

charters (provisions) of the spiritual educational institutions, mosques, monasteries and other religious associations founded by religious managements (centers) affirm these religious managements (centers);

for registration the decision of authorized body of religious management (center) on their creation is submitted;

organization:

decision of the owner on creation of organization;

provision (charter);

the foundation agreement or the similar agreement (in case of number of owners (founders) more than one);

the receipt or other document confirming payment in the budget of collection for state registration.

Chamber of appraisers:

charter;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration.

Chamber of legal consultants:

charter;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration.

Firm of solicitors:

charter;

decision of authorized body on creation of the legal entity;

the receipt or other document confirming payment in the budget of collection for state registration of legal entities and accounting registration of branches and representations.

2) for accounting registration of branches (representations):

branch (representation) of the Kazakhstan legal entity:

the statement for accounting registration in form, according to appendix 1 (further – the statement) to Rules;

The receipt or other document confirming payment in the budget of the registration fee for accounting registration of branch (representation) of the legal entities belonging to non-profit organizations or the document confirming payment in the State corporation for branch (representation) of the legal entities belonging to the commercial organizations are enclosed to the application.

For branches (representations) of the legal entities who are not belonging to subjects of private entrepreneurship, and also joint-stock companies are in addition represented the regulations on branch (representation) in duplicate in the Kazakh and Russian languages approved by the legal entity, copies of the charter (provision) and the power of attorney of the legal entity (except for public and religious associations) issued to the head of branch (representation).

The application is signed by person, the authorized legal entity creating branch (representation) and sealed the legal entity (in case of its availability).

If the head of the legal entity is the head of branch (representation), that provision in registering body of the power of attorney is not required.

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

branch (representation) of the foreign legal entity:

the statement for accounting registration in form, according to appendix 1 (further – the statement) to Rules;

the regulations on branch (representation) approved by body of the legal entity;

the power of attorney issued by body of the legal entity to the head of branch or representation with notarially attested transfer into the Kazakh and Russian languages;

the decision of the legal entity on creation of branch (representation) with notarially attested transfer into the Kazakh and Russian languages;

the legalized statement from the trade register or other legalized document certifying that this subject opening branch (representation) in the Republic of Kazakhstan is legal entity by the legislation of the country, with notarially attested transfer into the Kazakh and Russian languages;

the copy of constituent documents of the legal entity with notarially attested transfer into the Kazakh and Russian languages;

the receipt or other document confirming payment in the budget of the registration fee for accounting registration of branch (representation) of foreign non-profit organization or the document confirming payment in the State corporation for branch (representation) of the foreign commercial organization.

3) for state registration of the legal entity created by reorganization move:

the statement, according to appendices 1, 2, 3 and 4 (further – the statement) to Rules;

the decision of the owner of property of the legal entity or the body authorized by the owner, founders (participants), the decision of the body authorized by constituent documents of the legal entity or the judgment in cases, the stipulated in Article 231 Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and Item 3 of Article 45 of the Civil code of the Republic of Kazakhstan of December 27, 1994;

in case of merge, accession, transformation - the transfer act, in case of separation, allocation - the separation balance sheet with indication of regulations on legal succession according to obligations of the reorganized legal entity, approved as the owner of property of the legal entity or the body which made the decision on reorganization of the legal entity, and the decision of authorized body of the legal entity on approval of the transfer act and the separation balance sheet;

the document confirming the written notice of creditors of reorganization of the legal entity;

the receipt or other document confirming payment in the budget of collection for the termination of activities of the reorganized legal entity belonging to non-profit organization or the document confirming payment in the State corporation for the termination of activities of the reorganized legal entity belonging to the commercial organization.

on the portal:

1) for state registration of the legal entity belonging to small business entity, the founder (founders) the notification on the beginning of implementation of business activity with opening of the bank account and compulsory insurance of the worker from accidents (except as specified when the founder (founders) of the legal entity performs (perform) activities without introduction in employment relationships with physical persons) in form, according to appendix 9 to Rules moves;

for state registration of the legal entity belonging to the subject of medium business, the founder (founders) fills form of state registration of the subject of medium business and opening of the bank account and for compulsory insurance of the worker from accidents (except as specified when the founder (founders) of the legal entity performs (perform) activities without introduction in employment relationships with physical persons) in form, according to appendix 5 to Rules.

For state registration of legal entities, branches and representations (except for political parties and religious associations):

electronic copy of the charter (provision);

payment of the registration fee through payment gateway of "the electronic government";

the electronic copy of the document confirming the location of public association *;

electronic copy of the decision of authorized body.

For joint-stock company:

the electronic copy of the charter, except for the joint-stock company performing the activities based on the standard charter;

electronic copy of the protocol of the constituent assembly, or decision of the single participant;

payment of the registration fee through payment gateway of "the electronic government";

the electronic copy of prior consent of antimonopoly authority if the legal entity treats the subject of the market holding monopoly position in the corresponding goods market and also the state companies, legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them who will perform the activities in the territory of the Republic of Kazakhstan, except as specified, when creation is directly provided by the laws of the Republic of Kazakhstan is performed by registering body from prior consent of antimonopoly authority;

Partnership in commendam:

payment of the registration fee through payment gateway of "the electronic government" except for the legal entities belonging to subjects of small and medium entrepreneurship.

Complete partnership:

payment of the registration fee through payment gateway of "the electronic government" except for the legal entities belonging to subjects of small and medium entrepreneurship.

For production cooperative:

the electronic copy of the list of members of production cooperative with indication of surname, name, middle name (in case of its availability), IIN, residences;

payment of the registration fee through payment gateway of "the electronic government".

For consumer cooperative:

electronic copy of the charter;

electronic copy of the foundation agreement;

payment of the registration fee through payment gateway of "the electronic government";

the electronic copy of the list of members of these cooperatives with indication of their surname, name, middle name (in case of its availability), IIN and residences – for citizens, and data on the location, bank details and the BIN - for legal entities.

For partnership with the accessorial liability:

payment of the registration fee through payment gateway of "the electronic government" except for the legal entities belonging to subjects of small and medium entrepreneurship.

Limited liability partnership:

payment of the registration fee through payment gateway of "the electronic government" except for the legal entities belonging to subjects of small and medium entrepreneurship.

For the state company:

electronic copy of the charter;

the electronic copy of the decision of the Government of the Republic of Kazakhstan or local executive body about creation of the company;

payment of the registration fee through payment gateway of "the electronic government".

For public institution:

electronic copy of the decision on creation of public institution;

electronic copy of provision (charter);

payment of the registration fee through payment gateway of "the electronic government".

For housing cooperative and housing cooperative:

electronic copy of the charter;

payment of the registration fee through payment gateway of "the electronic government" the electronic copy of the list of members of these cooperatives with indication of their surname, name, middle name (in case of its availability), residences and IIN.

For cooperative of owners of rooms (apartments):

the electronic copy of the protocol of the constituent assembly of owners of rooms (apartments) in object of condominium or the protocol with sheets of vote following the results of written poll;

electronic copy of the charter;

the electronic copy of the document certifying the location of the legal entity *;

the electronic copy of the state act of registration or re-registration of object of condominium, or the document, confirming state registration of object of condominium with stamp of registering body;

payment of the registration fee through payment gateway of "the electronic government".

For Bar:

the electronic copy of the charter approved by the constituent assembly (conference) of members of Bar;

electronic copy of the decision of authorized body on approval of the charter;

payment of the registration fee through payment gateway of "the electronic government".

For notarial chamber:

the electronic copy of the charter approved by the supreme body of management of notarial chamber;

electronic copy of the decision of the supreme body of management on approval of the charter;

payment of the registration fee through payment gateway of "the electronic government".

For fund:

electronic copy of the charter;

the electronic copy of the foundation agreement (in case of number of founders more than one);

electronic copy of the decision of authorized body on approval of the charter;

electronic copy of the decision of collegiate organ (board of trustees) on appointment of executive body;

payment of the registration fee through payment gateway of "the electronic government".

For consolidation:

the electronic copy of the charter accepted at constituent congress (conference, meeting);

the electronic copy of the protocol of the constituent congress (conference, meeting) which accepted the charter signed by the chairman and the secretary of congress (conference, meeting);

the electronic copy of the list of citizens initiators of public association with indication of surname, name, middle name (in case of its availability), IIN, residences, home and office phones, the personal signature;

the electronic copy of the document confirming the location of public association *;

payment of the registration fee through payment gateway of "the electronic government".

For consolidation of owners of property registration is performed by means of integration of objects of informatization and the state database "Legal entities" in electronic form.

For associations of legal entities in the form of association (union), associations of individual entrepreneurs and legal entities, associations of individual entrepreneurs:

electronic copy of the charter;

the electronic copy of the foundation agreement, signed by all founders of consolidation;

electronic copy of the decision of authorized body on creation of the legal entity;

payment of the registration fee through payment gateway of "the electronic government".

For chamber of auditors:

electronic copy of the charter;

electronic copy of the decision of authorized body on creation of the legal entity;

payment of the registration fee through payment gateway of "the electronic government".

For chamber of appraisers:

electronic copy of the charter;

electronic copy of the decision of authorized body on creation of the legal entity;

payment of the registration fee through payment gateway of "the electronic government".

For chamber of legal consultants:

electronic copy of the charter;

electronic copy of the decision of authorized body on creation of the legal entity;

payment of the registration fee through payment gateway of "the electronic government".

For firm of solicitors:

electronic copy of the charter;

electronic copy of the decision of authorized body on creation of the legal entity;

payment of the registration fee through payment gateway of "the electronic government".

2) for accounting registration of branches (representations):

branch (representation) of the Kazakhstan legal entity:

the application about accounting registration is submitted;

payment of the registration fee through payment gateway of "the electronic government" for accounting registration of branch (representation) of the legal entities belonging to non-profit organizations or the document confirming payment in the State corporation for branch (representation) of the legal entities belonging to the commercial organizations.

For branches (representations) of the legal entities who are not belonging to subjects of private entrepreneurship, and also joint-stock companies are in addition represented the electronic copy of regulations on branch (representation) in the Kazakh and Russian languages, approved as the legal entity, copies of the charter (provision) and the power of attorney of the legal entity (except for public and religious associations) issued to the head of branch (representation).

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

branch (representation) of the foreign legal entity:

notification on accounting registration;

the electronic copy of regulations on branch (representation) approved by body of the legal entity;

the electronic copy of the power of attorney issued by body of the legal entity to the head of branch or representation with notarially attested transfer into the Kazakh and Russian languages;

the electronic copy of the decision of the legal entity on creation of branch (representation) with notarially attested transfer into the Kazakh and Russian languages;

the electronic copy of the legalized statement from the trade register or other legalized document certifying that this subject opening branch (representation) in the Republic of Kazakhstan is legal entity by the legislation of the country, with notarially attested transfer into the Kazakh and Russian languages;

the electronic copy of constituent documents of the legal entity with notarially attested transfer into the Kazakh and Russian languages;

payment of the registration fee through payment gateway of "the electronic government" for accounting registration of branch (representation) of foreign non-profit organization or the document confirming payment in the State corporation for branch (representation) of the foreign commercial organization.

3) for state registration of the legal entity created by reorganization move:

notification;

the electronic copy of the decision of the owner of property of the legal entity or the body authorized by the owner, founders (participants), the decision of the body authorized by constituent documents of the legal entity or the judgment in cases, the stipulated in Article 231 Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, and Item 3 of Article 45 of the Civil code of the Republic of Kazakhstan of December 27, 1994;

in case of merge, accession, transformation – the electronic copy of the transfer act, in case of separation, allocation – the electronic copy of the separation balance sheet with indication of regulations on legal succession according to obligations of the reorganized legal entity, approved as the owner of property of the legal entity or the body which made the decision on reorganization of the legal entity, and the decision of authorized body of the legal entity on approval of the transfer act and the separation balance sheet;

the electronic copy of the document confirming the written notice of creditors of reorganization of the legal entity;

payment of the registration fee through payment gateway of "the electronic government" for the termination of activities of the reorganized legal entity belonging to non-profit organization or the document confirming payment in the State corporation for the termination of activities of the reorganized legal entity belonging to the commercial organization.

In case of the address through the portal to uslugopoluchatel the notification with indication of date and time of receipt of the result of the state service in electronic form certified by the EDS goes to "personal account".

Note:

* the electronic copies of documents confirming the location of the legal entity are the lease agreement and other document provided by the civil legislation.

If the owner of the room is the physical person, notarially attested consent of physical person on provision of the room as the location of the legal entity is provided.

Constituent documents of the legal entities relating to the commercial organizations, except for constituent documents of joint-stock companies and the state companies in case of state registration are not represented.

Constituent documents of the legal entities who are not belonging to subjects of private entrepreneurship are represented in the Kazakh and Russian languages.

In the cases provided by the Law in case of state registration of the legal entity whose object of activity is rendering financial services the National register of business and identification numbers receives data on availability of permission of authorized body on regulation, control and supervision of the financial market and the financial organizations by means of the electronic notification.

10

Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation

Uslugopoluchatelyam, having complete or partial loss of capability or opportunity to perform self-service in the procedure established by the legislation, independently to move, be guided, documents acceptance is made by the employee of the State corporation with departure at the place of residence by means of the address through Single contact center for rendering the state service 1414, 8 800 080 7777.

Uslugopoluchatel has possibility of receipt of the state service electronically through the web portal of "the electronic government" on condition of EDS availability.

Service of digital documents is available to the users authorized in mobile application.

For use of the digital document it is necessary to undergo authorization in mobile application with use of the electronic and digital signature or one-time password, further to pass into the Section "Digital Documents" and to choose the necessary document.

Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of "personal account" of the portal, service desks of the service provider, and also Single contact center "1414", 8-800-080-7777.

add with Appendix 13-1 and state in the following edition, according to appendix to this Order;

in rules of rendering the state service "State Re-registration of Legal Entities, Accounting Re-registration of Their Branches and Representations":

be reworded as follows Item 8:

"8. In case of documents acceptance the worker of the service provider verifies the identity document, or the electronic document from service of digital documents (for identification) uslugopoluchatel with the data containing in the state information systems then returns it to uslugopoluchatel.";

be reworded as follows Item 13:

"13. In the State corporation issue of ready documents is performed in case of presentation uslugopoluchately the identity certificate or the electronic document from service of digital documents (for identification) (or his representative, the acting on the basis of the document issued according to the civil legislation of the Republic of Kazakhstan in which appropriate authority of the representative is specified).";

to be reworded as follows Items 8 and 10 appendix 5:

8

List of the documents necessary for rendering the state service

1) in the State corporation:

the statement in form, according to appendices 1, 2, 3 and 4 to Rules (further – the statement).

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the "electronic government" of subscriber number of cellular communication of the user registered on the web portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the web portal of "the electronic government".

The legal entity in whose share the state participates submits the application with mark of registry holder;

the decision or statement from the decision of authorized body of the legal entity on the state (accounting) re-registration providing modification and amendments in constituent documents of the legal entity, regulations on branch (representation) under seal the legal entity, except for submissions of the electronic statement. If the legal entity is subject of private entrepreneurship, that fastening of documents is not required by seal;

two copies of constituent documents with the made changes and additions or the text of the made changes and additions in constituent documents of the legal entity who is not belonging to the subject of private entrepreneurship, branch (representation);

notarially certified charter (provision) with the made changes and additions or the text of the made changes and additions in charter of joint-stock company, regulations on branch (representation);

originals of former constituent documents of the legal entity who is not relating to the subject of private entrepreneurship, except for joint-stock companies, regulations on branches (representations);

the document confirming payment in the budget of the registration fee for the state re-registration of the legal entity which is non-profit organization or accounting re-registration of its branch (representation);

the document confirming payment in the State corporation for the state re-registration of the legal entity, being the commercial organization or accounting re-registration of its branch (representation).

Branches and representations are subject to re-registration in case of change of the name.

2) on the portal:

for the state re-registration of the legal entities belonging to subjects of private entrepreneurship, the founder (founders):

electronic statement;

in case of reduction of the size of the authorized capital and the notification in printing editions the electronic copy of cutting about the publication;

the electronic copy of the receipt / the payment order if the uslugopoluchatel did not choose payment method of the state collection for rendering service by means of PShEP;

in case of change of the location:

in case of the property right to real estate object: electronic confirmation from the State database "Register of the Real Estate" (further – GBD RN) about the property right to primary or secondary real estate object registered on business and identification number of uslugopoluchatel, at the address, specified by uslugopoluchatel, GBD RN signed by the EDS;

in case of tenancy at the legal entity: electronic copy of the lease agreement. In case of tenancy at physical person: the electronic copy of notarially attested consent of physical person on provision of the room as the location of the legal entity;

in case of the sublease of the room: electronic copies of lease and sublease;

in case of inclusion in the list of members of the nonresident of the Republic of Kazakhstan the electronic copy of the legalized statement from the trade register or other legalized document certifying that the founder - the foreign legal entity is legal entity by the legislation of foreign state, with notarially attested transfer in the Kazakh and Russian languages;

in case of inclusion in the list of members of the foreign person the electronic passport copy or other document proving the founder's identity - the foreigner, with notarially attested transfer in the Kazakh and Russian languages if the head, the entered new participant / founder is foreign person;

in case of change of list of participants by joint-stock company or the managing partnership at which maintaining the register of participants is performed by the central depositary, the electronic copy of the register of participants certified by seal of the registrar.

The electronic application is signed by the EDS of uslugopoluchatel. If the authorized person of uslugopoluchatel is not his head, that statement is approved with the head. For the legal entity, except for economic partnerships, joint-stock companies and production cooperatives electronic, the statement shall be approved on PEP with his participants. For branch (representation) – the head of his legal entity.

For the state re-registration of economic partnerships on the basis of change of list of participants, except for economic partnerships in which maintaining the register of participants of economic partnership is made by the professional participant of the security market performing activities for maintaining system of registers of security holders the electronic copy of the agreement of alienation (concession) of the right of the disposed participant of economic partnership to share in property (authorized capital) of partnership or its part according to the laws of the Republic of Kazakhstan and constituent documents is submitted.

The electronic copy of the agreement of alienation (concession) of the right of the disposed participant of economic partnership to share in property (authorized capital) of partnership or its part which party is the physical person is subject to the notarial certificate.

for the legal entity in whose share the state participates the electronic copy of the application with mark of registry holder is submitted;

the electronic copy of the decision or statement from the decision of authorized body of the legal entity on the state (accounting) re-registration providing modification and amendments in constituent documents of the legal entity, regulations on branch (representation), the electronic copy of notarially certified charter (provision) with the made changes and additions or the text of the made changes and additions in charter of joint-stock company, regulations on branch (representation);

payment of the registration fee through payment gateway of "the electronic government";

or the electronic document confirming payment in the State corporation for the state re-registration of the legal entity, being the commercial organization or accounting re-registration of its branch (representation).

10

Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation

Uslugopoluchatelyam, having complete or partial loss of capability or opportunity to perform self-service in the procedure established by the legislation, independently to move, be guided, documents acceptance is made by the employee of the State corporation with departure at the place of residence by means of the address through Single contact center for rendering the state service 1414, 8 800 080 7777.

Uslugopoluchatel has possibility of receipt of the state service electronically through the web portal of "the electronic government" on condition of EDS availability.

Service of digital documents is available to the users authorized in mobile application.

For use of the digital document it is necessary to undergo authorization in mobile application with use of the electronic and digital signature or one-time password, further to pass into the Section "Digital Documents" and to choose the necessary document

Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of "personal account" of the portal, service desks of the service provider, and also Single contact center "1414", 8-800-080-7777.

The state re-registration of public and religious associations with the republican and regional statuses, including political parties, accounting re-registration of branches and representations of foreign and international non-commercial non-governmental associations, is made by the Ministry of Justice of the Republic of Kazakhstan no later than 5 working days following behind day of filing of application with appendix of necessary documents in the location of uslugopoluchatel

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

be reworded as follows Item 23:

"23. In case of documents acceptance the worker of the service provider verifies the identity document or the electronic document from service of digital documents (for identification) (in case of the address through the State corporation) uslugopoluchatel with the data containing in the state information systems then returns it to uslugopoluchatel.";

be reworded as follows Item 28:

"28. In the State corporation issue of ready documents is performed in case of presentation uslugopoluchately the identity certificate or the electronic document from service of digital documents (for identification) (or his representative, the acting on the basis of the document issued according to the civil legislation of the Republic of Kazakhstan in which appropriate authority of the representative is specified).";

to be reworded as follows item 4 appendix 3:

4

Form of rendering the state service

Electronic (completely automated) / paper

to be reworded as follows Item 8 appendix 3:

8

List of documents necessary for rendering the state service

1) the statement in form, according to appendices 1 and 2 to these rules

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the "electronic government" of subscriber number of cellular communication of the user registered on the web portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the web portal of "the electronic government".

2) the decision or the statement from the decision of authorized body of the legal entity on modification and amendments in constituent documents of the legal entity, regulations on branch (representation), under seal the legal entity (in case of its availability);

3) two copies of constituent documents with the made changes and additions or the text of the made changes and additions in constituent documents of the legal entity who is not belonging to the subject of private entrepreneurship, branch (representation), under seal the legal entity;

4) notarially certified charter (provision) with the made changes and additions or the text of the made changes and additions in charter of joint-stock company, regulations on branch (representation);

5) originals of former constituent documents of the legal entity, regulations on branch (representation), except for joint-stock companies;

6) the document confirming the actual location (in case of change of the location).

The documents confirming the location of the legal entity are notarially attested copies of the lease agreement and other document provided by the civil legislation.

If the owner of the room is the legal entity, that provision of the document confirming the location is not required.

If the owner of the room is the physical person, notarially attested consent of physical person on provision of the room as the location of the legal entity is provided.

7) to the notice: the decision or the statement from the decision of authorized body of the legal entity on modification and amendments in constituent documents, and also the text of the made changes the text of the made changes and additions in constituent documents, under seal the legal entity (in case of its availability);

for the legal entity relating to the subject of private entrepreneurship, except for joint-stock company, their branches (representations) the document confirming the actual location).

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

On the portal:

1) the statement in form according to appendices 1 and 2 to these rules;

2) electronic copy of the charter (provision) in the new edition, appendices to the charter (provision);

3) the electronic copy of the document confirming the actual location (in case of change of the location).

In case of change of the location, the statement on state registration of the made changes and additions in constituent documents moves within a month from the moment of decision making of authorized body.

to be reworded as follows Item 10 appendix 3:

10

Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation

Uslugopoluchatelyam, having complete or partial loss of capability or opportunity to perform self-service in the procedure established by the legislation, independently to move, be guided, documents acceptance is made by the employee of the State corporation with departure at the place of residence by means of the address through Single contact center for rendering the state service 1414, 8 800 080 7777.

Uslugopoluchatel has possibility of receipt of the state service electronically through the web portal of "the electronic government" on condition of EDS availability.

Service of digital documents is available to the users authorized in mobile application.

For use of the digital document it is necessary to undergo authorization in mobile application with use of the electronic and digital signature or one-time password, further to pass into the Section "Digital Documents" and to choose the necessary document.

Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of "personal account" of the portal, service desks of the service provider, and also Single contact center "1414", 8-800-080-7777.

in rules of rendering the state service "State Registration of the Termination of Activities of the Legal Entity, Removal from Accounting Registration of Branch and Representation":

be reworded as follows Item 15:

"15. In the State corporation issue of ready documents is performed in case of presentation uslugopoluchately identity certificates or the electronic document from service of digital documents (for identification) (or his representative, the acting on the basis of the document issued according to the civil legislation of the Republic of Kazakhstan in which appropriate authority of the representative is specified).";

to be reworded as follows item 4 appendix 2:

4

Form of rendering the state service

Electronic (completely automated) / paper

to be reworded as follows Item 8 appendix 2

8

List of documents necessary for rendering the state service

1 in the State corporation:

1) the statement for registration of the termination of activities of the legal entity, branch (representation) in form according to appendix 1 to these rules;

Service providers receive digital documents from service of digital documents through the realized integration on condition of the consent of the owner of the document provided by means of the "electronic government" of subscriber number of cellular communication of the user registered on the web portal by transfer of the one-time password or departure siding of the short text message as the answer to the notification of the web portal of "the electronic government".

The legal entity in whose share the state participates submits the application with mark of registry holder.

2) the decision of the owner of property of the legal entity or the body authorized by the owner or body of the legal entity authorized on that by constituent documents, under seal the legal entity. If the legal entity is subject of private entrepreneurship, the fastening of documents is not required by seal;

3) the document confirming the publication in the periodic printing editions distributed in all territory of the Republic of Kazakhstan, information on liquidation of the legal entity, procedure and terms of claiming by creditors;

4) the document on destruction of seal of the legal entity (in case of its availability);

5) the document confirming payment in the budget of the registration fee for state registration of the termination of activities of the legal entity which is non-profit organization;

6) the document confirming payment in The Government for Citizens State corporation for state registration of the termination of activities of the legal entity which is the commercial organization, except for the legal entities who are subjects of small and medium entrepreneurship.

The application for state registration of liquidation of the legal entity is submitted in registering body not earlier than after two months from the date of publication of information on liquidation of the legal entity.

State registration of the termination of activities of the legal entity concerning which the court passes the decision on involuntary liquidation of the legal entity is performed based on such decision which took legal effect.

For state registration of the termination of activities of the state company privatized as property complex, the buyer represents:

1) the statement for state registration in form, according to appendix 1 to these rules;

2) decision of the Government of the Republic of Kazakhstan (local executive body) on privatization of the state company as property complex;

3) copy of the purchase and sale agreement of property complex of the state company;

4) copy of the transfer act of the state company;

5) the document confirming payment for state registration of the legal entity or accounting registration of branch (representation).

Registering body, having received the decision on liquidation of the legal entity, checks observance of the procedure for liquidation established by legal acts of the Republic of Kazakhstan, enters data on liquidation of the legal entity in the National register of business and identification numbers.

Bodies of state revenues based on data of the National register of business and identification numbers represent data on lack (availability) of debt according to which account is kept in bodies of state revenues, on the legal entity stopping activities or refuse the submission of the specified data on debt in case of non-execution by such legal entity of obligations according to the procedure determined by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan".

If in verification process violations of procedure for liquidation are not revealed, the registering body within five working days following behind day of filing of application about state registration of liquidation of the legal entity with appendix of necessary documents registers the termination of activities of the legal entity. State registration of the termination of activities of the subject of natural monopoly is performed by registering body from prior consent of the authorized body performing management in spheres of natural monopolies.

In case of identification of the violations of procedure for liquidation of the legal entity, and also in cases of availability which are not removed from accounting registration of branches (representations) of the liquidated legal entity, debt on which account is kept in bodies of state revenues or refusal of bodies of state revenues in the submission of the specified data on debt, non-executions by such legal entity of obligations according to the procedure determined by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" registering body passes the decision on refusal in state registration of the termination of activities of the legal entity.

The branch (representation) is subject to removal from accounting registration on the basis:

1) the statement in form according to appendix 1 to these rules;

2) regulations on branch (representation), except for joint-stock companies;

3) the document confirming payment in the budget of the registration fee for removal from accounting registration of branch (representation) of the legal entity which is non-profit organization;

4) the document, the branch (representation) of the legal entity which is the commercial organization confirming payment in The Government for Citizens State corporation for removal from accounting registration.

Bodies of state revenues based on data of the National register of business and identification numbers represent data on lack (availability) of debt according to which account is kept in bodies of state revenues, on the branch (representation) of the foreign legal entity stopping activities or refuse the submission of the specified data on debt in case of non-execution of the foreign legal entity of obligations by such branch (representation) according to the procedure determined by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan".

Removal from accounting registration of branch (representation) of the legal entity concerning which the court passes the decision on recognition of the debtor by the bankrupt and his liquidations with initiation of bankruptcy proceedings is performed based on the determination of court which took legal effect about bankruptcy completion of the procedure.

Removal from accounting registration of branch (representation) of the legal entity concerning which the court passes the decision on involuntary liquidation of the legal entity is performed based on such decision which took legal effect.

In case of identification of violations of procedure for the termination of activities of branch (representation) of the legal entity established by the laws of the Republic of Kazakhstan and also in cases of availability of debt on which account is kept in bodies of state revenues at branch is (representations) of the foreign legal entity or refusal of bodies of state revenues in the submission of the specified data on debt in case of non-execution of the foreign legal entity of obligations by such branch (representation) according to the procedure determined by the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) and the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan", the registering body passes the decision on refusal in removal from accounting registration of branch (representation).

2. On the portal:

for state registration of the termination of activities of the legal entity, branch and representation the application for the termination of activities of the legal entity, branch or representation by means of filling in electronic form with appendix of electronic copies of documents of stipulated in Item 9 these standards and payment of the registration fee through payment gateway of "the electronic government" is submitted.

to be reworded as follows Item 10 appendix 2:

10

Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation

Uslugopoluchatelyam, having complete or partial loss of capability or opportunity to perform self-service in the procedure established by the legislation, independently to move, be guided, documents acceptance is made for rendering the state service by the worker.

The state corporation with departure at the place of residence by means of the address through Single contact center 1414, 8 800 080 7777.

Uslugopoluchatel has possibility of receipt of the state service electronically through the web portal of "the electronic government" on condition of EDS availability.

Service of digital documents is available to the users authorized in mobile application.

For use of the digital document it is necessary to undergo authorization in mobile application with use of the electronic and digital signature or one-time password, further to pass into the Section "Digital Documents" and to choose the necessary document.

Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of "personal account" of the portal, service desks of the service provider, and also Single contact center "1414", 8-800-080-7777.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan;

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

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

Minister of Justice of the Republic of Kazakhstan

M. Beketayev

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Appendix

to the Order of the Minister of Justice of the Republic of Kazakhstan of July 29, 2021 No. 657

Appendix 13-1

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

List of members of initiative group
__________________________________________
name of political party
__________________________________________
area, Nour-Sultan's cities, Almaty and Shymkent

№. of payment order

Surname, name middle name (in case of its availability)

Month and year of birth

IIN

Document number, the citizen of the Republic of Kazakhstan proving the identity

Address residence

1

2

3

4

5

6

_____________________________________________________________________________________
  surname, name and signature of person responsible for creation of the list (each leaf of the list
  it is fastened with the signature of person responsible for creation of the list)

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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