Article 14. State re-registration of a legal entity, registration of a branch (representative office) of the Law on State Registration of Legal Entities and Registration of Branches and Representative Offices

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Article 14. State re-registration of a legal entity, registration of a branch (representative office) of the Law on State Registration of Legal Entities and Registration of Branches and Representative Offices

In cases stipulated by the laws of the Republic of Kazakhstan, a legal entity or a branch (representative office) is subject to state (accounting) re-registration.

The state re-registration of a legal entity, with the exception of political parties and religious associations, is carried out on the basis of an electronic application submitted through the e-government web portal, as well as other informatization facilities, in accordance with the procedure determined by the Ministry of Justice of the Republic of Kazakhstan.

For the state re-registration of a legal entity, accounting re-registration of a branch (representative office), the following documents are submitted:

1) an application for state re-registration of a legal entity, accounting re-registration of a branch (representative office) in the form established by the Ministry of Justice of the Republic of Kazakhstan;

2) a decision or an extract from the decision of the authorized body of the 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 private business entity, it is not necessary to seal the documents.;

3) the constituent document in an electronic version with amendments and additions, or the text of the amendments and additions to the constituent documents of a legal entity that is not related to a private business entity, branch (representative office).

Political parties and religious associations shall submit two copies of the constituent documents with amendments and additions, or the text of the amendments and additions to the constituent documents of political parties and religious associations.;

3-1) a notarized charter (regulation) with amendments and additions, or the text of the amendments and additions to the charter of the joint-stock company, the regulations on the branch (representative office);

4) excluded by the Law of the Republic of Kazakhstan dated 07/14/2022 No. 141-VII (effective ten calendar days after the date of its first official publication);

5) 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);

6) a document confirming the payment to the Government for Citizens 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).

For state re-registration of business partnerships based on changes in the membership, with the exception of business partnerships in which the register of business partnership participants is maintained by a professional securities market participant engaged in maintaining a system of registers of securities holders., a contract of alienation (assignment) of the right of a retiring participant in a business partnership to a share in the property (authorized capital) of the partnership or a part thereof is submitted in accordance with the laws of the Republic of Kazakhstan and the constituent documents.

If the participants include a foreigner or a foreign legal entity, the documents provided for in the eighth part of Article 6 of this Law shall be additionally submitted.

An agreement on the alienation (assignment) of the right of a retiring participant in a business partnership to a share in the property (authorized capital) of the partnership or a part thereof, to which an individual is a party, is subject to notarization.

For the state re-registration of microfinance organizations, the bank must additionally receive a permit from the authorized body for regulation and development of the financial market for the voluntary reorganization of a microfinance organization in the form of conversion into a bank and an approved report on the implementation of measures provided for in the action plan for the conversion of a microfinance organization into a bank.

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

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