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Issue of permission to attract money from equity holders

Как получить услугу

Online

Legal entities

You can obtain a service via the Portal:

Click “Order Online” button, then a new window will open of e-Licensing Portal
Sign in or log in on e-Licensing Portal
Click “Order Service Online” button on e-Licensing Portal page
Fill in the fields of request
Sign a request with digital signature
You can track status of request in “My applications” section of Personal Account, status on obtainment of license in “My licensing documents” section and status on obtainment of notification in “My notifications” section.

Government for citizens

Legal entities

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

When organizing equity participation in housing construction by the way of participation in a second-tier bank project:

Application.
Act of commissioning of the facility, confirming the experience of the realized facilities of construction of residential buildings, including as a customer, contractor (general contractor) in aggregate, not less than three years, a total area of not less than eighteen thousand square meters when building in cities of national importance, the capital and at least nine thousand square meters in construction in other administrative-territorial units.
Certificate for a land plot owned by the right of temporary paid land use (rent), granted by the state, or on the right of ownership.
Design and estimate documentation of the project for the construction of a residential building with the positive conclusion of a comprehensive non-departmental examination.

Organization of equity participation in housing construction by attracting the money of equity holders after the construction of the frame of a residential building (residential building):

Application.
Act of commissioning of the facility, confirming the experience of the realized facilities of construction of residential buildings, including as a customer, contractor (general contractor) in aggregate, not less than five years, construction and commissioning on the territory of the Republic of Kazakhstan of residential buildings with a total area of not less than sixty thousand square meters when building in cities of national importance, the capital and at least thirty thousand square meters in construction in other administrative-territorial units. This takes into account the total experience of the builder's subsidiaries.
Certificate for a land plot owned by the right of temporary paid land use (rent), granted by the state, or on the right of ownership.
Design and estimate documentation of the project for the construction of a residential building with the positive conclusion of a comprehensive non-departmental examination.
Report of the engineering company on the existence of the completed construction of the frame of a residential building.
Contract with an engineering company.

Together with the specified documents, their copies are submitted. After verification, the originals of the documents are returned to the service recipient.

Результат оказания услуги

Issuance of permission to raise money of equity holders or a motivated response to refuse to provide the public service.

Часто задаваемые вопросы

Grounds for refusal to provide the public service established by the laws of the Republic of Kazakhstan

Establishing the inauthenticity of the documents submitted by the service recipient to obtain the public service, and (or) data (information) contained therein.
The non-compliance of the developer and (or) the authorized company with one of the requirements established by clauses 1 and 3 of article 9 and clauses 1 and 3 of article 10 of the Law".
In relation to the service recipient, there is a decision (sentence) entered into legal force in court on the prohibition of activities or certain types of activities that require the receipt of a certain public service.

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.

Receipt, registration, withdrawal and revoke of an appeal

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

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.
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.
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.

Timeframe of administrative procedure that is under institution on the basis of an appeal

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).

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.

Complaints procedure

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.

Deadline for filing a complaint

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).
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.
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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Issue of permission to attract money from equity holders

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Legal entities

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Free

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