How to become an entrepreneur

Read below about what is the entrepreneurship, who is the subject of an entrepreneurship and what are the conditions of an entrepreneurship functioning.

Determination of enterprise

Commercial code of the RK admonished that enterprise is the self-sustained initiative activity of:

  • citizеns;
  • repatriates;
  • legal entities.

Entrepreneurs get the clear profit under the property, production, goods selling, works execution and services delivery’s usage.

  • private property (private enterprise);
  • or under the right of operational control;
  • or of operational management of state enterprise (state entrepreneurship).

Subjects of entrepreneurship are

  • citizens,
  • repatriates and non-state commercial legal entities that implementing the entrepreneurial activity (subjects of private entrepreneurship),
  • state enterprises (subjects of state entrepreneurship).

Individual , as a subject of entrepreneurship must to register as an individual entrepreneur (IE).

 

Legal entity as an entrepreneurship subject is created in organizational-power form (OPF).

Subjects of entrepreneurship are belonging to the following categories:   

  • subjects of small business, which includes the subjects of micro entrepreneurship;
  • subjects of medium entrepreneurship;
  • subjects of large entrepreneurship.

Belonging in any forms depends on:

  • annual average of employees quantity
  • average annual income

Annual average employees’ number determines with all the workers list including.

  • filiations workers, representatives and other isolated departments of this subject
  • individual entrepreneur     

Average annual income considering the sum:

  • assemblage of annual incomes
  • or incomes from the enterprise subjects

Subjects of small entrepreneurship are the individual entrepreneurs

  • without legal entity’s education
  • and legal entities that implement an entrepreneurship with an annual average of employees number:
  • no more than 100 people
  • and annual average income not over than 300 000 MCI established by the Law of Republican budget and  functioning on the January, 1 of the corresponding financial year.    

Subjects of micro entrepreneurship are:

  • subjects of micro entrepreneurship that implement private entrepreneurship, with an annual average of employees number:
  • no more than 15 people
  • or annual average income no more than 300 000 MCI, established by the law of the Republic budget on the January, 1 of corresponding financial year.

Subjects of medium entrepreneurship are the individual entrepreneurs and legal entities that implement:

1. activities, connected with the drug facilities and precursors;

2. manufacturing and (or) wholesale realization of  excisable goods;

3. activity on the grain storage on grain reception centers;

4. lottery realization;

5. activity in the sphere of gaming business;

6. activity connected with radioactive materials rotation;

7. bank activities (or the separate bank operations) and  activity on the insurance trade (except the insurance agent’s activity);

8. auditing activities;

9. professional activity on the shares trade;

10. credit bureau activity;

11. securities activity;

12. activity connected with civil and service weapon and cartridges for it.

For the private entrepreneurship subjects, that are the payers for the gaming business tax, fixed tax and single property tax, is used the criteria upon the employees number.

Subjects of large entrepreneurship are the:

  • individual entrepreneurs;
  • and legal entities.

Criteria for the large entrepreneurship subjects are the following:

  • annual average of employees quantity more than 250 people;
  • and (or) annual average income more than 3 000 000  MCI established by the Law of republic budget functioning for the Januar, 1 of the corresponding financial year.

Private entrepreneurs have the right for: 

1. implementation of any types of entrepreneurship activities, have the freedom for the access on goods trade, works and services, if any other is not established by the laws of the Republic of Kazakhstan;

2. implementation of the entrepreneurship with the usage of wage labor in accordance with the laws of the Republic of Kazakhstan;

3. to create the filiations of the representative in the order that admonished by the laws of the Republic of Kazakhstan;

4. individually fixing prices on the manufacturing products, works, services, except the cases, established by the current Code and Laws of the Republic of Kazakhstan;

5. individually implement the control on the goods, works and services quality;

6. implementation of the external economic activity in the spheres of his /her own legal capacity;

7. constitute the entrepreneurship and taking the part in them;

8. taking the part in the works of the expert counsel through the accredited unions of the private entrepreneurship subjects, National entrepreneurs board of the Republic of Kazakhstan;

9. addressing to the law-enforcement bodies upon the questions of persons retention to the responsibility that violated the rights and (or) blocked the realization upon the legal interests of the entrepreneurship subjects;

10. addressing to a court, arbitrage, to the Executive agency on the Kazakhstani entrepreneurs rights protection and to the other agencies for their own rights protection;

11. accommodation of dispute through the  settlement arranges;

12. entering the offers of causes and conditions disposal that promote for the non-compliance or the inappropriate compliance of the regulatory acts on the issues of entrepreneurship protection;

13. taking a part in the projects realizations in the social, economic and ecologic spheres as  the measures of  entrepreneurship social responsibility;

14. implementation of other rights that are not limited by the laws of the Republic of Kazakhstan.

Private entrepreneurs obliged to:

1. observe the legislation of the Republic of Kazakhstan, rights and legal interests of individuals and legal entities;

2. provide the safety and quality of the goods, works, services in accordance with the requirements of the legislation of the Republic of Kazakhstan;

3. afford the truthful information of goods, works and services to their consumers;

4. obtain the permits or to direct the notifications for the beginning of activities or action (operation) implementation in accordance with the Law of the Republic of Kazakhstan “About permits and notifications”;

5. implementation an obligated insurance of civil-legal responsibility in cases, admonished by the laws of the Republic of Kazakhstan;

6. save the nature and carefully appertain to natural resources;

7. raise the effectiveness of natural and energetic resources usage and managing them during the activities implementation;

8. implement the responsibilities, reviewed by the current Code and other rights of the Republic of Kazakhstan.