When do you need to re-register a legal entity?

Quite often, organizations engaged in entrepreneurial activities need to change the director, change the founders, change the address of the company, and more. Depending on the changes made, it is required to re-register the legal entity or register the changes and additions to the constituent documents of the legal entity (without re-registration).

In accordance with the legislation of the Republic of Kazakhstan, a legal entity is subject to re-registration in the following cases:

• reducing the size of the authorized capital;
• name changes;
• changing members.

In all other cases, such as a change of location of a legal entity or the head of an organization, an increase in the authorized capital, a change of address, it is required to register the changes and additions made to the constituent documents.

The main difference between re-registration and amendments to the constituent documents is the fee for the re-registration procedure, the cost of which is established by the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget (Tax Code)”, as well as liability for untimely re-registration of a legal entity. Unlike re-registration, no fee is charged for registration of amendments and additions to constituent documents. When re-registering and making changes to the constituent documents, the entire list of documents is prepared by our team of professional lawyers with extensive experience in registration and re-registration of organizations.

Entrepreneurs should pay special attention to the fact that administrative liability is provided for untimely re-registration of a legal entity, as in accordance with Article 466 of the Code of Administrative Offenses of the Republic of Kazakhstan:

Carrying out activities without re-registration of a legal entity, its branches and representative offices in cases provided for by law – entails a warning or a fine for officials, small businesses or non-profit organizations in the amount of ten, for medium-sized businesses – in the amount of twenty, for large businesses – in the amount of forty monthly calculation indices.

Untimely notification of the registering authority about a change in the location of a legal entity – entails a warning or a fine for officials, small businesses or non-profit organizations in the amount of five, for medium-sized businesses – in the amount of ten, for large businesses – in the amount of thirty monthly calculation indices.

For more than 6 years, KORGAN Law Firm has been providing legal services to support corporate clients in the process of re-registration of a legal entity and registration of amendments and additions to their constituent documents. Thus, over the entire period of its existence, our organization has provided services for the re-registration of more than 100 commercial and non-profit organizations, as well as services for the registration of amendments to the constituent documents of more than 200 organizations.

So, if you need to change the head of your organization, change the name, or if you sell all or part of your share to other persons and you need to register all these changes, then KORGAN law firm will accompany you at all stages, from preparing all the necessary documents to filing of these documents to the authorized bodies and obtaining the final result.