Extraterritoriality in the execution of transactions

​State registration of rights to immovable property on the basis of transactions is carried out by the registering authority on the basis of the Law of the Republic of Kazakhstan "On State Registration of rights to immovable property" dated July 26, 2007 No. 310.
By virtue of the Law of the Republic of Kazakhstan dated June 29, 2020 No. 352-VI ZRK "On Amendments and additions to some Legislative Acts of the Republic of Kazakhstan on improving the business climate", paragraph 2 of Article 20 of the Law was amended, according to which electronic registration of rights (encumbrances of rights) on the basis of a notarized transaction, a certificate of the right to inheritance, the certificate of ownership is carried out in accordance with the procedure established by the current legislation.
The principle of extraterritoriality in real estate transactions has been implemented in Kazakhstan since 01.07.2021. So, if earlier transactions with real estate were certified by a notary at its location, now the parties to the transaction can apply to any notary, regardless of their location and regardless of the location of real estate objects.
This principle of extraterritoriality was introduced in accordance with the Law of the Republic of Kazakhstan dated February 15, 2021 No. 5-VII ZRK "On Amendments and additions to Certain Legislative Acts of the Republic of Kazakhstan on notary issues".
Thus, Clause 2 was excluded in Article 54, which previously provided for the certification of the contract on alienation and pledge of immovable property subject to registration, is made at the location of this property.
​ Agreements on the alienation and pledge of property subject to registration may be certified subject to the presentation of documents confirming the ownership of the alienated or mortgaged property.