Article 11. Denial of state (accounting) registrationregistration and re-registration of legal entities, branches (representative offices) The Law on State Registration of Legal Entities and Registration of Branches and Representative Offices

     Refusal of state registration (re-registration) of legal entities is carried out in the following cases::

     1) violations of the procedure for the establishment, re-registration and reorganization of a legal entity established by legislative acts of the Republic of Kazakhstan, inconsistency of constituent documents with the law of the Republic of Kazakhstan;

     2) failure to submit a transfer act or a separation balance sheet, or the absence of provisions in them on the succession of the reorganized legal entity;

     3) if the legal entity or the sole founder (participant) of the legal entity is an inactive legal entity;

     4) if an individual who is the founder (participant, member) and (or) head of a legal entity is the sole founder (participant, member) and (or) head of inactive legal entities;

     4-1) if an individual who is the founder (participant) and (or) head of a legal entity is included in the list of organizations and persons related to the financing of proliferation of weapons of mass destruction, and (or) in the list of organizations and persons related to the financing of terrorism and extremism, in accordance with the legislation of the Republic of Kazakhstan, with the exception of shares (shares of participation in the authorized capital), confiscated and (or) recovered by court decision;

     4-2) if an individual who is the founder (participant, member) and (or) head of a legal entity is recognized as legally incompetent or with limited legal capacity;

     4-3) if an individual who is the founder (participant, member) and (or) head of a legal entity is recognized as missing, declared deceased, registered as deceased, or his status is not determined.;

     4-4) if an individual who is the founder (participant, member) and (or) head of a legal entity has an outstanding or outstanding criminal record for crimes under articles 190, 216, 218, 218-1, 235-1, 237, 238, 249, 365 The Criminal Code of the Republic of Kazakhstan;

     4-5) if, at the time of state registration, the founder (an individual and (or) a legal entity), its founders, the head of the legal entity, the founder and (or) the head of the legal entity that is the founder (participant, member) of the legal entity are debtors under the enforcement document, with the exception of the person who is the debtor in the enforcement proceedings on collection of periodic payments and not having outstanding enforcement proceedings on periodic penalties for more than three months;

     4-6) if, during the state re-registration, the new founders (participants, members) and (or) persons alienating the share are debtors under the enforcement document, with the exception of a person who is a debtor in enforcement proceedings for the collection of periodic payments and has not been in arrears in enforcement proceedings for periodic penalties for more than three months.;

     5) presentation of lost and (or) invalid identity documents;

     6) availability of judicial acts and resolutions (prohibitions, arrests) of bailiffs and law enforcement agencies;

     7) unless otherwise established by the laws of the Republic of Kazakhstan or a judicial act, registration actions are interrupted until the circumstances that were the basis for the interruption are eliminated, but not for more than one month. If the circumstances that were the basis for the suspension of the term are not eliminated within one month, registration actions are refused, with the exception of obtaining an expert opinion (specialist).

     The applicant (the authorized representative of the applicant) has the right to apply to the registration authority for termination of consideration of the application.  

     The review of the withdrawn application is terminated.

     Additional grounds for refusal of state registration and re-registration of a religious association are established in the Law of the Republic of Kazakhstan "On Religious Activities and Religious Associations".

     Refusal of registration and re-registration of a branch (representative office) is carried out in cases of violation of the procedure for registration of a branch (representative office) established by the legislative acts of the Republic of Kazakhstan, and inconsistency of the documents submitted for registration with the laws of the Republic of Kazakhstan.

     In case of refusal of state registration or re-registration of a legal entity, registration or re-registration of a branch (representative office), the registering authority, within the time limits provided for in Article 9 of this Law, shall issue a reasoned refusal in writing, containing a reference to the inconsistency of the submitted documents with the requirements of the legislative act of the Republic of Kazakhstan.

     The refund of the registration fee paid for the state (accounting) registration or re-registration of legal entities and their branches (representative offices) is made in cases stipulated by the Tax Code.

     The grounds for refusal of state registration (except in cases of reorganization) provided for in this article do not apply to legal entities related to small business entities.

8) failure to submit:

     copies of the passport or other identity document of the foreign founder with a notarized translation into Kazakh and Russian, as well as a document confirming the right to register a commercial organization in the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan "On Population Migration";

     copies of a legalized extract from the commercial register or other legalized document certifying that the founder is a foreign legal entity and is a legal entity under the legislation of a foreign state, with a notarized translation into Kazakh and Russian.

The Law of the Republic of Kazakhstan dated April 17, 1995 No. 2198.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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