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Official re-registration of legal entities, accounting re-registration of their branches and representative offices

Как получить услугу
Online
Legal entities

You can obtain a service via the Portal:

  1. Log in the portal and pass the “Order online service”

  2. Sign the application with legal entity’s EDS

  3. In personal cabinet (in the field “Service delivery history”) to adjust an application (For Production co-operative, business partnership, where the business partnership register’s accounting is implemented by the professional participant of share market, that implements the activity upon the accounting of the shareholders register’s system, and the joint stock company that implements the activity based on Standard charter an application should be adjusted by legal entity’s manager. For other business partnerships an application would be adjusted by all the participants. For the branches and representatives an application must be adjusted by the manager of the head office)

  4. In personal cabinet (in the field “Service delivery history”) familiarize with the results of the service delivery.

Government for citizens
Legal entities

Documents required for submission to "Government for Citizens" Public Corporation":

  1. Application in the form 1, 2, 3 and 4. 
  2. Service providers receive digital documents from the digital documents service through the implemented integration, subject to the consent of the owner of the document provided through the user's mobile subscriber number registered on the e-government web portal by transmitting a one-time password or by sending a short text message as a response to the notification of the e-government web portal.
  3. A legal entity, in which the state participates, submits an application with a mark of the registrar.
  4. A decision or an extract from the decision of the authorized body of a legal entity on state (accounting) re-registration, providing for amendments and additions to the constituent documents of the legal entity, the regulations on the branch (representative office), sealed with the seal of the legal entity, with the exception of submitting an electronic application. If the legal entity is a subject of private entrepreneurship, then the documents are not required to be sealed.
  5. Two copies of the constituent documents with the amendments and additions made or the text of the amendments and additions made to the constituent documents of a legal entity that is not related to a private business entity, a branch (representative office).
  6. A notarized charter (regulation) with the amendments and additions made or the text of the amendments and additions made to the charter of the joint-stock company, the regulations on the branch (representative office).
  7. Originals of the previous constituent documents of a legal entity that is not related to a private business entity, with the exception of joint-stock companies, regulations on branches (representative offices).
  8. A document confirming the payment to the budget of the registration fee for the state re-registration of a legal entity that is a non-profit organization, or the registration re-registration of its branch (representative office).
  9. A document confirming the payment to the State Corporation for the state re-registration of a legal entity that is a commercial organization, or the accounting re-registration of its branch (representative office).
  10. Branches and representative offices are subject to re-registration in the event of a name change.
Результат оказания услуги

Certificate of state re-registration of a legal entity, as well as a certificate of accounting re-registration of a branch (representative office) of a legal entity, or a reasoned refusal in writing to provide a state service.

On the portal – "personal account", a notification about the state re-registration of legal entities for small and medium-sized businesses or a reasoned response from the service provider about the refusal to provide public services in the form of an electronic document certified by the service provider's EDS is sent.

Часто задаваемые вопросы
Grounds for refusal to provide the public service established by the laws of the Republic of Kazakhstan
  1. Violation of the procedure for the creation, re-registration and reorganization of a legal entity established by legislative acts of the republic of kazakhstan, non-compliance of constituent documents with the law of the republic of kazakhstan.
  2. Non-submission of the deed of transfer or separation balance sheet or the absence of provisions on the succession of the reorganized legal entity therein.
  3. If a legal entity or sole founder (participant) of the legal entity is an inactive legal entity.
  4. If a natural person who is a founder (participant, member) and (or) head of the legal entity is the sole founder (participant, member) and (or) head of inactive legal entities.
  5. If a natural person who is a founder (participant, member) and (or) head of the legal entity is included in the list of organizations and persons associated with financing of terrorism and extremism, in accordance with legislation of the republic of kazakhstan.
  6. If a natural person who is a founder (participant, member) and (or) head of a legal entity is recognized as incapacitated or partially incapacitated.
  7. If a natural person who is a founder (participant, member) and (or) head of a legal entity is recognized as missing, declared dead, registered as deceased, or his status is not defined.
  8. If a natural person who is a founder (participant, member) and (or) head of the legal entity has an outstanding or unexpunged conviction for crimes under articles 237 , 238 of the criminal code of the republic of kazakhstan.
  9. If during state registration the founder (a natural person and (or) legal entity), its founders, a head of the legal entity, a founder and (or) head of the legal entity, which is the founder (participant, member) of the legal entity, are debtors under enforcement proceedings, with the exception of a person who is a debtor in enforcement proceedings on the collection of periodic payments and does not have a debt in enforcement proceedings on periodic collections for more than three months.
  10. If during state re-registration, new founders (participants, members) and (or) persons alienating the share are the debtors under enforcement proceedings, with the exception of the person who is the debtor in the enforcement proceedings for the collection of periodic payments and does not have debts in the enforcement proceedings for periodic collections for more than three months.
  11. Submission of lost and (or) invalid identity documents.
  12. Availability of judicial acts and resolutions (bans, arrests) of bailiffs and law enforcement agencies.
  13. Lack of consent of the service recipient , provided in accordance with article 8 of the law of the republic of kazakhstan "on personal data and their protection", to access personal data of limited access, which are required for the provision of public services.
  14. Unless otherwise established by the laws of the republic of kazakhstan or a judicial act, registration actions are interrupted until the elimination of the circumstances that served as the basis for the interruption of the period, but not more than for one month.
  15. If the circumstances that served as the basis for the interruption of the period are not eliminated within one month, the registration actions are resumed, with the exception of obtaining an expert (specialist) opinion.
Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Полное название
Official re-registration of legal entities, accounting re-registration of their branches and representative offices
Получатели услуги
Legal entities
Legal entities
Стоимость услуги

Paid​

Срок оказания услуги

State re-registration of legal entities related to private business entities, accounting re-registration of their branches (representative offices), with the exception of joint - stock companies, their branches (representative offices) - within 1 business day from the date of filing the application.

State re-registration of non-private business entities, as well as joint-stock companies operating on the basis of a Charter that is not standard, except for political parties, registration (re - registration) of their branches (representative offices), as well as branches (representative offices) of foreign non-profit organizations-no later than 5 working days following the day of filing the application with the necessary documents.

For legal entities not related to private businesses and joint stock companies, performing activity on the basis of the Charter, non-standard, with the exception of political parties, their branches (representative offices), the issuance of the certificate of state reregistration of a legal entity, the certificate of accounting re-registration of branch (representative office), as well as the return of the Charter (regulations), no later than 5 working days from the date of filing the application with the required documents.

State re-registration of political parties and registration (re-registration) of their branches (representative offices) - no later than 1 month from the date of submission of the application with the necessary documents attached.

State re-registration of public and religious associations with Republican and regional status, including registration re-registration of branches and representative offices of foreign and international non-profit non-governmental organizations - no later than 5 working days at the location of the service provider, no later than 10 working days outside the location of the service provider, following the day of filing the application with the necessary documents.

On the portal - state re-registration of legal entities related to private business entities and their branches (representative offices), with the exception of joint-stock companies, their branches (representative offices) operating on the basis of a Charter that is not a standard one, branches and representative offices of foreign non-commercial legal entities, is provided within one working day (when the service recipient applies after the end of working hours, on weekends and holidays, according to the Labor code of the Republic of Kazakhstan, the application is accepted and the result of public service is issued on the following working day).

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Ministry of Justice of the Republic of Kazakhstan
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