ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2016 No. 46

About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 24, 2015 No. 233 "About approval of standards of the state services in questions of registration of legal entities, branches and representations"

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

1. Bring in the order of the Minister of Justice of the Republic of Kazakhstan of April 24, 2015 No. 233 "About approval of standards of the state services in questions of registration of legal entities, branches and representations" (registered in the Register of state registration of regulatory legal acts for No. 11384, published in information system of law of Ad_let on July 09, 2015) the following changes:

to be reworded as follows the standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" approved by the specified order, according to appendix 1 to this order;

to be reworded as follows the standard of the state service "State Re-registration of Legal Entities, Accounting Re-registration of Their Branches and Representations" approved by the specified order, according to appendix 2 to this order;

to be reworded as follows the standard of the state service "Issue of the Certificate of Registration (Re-registration) of Legal Entities, Accounting Registration (Re-registration) of Their Branches and Representations" approved by the specified order, according to appendix 3 to this order;

to be reworded as follows the standard of the state service "Issue of the Duplicate of the Charter (Provision) of the Legal Entity Who Is Not Belonging to the Subject of Private Entrepreneurship, and also Joint-stock Company, Their Branches and Representations" approved by the specified order, according to appendix 4 to this order;

to be reworded as follows the standard of the state service "State Registration of the Made Changes and Additions in Constituent Documents of the Legal Entity Who Is Not Belonging to the Subject of Private Entrepreneurship, and also Joint-stock Company, Regulations on Their Branches (Representations)" approved by the specified order, according to appendix 5 to this order;

to be reworded as follows the standard of the state service "State Registration of the Termination of Activities of the Legal Entity, Removal from Accounting Registration of Branch and Representation" approved by the specified order, according to appendix 6 to this order;

the standard of the state service "Issue of the reference from the state database "Legal entities", approved by the specified order to be reworded as follows, according to appendix 7 to this order.

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

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

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

4. This order becomes effective since March first, 2016 is subject to official publication.

It is approved Minister of investments and development of the Republic of Kazakhstan February 5, 2016

_________________ A. Isekeshev

It is approved Minister of national economy of the Republic of Kazakhstan February 2, 2016

_________________ E.Dosayev

 

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of January 28, 2016 No. 46

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of April 24, 2015 No. 233

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

1. General provisions

1. The state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" (further - the state service).

2. The standard of the state service is developed by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

3. The state service appears the Ministry of Justice and territorial authorities of justice (further - the service provider).

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

1) office of the Ministry;

2) Non-commercial joint-stock company Government for Citizens State corporation;

3) the web portal of "the electronic government" www.egov.kz (further - the Portal).

2. Procedure for rendering the state service

4. Terms of rendering the state service from the moment of delivery of documents:

1) in the State corporation:

state registration of the legal entities belonging to subjects of private entrepreneurship, accounting registration of their branches (representations), except for joint-stock companies, their branches (representations) performing activities based on the charter which is not standard is made no later than one working day following behind day of filing of application with appendix of necessary documents;

state registration of the legal entities who are not belonging to subjects of private entrepreneurship, and also the joint-stock companies performing activities based on the charter which is not standard, except for political parties, accounting registration of their branches is made no later than ten working days following behind day of filing of application with appendix of necessary documents;

(accounting registration of branches (representations) of political parties is made no later than one month from the date of filing of application with appendix of necessary documents.

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

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

2) in the Ministry:

state registration of the legal entities who are not belonging to subjects of private entrepreneurship, and also the joint-stock companies performing activities based on the charter which is not standard, except for political parties, accounting registration of their branches is made no later than ten working days following behind day of filing of application with appendix of necessary documents;

state registration of political parties is made no later than one month from the date of filing of application with appendix of necessary documents.

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

the most allowed time of servicing of uslugopoluchatel - no more than 20 minutes;

3) on the portal - state registration of the legal entities belonging to subjects of medium and small business appears within one hour of the working day from the moment of filing of application.

In cases of representation of incomplete document package, availability of shortcomings of them, need of obtaining according to constituent documents of the expert opinion (specialist), and also on other bases provided by legal acts of the Republic of Kazakhstan, the term of the state (accounting) registration of the legal entity, branch or representation is interrupted before elimination of the revealed shortcomings or receipt of the corresponding conclusion (examination) by service providers.

The state (accounting) registration of banks, public and religious associations with the republican and regional statuses, including political parties, branches and representations of foreign and international non-commercial non-governmental associations, is made by the Ministry of Justice of the Republic of Kazakhstan (further - the Ministry).

State registration of public and religious associations with the local status, funds and associations of legal entities, accounting registration, re-registration, removal from accounting of branches and representations of public and religious associations in the respective area and the cities of Astana and Almaty is performed by Departments of justice of areas, cities of Astana and Almaty.

The state (accounting) registration of the created, reorganized and liquidated legal entities, accounting registration (re-registration and removals from accounting registration) of branches and representations in the respective area, except those which are subject to registration in the Ministry the Ministries of Justice of the Republic of Kazakhstan exercise district (city) Justice departments.

5. Form of rendering the state service: electronic and (or) paper.

6. Result of rendering the state service:

the certificate of state registration of the legal entity in form, according to appendix 1 and about accounting registration of branch (representation) in form according to appendix 2 to this standard (further - the reference) or motivated refusal in rendering the state service on paper in cases and on the bases, stipulated in Item 10 these standards.

In case of the address on the portal, the result of the rendering the state service in electronic form certified by the digital signature goes to "personal account" of uslugopoluchatel (further - the EDS).

Form of provision of result of rendering the state service: electronic and (or) paper.

In case of provision by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 9 these standards, the employee of the State corporation refuses reception of an application and issues the receipt on refusal in documents acceptance in form according to appendix 3 to this standard.

7. The state service is rendered to for a fee legal entities, their branches (representations) (further-uslugopoluchatel), except for the legal entities belonging to subjects of small and medium entrepreneurship.

For rendering the state service the registration fee is established. The amount of the registration fee is estimated at the rates in the established Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget (Tax code)" according to appendix 4 to this standard and paid before submission of the relevant documents in place of registration of subject to taxation.

In case of giving of electronic request for receipt of the state service through the portal, payment is performed through payment gateway of "the electronic government".

8. Working schedule:

1) service providers:

in the Ministry and territorial authorities of justice - Monday through Friday inclusive from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the labor law of the Republic of Kazakhstan.

Reception of an application and issue of result rendering the state service is performed from 9:00 till 17:30 o'clock, with lunch break with 13.00.do 14.30.chasov.

2) the State corporation - Monday through Saturday inclusive, from 9:00 till 20:00 o'clock without interruption, except Sunday and holidays, according to the labor law of the Republic of Kazakhstan.

Acceptance is performed according to the procedure of "electronic" queue, at the choice of uslugopoluchatel without the accelerated servicing, possibly booking of electronic queue by means of the portal.

3) the portal - round the clock, except for the technical breaks connected with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan reception of an application and issue of result of rendering the state service is performed the next working afternoon).

9. The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) in the State corporation and the Ministry:

for legal entities:

1) the statement in form, according to appendices 5, 6, 7, and 8 to this standard;

2) charter or provision of the legal entity;

charters (provisions) of the legal entities relating to subjects of medium and big business, their branches and representations, except for charters (provisions) of joint-stock companies of their branches and representations are not provided;

3) the protocol of the constituent assembly (for public and religious associations - conference, congress) which accepted the charter;

4) the receipt or the document confirming payment in the budget of the amount of the registration fee, except for the legal entities belonging to subjects of small and medium entrepreneurship;

5) public associations represent the information about initiators of formation of consolidation and the documents confirming the location of public association;

6) religious associations provide the document confirming the location of religious consolidation, the list of citizens initiators of the created religious consolidation on electronic and paper carriers, the printed religious materials opening history of origin and fundamentals of dogma and containing data on the religious activities corresponding to it;

7) political parties provide the program of political party in duplicate, signed by the head of political party; lists of members of political party on electronic and paper carriers;

8) legal entities, belonging to small business entities with foreign participation if other is not established by the international treaties ratified by the Republic of Kazakhstan in addition are represented:

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;

9) for legal entities which object of activity is rendering financial services are in addition provided permission of National Bank of the Republic of Kazakhstan;

10) for the legal entities belonging to subjects of the market, holding the dominating or 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, affiliirovanny with them, who will perform the activities in the territory of the Republic of Kazakhstan, except as specified, when such creation is directly provided by the laws of the Republic of Kazakhstan, Presidential decrees of the Republic of Kazakhstan or the orders of the Government of the Republic of Kazakhstan is performed by registering body with the consent of antimonopoly authority.

11) consumer cooperatives the list of members of consumer cooperative with indication of surname is submitted, to name, middle names, the residence and data of the identity document of the citizen, and also the name, the location and bank details of the organization if member of consumer cooperative is the legal entity.

In case of state registration of the legal entity belonging to the subject of medium and big business, the application is signed and moves in registering body the founder or one of founders or person authorized by the founder in cases when the single founder or one of founders are the foreigner or the foreign legal entity, the Government of the Republic of Kazakhstan either state bodies or National Bank, with appendix of the constituent documents certified in notarial procedure in the cases provided by legal acts of the Republic of Kazakhstan.

In case of state registration of the legal entity who is not belonging to the subject of private entrepreneurship, the application is signed and moves in registering body the founder (founders) or person authorized on that with appendix of the constituent documents certified in notarial procedure in the cases provided by legal acts of the Republic of Kazakhstan.

For branches (representations):

1) the statement on accounting registration of branch (representation) 5, of 6, 7 and 8 to this standard is signed by person, the authorized legal entity creating branch (representation) and sealed the legal entity (in case of its availability);

2) the receipt or other document confirming payment in the budget of the registration fee for accounting registration of branch (representation);

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 triplicate 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).

For accounting registration of branches (representations) of foreign legal entities are represented:

the legalized statement from the trade register, constituent documents or other legalized document of the foreign legal entity, confirmatory that the foreign legal entity creating branch (representation) is legal entity by the legislation of foreign state, and also the document confirming tax registration in the country of incorporation of the foreign legal entity with indication of number of tax registration (or its analog).

Documents of the foreign legal entity creating branch (representation) are represented with notarially attested transfer into the Kazakh and Russian languages.

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

The constituent documents constituted in the state and Russian languages are provided in the strung together and numbered type, in triplicate.

When rendering the state service the uslugopoluchatel (the founder, the participant) represents the written consent to use of the data which are the secret protected by the law, containing in information systems if others are not provided by the laws of the Republic of Kazakhstan.

In the State corporation issue of ready documents to uslugopoluchatel, is performed by the employee of the State corporation based on the receipt on acceptance in case of presentation of the identity document (or powers of attorney).

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