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Article 42. State registration and re-registration of legal entities of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 42. State registration and re-registration of legal entities of the Civil Code of the Republic of Kazakhstan

     1. A legal entity that is a non-profit organization is subject to state registration with the judicial authorities.

     A legal entity that is a commercial organization is subject to state registration with the Government for Citizens State Corporation, with the exception of cases provided for by legislative acts of the Republic of Kazakhstan.

     The procedure for state registration is determined by the legislation of the Republic of Kazakhstan.

     2. State registration data, including the name of legal entities and, for commercial organizations, the brand name, shall be included in the National Register of Business Identification Numbers.

     3. A legal entity is considered established from the moment of its state registration.

     4. Branches and representative offices are registered in accordance with the procedure established by legislative acts.

     Branches and representative offices are subject to re-registration in case of name change.

     5. Violation of the procedure established by law for the formation of a legal entity or the inconsistency of its constituent documents with the law shall entail the refusal of state registration of the legal entity. Refusal of registration on grounds of inexpediency of forming a legal entity is not allowed.

     Refusal of state registration, as well as evasion from such registration, may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

     6. A legal entity is subject to re-registration in the following cases::

     1) reduction of the size of the authorized capital;

     2) name changes;

     3) changes in the composition of participants in business partnerships (with the exception of business partnerships in which the register of participants in a business partnership is maintained by a professional securities market participant engaged in maintaining a system of registers of securities holders).

     Amendments made to the constituent documents on the above grounds without re-registration of the legal entity are invalid.

 

 

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