Algorithm of withdrawal of participants (shareholders) from the economic partnerships
In accordance with Article 101 of the Land Code of the Republic of Kazakhstan, citizens who are members of business partnerships or members of a production cooperative must submit an application to an agricultural organization upon leaving the membership.
Further, according to Article 43 of the Law of the Republic of Kazakhstan "On Limited and Additional Liability Partnerships" (hereinafter – the Law), withdrawal from the membership of participants is considered at the general meeting
The next general meeting of the participants of the partnership is convened by the executive body within the time limits established by the charter and is held at least once a year. An extraordinary general meeting of LLP participants is convened by the executive body of the partnership on its own initiative.
Each participant of the partnership must be notified in writing no later than 30 days before the opening day of the meeting about its holding. The notice must specify: the time, place, date of the meeting, the proposed agenda.
The rules of procedure of the general meeting of the participants of the partnership are determined in accordance with the Law, the charter of the partnership, the rules and other documents regulating the internal activities of the partnership, or directly by the general meeting.
According to Article 47 of the Law, the general meeting of the participants of the partnership is recognized as competent, and the quorum conditions are met if the participants present or represented at it collectively have more than half of the total number of votes. In cases where a decision on an issue included in the agenda must be taken by a qualified majority of votes or unanimously, the meeting is entitled to make decisions if the participants of the partnership present or represented at it have in aggregate more than 2/3 of the total number of votes.
The general meeting of participants is opened by the first head of the executive body, who elects the chairman and secretary of the general meeting. The Secretary of the General Meeting is responsible for keeping the minutes of the general meeting. The minutes are signed by the chairman and the secretary of the general meeting. The minutes of all general meetings are filed in the minutes book, which is kept by the executive body and must be made available to any participant of the partnership at any time for review. At the request of the LLP participants, they are issued certified extracts from the protocol book.
In accordance with Article 48 of the Law, decisions of the general meeting of participants are taken by open vote, unless the charter of the partnership provides for secret voting. Decisions of the general meeting must be taken by secret ballot when required by the participants of the partnership, who have at least 1/5 of the total number of votes.
After leaving the economic partnership and allocating a share or a share, including a land plot, on the basis of the minutes of the general meeting, citizens have the right to join another economic partnership or organize a peasant or farm