Article 6. Procedure for State Registration of Legal Entities of the Law on State Registration of Legal Entities and Registration of Branches and Representative Offices

     For the state registration of a legal entity, an application is submitted to the registration authority in the form established by the Ministry of Justice of the Republic of Kazakhstan, with the attachment of the constituent documents specified in Article 7 of this Law, submitted electronically in Kazakh and Russian.

     The constituent documents of legal entities belonging to commercial organizations, with the exception of the constituent documents of joint-stock companies and state-owned enterprises, are not submitted during state registration. For the state registration of joint-stock companies, an application is submitted in the form established by the Ministry of Justice of the Republic of Kazakhstan, accompanied by a notarized charter drawn up in Kazakh and Russian.

     The state registration of a legal entity related to a small business entity is carried out in accordance with the procedure provided for in Article 6-1 of this Law.

     In cases stipulated by the legislation of the Republic of Kazakhstan, during the state registration of a legal entity whose business is the provision of financial services, the National Register of Business Identification Numbers receives information on the availability of permission from the authorized body for regulation, control and supervision of the financial market and financial organizations through an electronic notification.

     The state registration of state-owned enterprises, legal entities, more than fifty percent of shares (stakes in the authorized capital) of which belong to the state, and persons affiliated with them who will carry out their activities in the territory of the Republic of Kazakhstan, is carried out by the registering authority with the consent of the antimonopoly authority.

     Upon state registration of a legal entity belonging to a medium and large business entity, the application is signed and submitted to the Government for Citizens State Corporation by the founder or one of the founders or a person authorized by the founder in cases where the sole founder or one of the founders is a foreigner or a foreign legal entity, the Government of the Republic of Kazakhstan or state bodies or a National The Bank of the Republic of Kazakhstan, with the attachment of the constituent documents certified by a notary, in cases stipulated by the laws of the Republic of Kazakhstan.

     In case of state registration of a legal entity that is not a private business entity, the application is signed and submitted to the registration authority by the founder(s) or an authorized person with the attachment of the constituent documents, notarized in cases provided for by legislative acts of the Republic of Kazakhstan.

     The state registration of legal entities belonging to medium-sized and large enterprises with foreign participation, with the exception of persons who do not have identification numbers in accordance with the Law of the Republic of Kazakhstan "On National Registers of Identification Numbers", is carried out in accordance with the procedure established for the state registration of legal entities of the Republic of Kazakhstan belonging to medium-sized and large enterprises. Unless otherwise established by international treaties ratified by the Republic of Kazakhstan, additional documents must be submitted:

     a copy 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;

     a copy of the passport or other document certifying the identity of the foreign founder, with a notarized translation into Kazakh and Russian.

     State registration of public and religious associations is carried out in accordance with the procedure established by this article, taking into account the specifics provided for by the laws of the Republic of Kazakhstan "On Public Associations", "On Political Parties", "On Religious Activities and Religious Associations" and "On Non-profit Organizations".

     At the same time, a document confirming payment to the budget of the registration fee for the state registration of a legal entity that is a non-profit organization, or a document confirming payment to the Government for Citizens State Corporation for the state registration of a legal entity that is a commercial organization, with the exception of legal entities related to small and medium-sized businesses, is submitted to the registration authority.

     It is prohibited to require any documents and information other than those provided for by this Law and other legislative acts of the Republic of Kazakhstan.

     The state 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.

     Upon state registration of a legal entity belonging to a small and medium-sized business entity, as well as in the case provided for in the second part of Article 6-1 of this Law, an application in electronic form for opening a bank account and for compulsory insurance of an employee against accidents must be submitted through the e-government web portal (except in cases where when the founder(s) of a legal entity carries out (carry out) activities without entering into an employment relationship with individuals) in accordance with the requirements, established by the Law of the Republic of Kazakhstan "On compulsory insurance of employees against accidents in the performance of their labor (official) duties" and regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.

     Second-tier banks or organizations engaged in certain types of banking operations have the right to refuse to open a bank account in accordance with the Law of the Republic of Kazakhstan "On Payments and Payment Systems".

     During the state registration of a legal entity belonging to a private business entity, the entity independently determines the category in accordance with the criteria of a private business entity established by the Entrepreneurial Code of the Republic of Kazakhstan and indicates it in the application.

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

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