of June 4, 2015 No. 315
About modification and amendments in the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 31 "About approval of Rules of making of notarial actions by notaries"
According to the subitem 2) of article 32 of the Law of the Republic of Kazakhstan "About notariate", I ORDER:
1. In the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 31 "About approval of Rules of making of notarial actions by notaries" (No. registered in the Register of state registration of regulatory legal acts 7447, published in the Kazakhstanskaya Pravda newspaper of May 26, 2012, No. 154-156 (26973-26975) to make the following changes and additions:
in Rules of making of the notarial actions by notaries approved by the specified order:
7, of 8, 9 to state Items in the following edition:
"7. According to article 43 of the Law of the Republic of Kazakhstan "About notariate" the notary finds out capacity to act of physical persons and legal capacity of the legal entities participating in transactions.
Capacity to act of physical person is determined by provision of identity documents, and also visually, during the conversation and through ENIS in the state database "Physical persons". Legal capacity of the legal entity including foreign, branch (representation) registered in the territory of the Republic of Kazakhstan it is determined through ENIS from the state database "Legal entities". Powers of the first head of the legal entity are checked through ENIS in the state database "Legal entities" and by order of (decision) on appointment it for position.
Powers of the representative of the legal entity, and also the head of branch (representation) are determined by proxy signed by his head or the other person authorized on it by its constituent documents, this organization under seal.
Powers of the representative of physical person are checked by proxy, the Republic of Kazakhstan issued according to Article 167 of the Civil Code (further - RK Group).
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