ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 29, 2016 No. 100

About introduction of amendments to the order of the acting minister of justice of the Republic of Kazakhstan of May 29, 2015 No. 301 "About approval of regulations of the state services in questions of registration of legal entities, branches and representations"

According to the subitem 2) 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 acting minister of justice of the Republic of Kazakhstan of May 29, 2015 No. 301 "About approval of regulations of the state services in questions of registration of legal entities, branches and representations" (registered in the Register of state registration of regulatory legal acts for No. 11530, published in information system of law of Ad_let on August 03, 2015) the following changes:

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

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

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

to be reworded as follows the regulations 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;

regulations 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 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 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 5 working 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 supervising deputy minister of justice of the Republic of Kazakhstan.

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

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 29, 2016 No. 100

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of May 29, 2015 No. 301

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

1. General provisions

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

The state service is rendered based on the Standard of the state service "State Registration of Legal Entities, Accounting Registration of Their Branches and Representations" approved by the order of the Minister of Justice of the Republic of Kazakhstan of April 24, 2015 No. 233 (it is registered in the Register of state registration of regulatory legal acts No. 11384) (further - the Standard), the Ministry of Justice of the Republic of Kazakhstan (further – the Ministry) and territorial authorities of justice (further - the service provider).

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

1) office of the Ministry;

2) Non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation);

3) web portal of "the electronic government": www.e.gov.kz (further - the portal).

In case of electronic registration state registration of legal entities is performed based on the notification arriving in the state database "Legal entities" through the portal automatically.

Through the portal on condition of availability the applicant of the digital signature (further - the EDS) has state registration of the legal entity for small business entities.

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

3. 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 the Standard or motivated refusal in rendering the state service on paper in cases and on the bases, stipulated in Item the 10th standard;

on the portal - "to personal account" the notification on state registration of legal entities for small business entities or the motivated answer of the service provider about refusal in rendering the state service in electronic form certified by the EDS of the service provider goes.

2. The description of operations procedure of structural divisions (workers) of the service provider in the course of rendering the state service

4. The basis for the procedure (action) for the state service is the statement of uslugopoluchatel in electronic form or in paper form.

5. In case of receipt to the service provider of documents for registration of the legal entity, accounting registration of branch (representation) the employee of the accumulative room of the service provider performs documents acceptance according to the register and sends to department of registration of legal entities. Duration of acceptance and document transfer no more than 30 minutes.

The chief of the department (department) of registration of legal entities within 15 minutes determines the executive in charge and transfers to it to execution.

Executive in charge:

1) checks completeness of packet of the submitted documents and correctness of their creation (registration), for compliance to the current legislation of the Republic of Kazakhstan;

2) is drawn up by the order on state registration of the legal entity, on accounting registration of branch (representation) or the motivated order on refusal;

3) enters data in the National register of business and identification numbers;

4) draws up the certificate of state registration of the legal entity, of accounting registration of branch (representation) with the assigned business and identification number.

Duration of consideration and document creation by the executive in charge constitutes:

in case of state registration of the legal entities belonging to subjects of private entrepreneurship, accounting registration of their branches (representations), except for joint-stock companies, their branches (representations) performing activities based on the charter which is not standard it is made within five hours, following behind day of filing of application with appendix of necessary documents;

in case of state registration of the legal entities who are not belonging to subjects of private entrepreneurship, and also the joint-stock companies performing activities based on the charter which is not standard (except for political parties, accounting registration of their branches and representations) it is made within eight working days following behind day of filing of application with appendix of necessary documents;

in case of state registration of political parties and accounting registration of their branches (representations) it is made within 25 working days from the date of filing of application with appendix of necessary documents.

After consideration by the executive in charge the certificate of state registration of the legal entity, of accounting registration of branch (representation) with the assigned business and identification number, or motivated refusal go for signing to management of authorized body. Duration of consideration constitutes two hours.

The documents signed by management are transferred by the executive in charge to accumulative department of the service provider.

The employee of accumulative department of the service provider transfers documents to the State corporation through the courier.

On the portal:

1) from "personal account" of uslugopoluchatel reception of applications and document package on registration, their primary check;

2) implementation of legal examination of the submitted documents;

3) consideration of documents management and their preparation for sending the notification – the report on acceptance of request with indication of the date of receipt of result of the state service for "personal account" of uslugopoluchatel.

3. The description of order of interaction of structural divisions (workers) in the course of rendering the state service

6. The list of the structural divisions of the service provider participating in process of rendering the state service:

1) the inspector of the State corporation, or the office - accepts and issues documents;

2) the chief of the department (department) accepts documents according to the register;

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

4) the service provider – carries out expertize of the documents provided on the state (accounting) registration of the legal entity, branch (representation).

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

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

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

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

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

For receipt of the state service the service provider provides the documents specified in Item 9 of the Standard.

In case of documents acceptance in the State corporation the receipt on acceptance of the relevant documents is issued to the receiver of the state service.

In case of provision by uslugopoluchatel of the incomplete document package according to the list provided in Item 9 of the Standard, 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 the Standard.

9. In the State corporation issue of ready documents to uslugopoluchatel is performed by the employee of the State corporation based on the receipt in case of presentation of the identity certificate.

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

The most allowed time of servicing of uslugopoluchatel – no more than 15 minutes.

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