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Article 16-1. De-registration of a branch (representative office) of a Legal entity of the Law on State Registration of Legal Entities and Registration of Branches and Representative Offices
The branch (representative office) is subject to de-registration on the basis of:
1) applications of a legal entity for termination of the activities of a branch (representative office) in the form established by the Ministry of Justice of the Republic of Kazakhstan;
2) regulations on the branch (representative office), except for joint-stock companies;
3) a document confirming payment to the budget of the registration fee for de-registration of a branch (representative office) of a legal entity that is a non-profit organization;
4) a document confirming payment to the Government for Citizens State Corporation for de-registration of a branch (representative office) of a legal entity that is a commercial organization.
State revenue authorities, based on information from the National Register of Business Identification Numbers, provide information on the absence (presence) of debt, which is recorded in state revenue authorities, for a branch (representative office) of a foreign legal entity that is ceasing operations, or refuse to provide such information on debt in the event that such a branch (representative office) of a foreign legal entity fails to fulfill its obligations. I'm fine, defined by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) and the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan".
De-registration of a branch (representative office) of a legal entity in respect of which a court has issued a decision declaring the debtor bankrupt and liquidating it with the initiation of bankruptcy proceedings is carried out on the basis of a court ruling that has entered into force on the completion of bankruptcy proceedings.
De-registration of a branch (representative office) of a legal entity in respect of which a court has issued a decision on compulsory liquidation of the legal entity is carried out on the basis of such a decision that has entered into legal force.
A branch of a foreign legal entity whose business is the provision of financial services is subject to de-registration on the basis of the documents specified in subitems 1), 2) and 4) of part one of this Article and subitem 3) of part one of Article 16 of this Law.
In cases stipulated by the laws of the Republic of Kazakhstan, de-registration of a branch of a foreign legal entity, the subject of which is the provision of financial services, is carried out on the basis of a decision of the authorized body for regulation, control and supervision of the financial market and financial organizations on the completion of the procedure for voluntary or compulsory termination of the branch.
If violations of the procedure for terminating the activities of a branch (representative office) of a legal entity established by the laws of the Republic of Kazakhstan are detected, as well as in cases of arrears recorded by the state revenue authorities of a branch (representative office) of a foreign legal entity, or the refusal of state revenue authorities to provide the specified information about the debt in case of non-fulfillment by such a branch (representative office) a foreign legal entity 's obligations in accordance with the, as defined by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) and the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan", the registration authority makes a decision to refuse to de-register a branch (representative office).
De-registration of a branch (representative office) of a legal entity is carried out within five working days following the day of filing the application of the legal entity for termination of the branch (representative office) with the necessary documents attached.
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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