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State registration of authorized shares issue

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For state registration of the issue of authorized shares:

  1. An e-application, completed in any form, with consent to the use of information constituting a secret protected by law, contained in information systems, certified by the e-digital signature of the service recipient's authorized representative.
  2. An e-copy of the minutes of the constituent meeting (decision of the sole founder) or general meeting of shareholders (decision of the shareholder owning all voting shares) on the issue of authorized shares in the case established by subparagraph 2) of paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On the Securities Market" (the Securities Market Law).
  3. An e-copy of the court decision invalidating the issue of authorized shares in the case established by subparagraph 2) of paragraph 1 of Article 11 of the Securities Market Law.
  4. A prospectus for the issue of authorized shares in e-form.
  5. E-copies of documents confirming payment for authorized shares placed among the founders of the joint-stock company.

For state registration of the issue of authorized shares of a joint-stock investment fund, in addition to the documents specified in Part One of Clause 8 of this List of Basic Requirements for the Public Service Provision, the joint-stock investment fund shall also submit e-copies of the draft agreements of the joint-stock investment fund with the management company, as well as an e-copy of the investment declaration approved by the general meeting of founders or the sole founder of the joint-stock investment fund.

To amend and/or supplement the share issue prospectus:

  1. An e-application, drawn up in any form, with consent to the use of information constituting a secret protected by law, contained in information systems, certified by an e-digital signature of an authorized person of the joint-stock company.
  2. The share issue prospectus, taking into account the amendments and/or additions, in electronic form;
  3. An e-copy of the decision (minutes) or an extract from the minutes of the meeting of the joint-stock company's body, on the basis of which the amendments and/or additions to the joint-stock company's share issue prospectus were made.
  4. An e-copy of the court decision on the compulsory issue of authorized shares of a joint-stock company with state participation in the authorized capital (in the absence of authorized shares of the joint-stock company or their insufficiency to cover overdue tax debt) in cases established by Article 32 of the Law of the Republic of Kazakhstan "On Joint-Stock Companies."
Результат оказания услуги

Certificate of state registration of the issue of authorized shares and an e-prospectus for the issue of authorized shares - in the case of state registration of the issue of shares, certificate of state registration of the issue of authorized shares (in the event of an increase in the number of authorized shares and/or a change in their type, and/or a change in the name, and/or a change in the location of the joint-stock company) and an e-prospectus for the issue of authorized shares, taking into account amendments and/or additions - in the event of amendments and/or additions to the prospectus for the issue of shares, or a reasoned response to the rejection to provide the public service.

Часто задаваемые вопросы
What can be the reasons for refusal to deliver a public servise?

In accordance with paragraph 1 of Article 10 of the Law on the Securities Market, the ground for refusal to provide the public service is the violation by the service recipient of the conditions and procedure for submitting documents for state registration of the issue of declared shares and the identification in the process of reviewing the documents of their non-compliance with the requirements established by legislation of the Republic of Kazakhstan.

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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State registration of authorized shares issue
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State registration of the issue of authorized shares - within 15 working days from the date of submission of documents for state registration

Making amendments and (or) additions to the prospectus for the issue of shares - within 10 working days from the date of receipt of the documents for state registration

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