On changes in the registration of C5 visas for foreigners intending to conduct business activities in the Republic of Kazakhstan

The innovations affect several aspects of migration legislation, including the process of obtaining a C5 visa for business immigrants, and also introduce new visa categories, such as A6, B9, B9-1 Digital Nomad Visa and B12-1 Neo Nomad Visa.

From November 17, 2024, amendments to the “Rules for issuing invitations, coordinating invitations for entry of foreigners and stateless persons into the Republic of Kazakhstan, issuing, canceling, restoring visas of the Republic of Kazakhstan, as well as extending and reducing their validity” came into force.

Simplifying the procedure for obtaining a C5 visa for business immigrants

One of the most significant changes was the simplification of the procedure for obtaining a C5 visa for business immigrants. The new procedure significantly reduced the list of documents that must be submitted to obtain a visa. In particular, the following certificates were excluded from the list of required documents:

• medical certificate confirming the absence of diseases that may prevent entry into the country;
• certificate of the presence or absence of a ban on entrepreneurial activity, issued by an authorized body of the country of citizenship or permanent residence.

These changes have significantly simplified the process of obtaining a C5 visa, which can help attract foreign investors and entrepreneurs to the Republic of Kazakhstan.

It is important to note that the requirements specified in the Law of the Republic of Kazakhstan “On Migration of the Population” have a higher legal priority than the provisions provided for in by-laws. Thus, in the event of a contradiction between the rules and the law, the law will have priority.

Taking into account the current changes in the migration legislation, further adjustments are possible in the Law of the Republic of Kazakhstan “On Migration of the Population”. Amendments to this law will be aimed at eliminating inconsistencies with by-laws, which will bring the rules into line with current requirements.

In particular, it is expected that in the future the procedure for obtaining a C5 visa for business immigrants and other categories of visas will be clarified in order to ensure the unity and consistency of legislation.

The amendments to the migration legislation of the Republic of Kazakhstan that have entered into force have significantly simplified the process of obtaining a visa for business immigrants and other categories of foreign citizens. Reducing bureaucratic barriers and introducing new visa categories open up additional opportunities for international cooperation and economic growth of the country. However, it is important to remember that, despite the simplification of the procedure, the requirements for business immigrants remain high, and it is necessary to strictly comply with all regulations and legal requirements.

For detailed advice and assistance in obtaining a visa or other migration procedures, as well as for obtaining an invitation from a Kazakhstani company, specialists from the KORGAN law firm are always ready to provide professional support.

Author of the article: Kenzhemergenova M.N.

The lists of documents required for foreigners to obtain temporary and permanent residence permits in the Republic of Kazakhstan have been updated

To obtain permits, you need a certificate of fingerprinting of a foreigner or stateless person, issued in accordance with the Rules for fingerprinting and genomic registration, approved by the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan dated September 30, 2024 No. 730. Previously, the Rules approved by the government were in effect.

Also, when applying for a temporary residence permit in the Republic of Kazakhstan for work, an employment contract registered in the MLSZN – in the unified system for recording employment contracts “ESUTD” or a civil law contract for the performance of work (provision of services) is required FOR EVERYONE. Previously, this requirement was only for citizens of the EAEU.

KORGAN Law Firm is always ready to inform you about changes in legislation and provide qualified assistance and advice! We follow the latest news so that you can be confident in the correctness of your decisions and actions.

Contact us right now to get advice and trust the experience of professionals in their work!

Force majeure in a contract: how to protect your interests?

Force majeure is an unexpected event that is beyond the control of the parties and makes it impossible to fulfill contractual obligations. Correctly including this condition in the contract helps to avoid unnecessary disputes and financial losses.

What is force majeure?

Force majeure includes events that cannot be foreseen or prevented. Examples:

• Natural disasters (earthquakes, floods, hurricanes)
• Social upheavals (wars, strikes, revolutions)
• Government bans (sanctions, quarantines, changes in legislation)

Important: Normal difficulties (such as a lack of resources or rising prices) are most often not considered force majeure, unless otherwise specified in the contract.

Why is it important to include force majeure in the contract?

• Release from liability. If a party is unable to fulfill its obligations due to force majeure, this is not considered a breach
• Maintaining trust. The clause shows that the parties are aware of the risks and are ready to cooperate honestly
• Procedure. The contract specifies how the parties must notify each other and what to do if force majeure occurs

How to correctly specify force majeure in a contract?

1. List of circumstances

Specify which events are considered force majeure. Use wording like “including, but not limited to” to account for unforeseen situations. For example:

“Force majeure circumstances include: natural disasters, military actions, acts of terrorism, pandemics, actions of government agencies.”

2. Notification procedure

Specify how and within what time frame the parties must notify each other of force majeure. For example:

“A party is obliged to notify the other party of the occurrence of force majeure circumstances within 5 working days from the moment of their occurrence.”

3. Consequences of force majeure

Specify how force majeure affects the obligations of the parties:

• Are the obligations suspended?
• Is it possible to terminate the contract if the force majeure continues for a long time?

4. Confirmation of force majeure

Determine who must confirm the occurrence of force majeure. Most often, this is done with the help of a certificate from the Chamber of Commerce and Industry.

Practical recommendations

• Assess the risks. If your business depends on supplies, transport or international contracts, pay special attention to the wording of force majeure
• Don’t forget about the deadlines. Determine how long the force majeure can last before the contract is terminated
• Review current contracts. Make sure that they include current risks, such as pandemics or sanctions

What to do if force majeure occurs?

• Notify the other party within the specified time
• Prepare documents confirming the fact of force majeure (certificates, government decrees)
• Agree on actions: suspension of obligations, extension of terms or termination of the contract

Force majeure is a tool for protecting the interests of the parties in unforeseen circumstances. By spelling it out correctly, you can minimize risks and maintain good business relations even in times of crisis.

Contact KORGAN Law Firm for detailed information on the importance of including force majeure in a contract, as well as competent drafting of contracts specifically for your type of activity!

Call our specialists at +7 700 50 00 553 or click on the “order a call” button below.

Author of the article: Akhmetova N.

Compulsory Medical Insurance in Kazakhstan. What can a citizen count on?

Almost every second citizen of the Republic of Kazakhstan is insured in the compulsory medical insurance system, but many citizens do not know what they can count on under the compulsory medical insurance system, except for opening and closing sick leaves.

So, what are you entitled to as a compulsory medical insurance payer?

All services under the compulsory medical insurance system are provided at the clinic where you are registered or at another institution by referral from a local doctor.

All scheduled examinations are carried out by appointment. The maximum waiting period cannot exceed 10 working days. If you have an emergency and need an appointment on the same day, you can contact the filter room or the patient support service at your clinic.

One of the common examinations that you can count on under the compulsory medical insurance system, but do not know about it, is MRI and CT.

The appointment for MRI and CT at the expense of the compulsory medical insurance system is made by the attending physician if there are medical indications.

If your clinic cannot provide this service, then the doctor must refer you to another clinic with which they have an agreement for execution.

IMPORTANT: The absence of the necessary doctors, equipment and other factors are not an objective reason for refusing or delaying the provision of medical services.

Also, within the framework of the compulsory medical insurance, you have the right to undergo screening tests

These include:

• Medical examinations for hepatitis B and C;
• Cervical and breast cancer;
• Colorectal cancer;
• Detection of arterial hypertension;
• Detection of coronary heart disease, diabetes;
• Detection of glaucoma.

In the Republic of Kazakhstan, medicines are issued for medical indications and categories of patients, including beneficiaries and patients with chronic and socially significant diseases. If you do not have the necessary medications, you should contact the SK-Pharmacia Contact Center for free drug provision at 1439, from mobile and landline numbers.

Contact us right now to get advice and trust the experience of professionals in working with KORGAN!

Contact our specialists by phone +7 700 50 00 553 or click on the “order a call” button below.

Amendments to the Social Code — civil law contracts

Amendments to the Social Code of the Republic of Kazakhstan will come into force at the beginning of 2025. These amendments will affect employees working under a Civil Law Agreement.

The first thing that the authorized bodies changed was that they obliged employers to transfer pension contributions to the Unified Accumulative Pension Fund for employees working under Civil Law Agreements. New amendments will also come into force on January 1, 2025.

Previously, employees working under a Civil Law Agreement could not count on payment of sick leave, temporary disability certificates, maternity leave, etc. But, starting from January 1, 2025, all employers will be required to transfer social contributions to the State Social Insurance Fund.

Also, if the authorized bodies do not suspend the introduced regulations, then from January 1, 2025, the amount of social contributions will be increased from 3.5% to 5% of the employee’s accrued income.

The employer pays social contributions, as well as the social tax, independently from its own funds. The payment of these contributions should not affect the employee’s salary in any way.

Turkic Trade Fair 2024: with the participation of KORGAN Law Firm

Our Company (in the role of our Director – Yeshmuratov Saken Asainovich) was invited to participate in the Turkic Trade Fair and Forum (TTF 2024) – the largest event organized with the support of government agencies of 8 countries, including Azerbaijan, Kazakhstan, Kyrgyzstan, Turkey, Uzbekistan, Hungary, Turkmenistan and the Turkish Republic of Northern Cyprus. The forum was held at the Istanbul Convention and Exhibition Center from 7 to 9 November 2024. The purpose of the exhibition is to develop trade, industry, technology, investment and services between these countries, as well as to promote the expansion of marketing of these services in other regions of the world.

TTF 2024 Exhibition and Forum is organized by ROK International Consultancy Inc. in cooperation with the Organization of Turkic States and the Union of Turkic Chambers of Commerce and Industry under the Ministry of Commerce of the Republic of Turkey. The event was attended by more than 100 leading companies, entrepreneurs and experts from various industries, which creates a unique platform for strengthening economic ties between countries, as well as expanding business contacts with international partners.

Turkic Trade Fair 2024 (TTF 2024) Objectives

The main objectives of the event are:

• Creating synergies between Turkic countries: The forum and exhibition will facilitate interactions between businessmen, which will allow for the establishment of partnerships and commercial bridges with international markets.
• Developing trade and investment relations: TTF 2024 will become a platform for the development of industrial cooperation, exchange of technologies and services between Turkic states, which will open up new opportunities for all participants.
• Sharing experiences in sustainable development: Participants will be able to discuss achievements in the field of sustainable development in various sectors and share best practices with other countries.
• Showcasing cultural and economic potential: The exhibition aims to showcase the rich cultural heritage, entrepreneurial spirit and economic strength of the Turkic states, strengthening their position in the global arena.
• Coordination of efforts to promote trade and investment: Creating conditions for the free promotion of trade and investment in the Turkic world, which will have a positive impact on the economic growth of the countries of the region.
• Support for small and medium-sized businesses: The exhibition is focused on presenting new market opportunities for SMEs, micro-producers and entrepreneurs, helping them to enter new markets and integrate into global production chains.
• Organization of bilateral meetings and conferences: The forum will create a platform for discussing current issues and solving business problems, organizing meetings with experts and specialists in various fields.
• Promotion of common brands of Turkic states: The exhibition will focus on promoting common brands of Turkic-speaking countries in the international arena, as well as organizing meetings dedicated to franchising.

Forum Topics

TTF Turkic Trade Exhibition and Forum 2024 covers a wide range of topics that will be discussed through business meetings, conferences and panel discussions. Among them:

• Investment and entrepreneurship opportunities in the Turkic countries.
• Development of technologies and innovations, including digitalization, artificial intelligence, green technologies and sustainable development.
• Logistics and trade, including the creation of new trade routes and improvement of infrastructure to support trade between the countries of the region.
• Culture and business: how cultural ties can contribute to the development of trade and business relations between countries.
• Markets and franchising: opportunities for small and medium-sized businesses, as well as expanding the presence of Turkic brands in international markets.

Strategic importance of TTF 2024

TTF 2024 is of strategic importance for all participants, as it represents a unique opportunity for the countries of the Turkic world and their companies to demonstrate their economic potential, establish new partnerships and expand access to the markets of other countries. The event also serves as an important step in the integration of Turkic countries into the global economy, stimulating growth and improving business relations between the regions.

Turkic Trade Fair and Forum TTF 2024 is a key event for entrepreneurs, businessmen, investors and specialists from Turkic countries and beyond. The event promises to be an important tool for the development of trade, technology and investment, as well as for strengthening cultural and economic ties between the states of the region.

Successful Completion of a Debt Collection Case for a Construction Company Client: KORGAN’s Experience in Protecting the Rights of Equity Holders

KORGAN Law Firm has successfully completed another case on debt collection under a reservation agreement for a client of a construction company. We represented the interests of the client who, like many other equity holders in Kazakhstan, faced risks associated with investing in real estate under construction.

Case Background

Previously, a preliminary reservation agreement was concluded between the construction company and our client, according to which the client wanted to purchase residential space in a residential complex under construction located in Astana. Due to the violation of the terms of the agreement by the construction company, an agreement was concluded to terminate the Reservation Agreement. According to the terms of this agreement, the construction company was obliged to return the funds contributed by the client in the amount of 13,000,000 tenge within 60 working days from the date of signing the agreement. However, after the termination of the agreement, the obligations to return the money were not fulfilled, which prompted the client to seek help from our company.

Difficulties of investing in primary real estate

KORGAN’s experience shows that the risks of investing in real estate under construction in Kazakhstan remain high. Despite the adoption of the law on shared participation in housing construction, loopholes for unscrupulous developers still exist, and some construction companies practice schemes with reservation agreements to bypass the mechanism of shared participation.

These schemes often lead to situations where buyers find themselves in a vulnerable position, facing the risk of not receiving their funds when terminating the contract. Moreover, as our experience shows, many developers reserve the right to make changes to the project without providing shareholders with proper guarantees for the quality and appearance of the properties.

Results of KORGAN’s work

The KORGAN team carefully prepared materials for the trial and initiated debt collection. Faced with our legal support for the client, the developer proposed to enter into a mediation agreement to avoid further litigation. Under the mediation agreement, the construction company voluntarily paid the client the entire debt in the amount of 13,000,000 tenge.

Not the first successful case of refund under a reservation agreement

This is far from the first successful case of debt collection under a reservation agreement that our company has handled. We have accumulated significant experience in protecting the rights of equity holders and investors in the primary real estate market. Thanks to our efforts, clients receive legal protection that helps them return funds even in the face of shortcomings in legislation and insufficient protection for equity holders.

KORGAN continues to defend the interests of equity holders and encourages buyers of primary real estate to carefully approach the choice of developers and the legal execution of contracts. If you are faced with a violation of obligations by a developer, our specialists are ready to provide you with reliable legal protection.

By contacting KORGAN, you receive professional support at every stage of the legal process, from document preparation to effective dispute resolution. We guarantee quality services, an individual approach and transparent cooperation so that you feel confident and calm about the result.
With our help, you will be confident in the reliability of the protection of your rights and interests.

Contact us right now for a free consultation and trust your case to experienced professionals from KORGAN!

Author of the article: Berdysheva A.K.

Liquidation of a company without bankruptcy proceedings: successful resolution of a dispute by the law firm KORGAN

The client contacted the KORGAN law firm to liquidate the company without initiating bankruptcy proceedings in accordance with the provisions of the Law of the Republic of Kazakhstan dated March 7, 2014 No. 176-V “On Rehabilitation and Bankruptcy”. According to Chapter 7 of this law, liquidation of a debtor without initiating bankruptcy proceedings is possible if the debtor is absent or if a set of circumstances stipulated by law are provided for in relation to him.

Our specialists filed an application for liquidation with the court, however, during the execution of the task, the application for liquidation was left without consideration, due to the fact that the parties entered into a settlement agreement at the execution stage, which we submitted for approval by the court.

Difficulties and features of providing company liquidation services

The main difficulty was in changing the direction of the case. At the initial stage, KORGAN initiated the liquidation process in accordance with the requirements of Article 113 of the Law. However, there was a need for flexible adaptation and prompt response to changes in the situation. Reconciliation of the parties at the execution stage became possible due to the active actions of our specialists aimed at achieving mutual understanding between the debtor and the creditor.

The essence of the problem arose in the conflict between the debtor and the creditor regarding dividends and penalties for payment, which led to the filing of a claim for the liquidation of the company. However, the parties were able to reach an agreement and resolve the dispute peacefully by approving a settlement agreement. Thanks to this, it was possible to save time. If the agreement had not been reached, the company would most likely have faced lengthy litigation.

This approach made it possible to avoid litigation, a protracted process and associated costs for the client.

Remember: timely appeal to professionals often helps to prevent serious problems in the future. Trust your legal issues to the experts of the KORGAN law firm – focus on what is really important to you.

Contact us right now to get advice and trust the experience of professionals in working with KORGAN! Contact our specialists by phone +7 700 50 00 553 or click on the “order a call” button below.

Author of the article: Berdysheva A.K.

Business immigrants in Kazakhstan: changes in legislation

Business immigrants play an important role in the economic development of Kazakhstan, and the new legislation opens up new opportunities for them. However, for successful integration into the business environment, it is necessary to carefully monitor compliance with migration requirements.

On May 28, 2024, changes to the conduct of business activities for foreigners came into force in the Republic of Kazakhstan.

According to the Law of the Republic of Kazakhstan “On Migration of the Population”: “The creation of a legal entity, as well as participation in the authorized capital of commercial organizations by joining the composition of participants in legal entities, is prohibited for foreigners who have not received an entry visa or a temporary residence permit as business immigrants, with the exception of immigrants who have a residence permit for a foreigner or a stateless person certificate.”

New requirements for business immigrants

Previously, citizens of the EAEU countries did not need a business immigrant visa (C5 visa) to conduct business in Kazakhstan. Now, according to the changes, the creation of a legal entity or participation in the authorized capital of commercial organizations is prohibited without obtaining a visa or a temporary residence permit. The only exceptions are those foreigners who have a residence permit or stateless status.

According to Article 6-1 of the Law “On Migration of the Population” of Kazakhstan, a temporary residence permit is issued on the basis of applications from local executive bodies for immigrants who have arrived for the purpose of doing business.

To successfully conduct business in Kazakhstan, it is also important to take into account migration regulations. Before registering a Kazakhstan LLP, a foreigner must obtain a business immigrant TRP or obtain a C5 visa.

A business immigrant is an immigrant who has arrived for the purpose of carrying out entrepreneurial activity in accordance with the legislation of the Republic of Kazakhstan.

Who needs a Business Immigrant TRP?

These changes affect citizens of countries with which Kazakhstan has signed international agreements on visa-free entry, including the EAEU states (Russia, Kyrgyzstan, Armenia and Belarus), as well as Azerbaijan and Tajikistan.

How to obtain a temporary residence permit for a Business Immigrant?

According to the new rules, in order to obtain a temporary residence permit (TRP), business immigrants must prepare certain documents:

• A passport with a stamp on crossing the border (it is recommended to provide both passports: domestic and foreign).
• An identification number (IIN), which must be issued for the foreign passport with which you crossed the border.
• Residential address in the country of citizenship.
• A notarized consent from the owner of the property (required for each foreigner).
• Notification of stay, which is submitted through the websites vmp.gov.kz or eqonaq.kz from the owner of the property or hotel.
• A certificate of no criminal record issued by the competent authority of the country of citizenship or permanent place of residence residence.
• A document confirming the absence of a ban on conducting business activities (if such a certificate is required by the legislation of the country of citizenship).
• Fingerprinting (passport, IIN and notification are required).
• Medical insurance covering primary and specialized medical care, in compliance with the minimum requirements established by the legislation of Kazakhstan.
• Medical certificate 028/u, confirming the absence of diseases that interfere with work activity.

The cost of services for obtaining a temporary residence permit is 250,000 tenge, and the processing time is from 1 to 2 days from the moment of collecting all the necessary documents.

Timeframe for obtaining a Permit

The timeframe for obtaining a Business Immigrant Temporary Residence Permit is from 1 to 3 business days from the moment of collecting all the necessary documents.

Cost of obtaining a Business Immigrant Permit

Obtaining a Business Immigrant Temporary Residence Permit with the support of our lawyers will be 250,000 tenge.

Notary fees and translation costs are paid separately.

Stages for obtaining a permit

First stage – submission of the necessary documents by a foreign individual, specified above (provide a certificate of no criminal record, medical certificates, consent from the owner of the property for residence, fingerprinting data, and other documents). Documents are submitted to the Registration Authority at the place of registration of the owner of the property.

Before arriving in Kazakhstan, it is necessary to obtain a certificate of the presence or absence of a criminal record in the country of citizenship (the certificate is valid for 180 days from the date of receipt), as well as a document confirming the absence of a ban on entrepreneurial activity (if such a certificate is required by the legislation of the country of citizenship).

Before submitting documents for a Business Immigrant RVP, a notification of entry is submitted, an IIN is issued, a notarized consent of the owner is notarized, and it is also necessary to undergo fingerprinting, a medical examination, etc.

The second stage is the registration of an LLP in the Registration Authority with the personal presence of a foreigner who has received a Business Immigrant RVP. When submitting an application, it is necessary to provide a document confirming the right to register a commercial organization in the Republic of Kazakhstan (in this case, a Business Immigrant Temporary Residence Permit), a copy of the passport or other document certifying the identity of the foreign founder, with a notarized translation into Kazakh and Russian, as well as the decision/minutes of the general meeting on the opening of an LLP.

You can read more about opening a LLP with us in our article, as well as about the benefits of registering a legal entity with KORGAN.

Third stage – after opening a legal entity, based on a petition from local executive bodies on entrepreneurship issues with the required list of documents, a temporary residence permit is issued for one year with the possibility of annual extension up to 3 years.

At the first stage, a temporary residence permit is issued for 3 months. It is assumed that a foreign citizen must have time to register a legal entity during the specified period. After registering a legal entity, the company submits an application for a temporary residence permit for up to 12 months.

Is the personal presence of a foreign citizen required to obtain a temporary residence permit for a business immigrant?

We can submit documents by Power of Attorney, but we attach the original passport and a copy of the notification of entry into Kazakhstan.

Where can I get a certificate of no criminal record?

This certificate is obtained in the country of citizenship.

How to get medical certificates?

Medical certificates can be obtained in Kazakhstan.

Why us?

KORGAN Law Firm is ready to assist at every stage of this process, providing competent support and assistance in preparing all the necessary documents. Contact us right now to get a free consultation and trust the experience of professionals in working with KORGAN!

Contact our specialists by phone +7 700 50 00 553 or click on the “order a call” button below.

Important! Introduction of an automated register of licenses in the architectural and construction sphere

Based on the Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated July 31, 2024 No. 283 in connection with the introduction of an automated register of licenses in the architectural and construction sphere, we strongly recommend updating data on certified engineering and technical specialists on the enbek.kz and eQurylys portals.

Otherwise, companies that have a license for construction and installation works, but do not have certified engineering and technical specialists on staff, will have their licenses revoked for a period of no more than 6 months! If the company does not eliminate the violation, the license will be revoked without the possibility of restoration.

If you need more detailed advice in the field of licensing, the KORGAN Law Firm is ready to provide advice on all issues of interest to you.

Link to the order On approval of the Rules for maintaining, suspending, terminating (revoking) permits in the automated register of permits in the field of construction – IPS “Adilet” (zan.kz)

Obtaining IIN and BIN in Kazakhstan

An individual identification number (IIN) is a 12-digit number that is issued to each individual upon his first registration in the information and production system to create documents.

The IIN is generated automatically, taking into account the concepts of uniqueness and immutability. It is not subject to any changes or regeneration from the moment of its first formation, in order to protect the integrity of the contents of information banks of various levels that use the IIN in the data structure.
IIN is indicated on the front side of the identity card of a citizen of the Republic of Kazakhstan.

Individuals are identified by government agencies using IIN.

As a result, in order to access public services, individuals must have an IIN, for example for:

• receiving identification documents;
• marriage registration;
• state registration of real estate and cars;
• making payments and transfers;
• paying taxes;
• business registration.

A non-resident must obtain an IIN in order to create a legal entity in Kazakhstan.

The assignment of IIN to foreigners is carried out by the migration police of Kazakhstan from January 1, 2021 through the Non-Commercial Joint Stock Company State Corporation “Government for Citizens”.

The service is now provided electronically, with the corresponding certificate issued as an electronic document in PDF format based on the results of the service.

Documents required for registration of a foreigner’s IIN

1. A copy of the foreigner’s passport, which must be scanned.

If the foreigner’s passport does not contain identification data (last name, first name, patronymic and place of birth) written in Cyrillic, a copy of the certified translation of the passport into Cyrillic must be attached.

We also wanted to dwell a little more on how the IIN is still deciphered:

• The first six digits indicate the date, month, day of your birth;
• The seventh digit is your gender and age of birth:
  • Male, born in the 19th century;
  • Female, 19th century;
  • Male, born in the 20th century;
  • Female, 20th century birth;
  • Male, 21st century birth;
  • Female, born in the 21st century.
• 8-11 digits is the registration number in the organ system;
• 12 check digit/digit.

We would also like to consider in detail the business identification number of a legal entity in Kazakhstan.

In accordance with paragraph 1-1 of Article 1 of the Law of the Republic of Kazakhstan dated January 12, 2007 N 223 “On National Registers of Identification Numbers”.

A business identification number (BIN) is a unique number assigned to a legal organization (branch and representative office), as well as an individual entrepreneur in a joint venture.

There is a special information system “National Register of Business Identification Numbers” designed to record and store information about established and terminated legal entities (branches and representative offices), individual entrepreneurs operating in the form of a joint venture, the formation and storage of information about assigned business identification numbers. rooms.

Business identification number (hereinafter – BIN) – contains 12 digits and consists of five parts:

Without a business identification number of a company, it is impossible to carry out business activities. It is required when applying to any government agency.

There is a special information system “National Register of Business Identification Numbers” designed to record and store information about established and terminated legal entities (branches and representative offices), individual entrepreneurs operating in the form of a joint venture, as well as generating and storing information about assigned business identification numbers.

The 12-digit Business Identification Number (BIN) consists of five parts:

1) the first part – consists of 4 digits and includes the year (last two digits) and month of state (record) registration or re-registration of a legal entity, branches and representative offices or an individual entrepreneur operating in the form of a joint venture (hereinafter – IP (S )), or year (last two digits) and month of registration or re-registration of AIFC bodies, their organizations and AIFC participants as legal entities, branches and representative offices;
2) the second part – consists of 1 digit and means the type of legal entity or IP (S).

Specific values ​​for the type of legal entity or IP(S):

• 4 – for resident legal entities;
• 5 – for non-resident legal entities;
• 6 – for IP(S).

3) the third part – consists of 1 digit and is an additional feature and is defined as follows:

• 0 – head unit of a legal entity or individual entrepreneur(s);
• 1 – branch of a legal entity or individual entrepreneur(s);
• 2 – representative offices of a legal entity or individual entrepreneur(s);
• 3 – a peasant (farm) enterprise operating on the basis of joint entrepreneurship.

4) the fourth part – consists of 5 digits and includes the serial number of registration in the system of a legal entity (branches and representative offices) or IP (S).

The AIFC bodies, their organizations and AIFC participants are assigned a serial number starting from the first digit, starting from the number 90001 to 99999 inclusive.

5) the fifth part – consists of 1 digit, which is determined automatically and is a check digit.

We hope you found this information interesting. If you need legal advice on migration issues, issues of entry into and exit from the territory of the Republic of Kazakhstan, then you can contact the KORGAN Law Company at any time in person or by calling the phone number: +7 700 244 61 66.

Restriction on the export of foreign currency and gold in Kazakhstan

On March 14, 2022, President Kassym-Jomart Tokayev signed a decree “On measures to ensure the financial stability of the Republic of Kazakhstan”.
Which explains that in order to protect the national interests of the Republic of Kazakhstan and ensure financial stability in the territory of the Republic of Kazakhstan, a ban on the export of:

• foreign currency in cash and (or) monetary instruments in foreign currency in an amount exceeding the equivalent of 10,000 (ten thousand) US dollars and calculated at the rate of the National Bank of the Republic of Kazakhstan, established on the date of export;
• gold bars of refined gold 5, 10, 20, 50 and 100 grams and investment coins made of gold “ALTYN BARYS” and silver “KÚMIS BARYS” issued by the National Bank of the Republic of Kazakhstan, as well as refined gold over 100 grams.

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The President resolved the Government of the Republic of Kazakhstan, together with the National Bank of the Republic of Kazakhstan and other interested state bodies, to take the necessary measures to implement this Decree.

It should be noted that this Decree comes into force from the day of its official publication, i.e. March 14, 2022.

Requisites for payment of state duty in foreign currency

Representation of interests in court

Pre-trial dispute resolution

• Claim dispute resolution procedure;
• Dispute resolution with the involvement of a mediator;
• Dispute resolution by permanent arbitration

Tax disputes

• Challenge notifications based on the results of a tax audit;
• Challenging notifications about the elimination of violations identified by the tax authorities based on the results of an in-house audit;
• Challenge of notices on elimination of violations of the tax legislation of the Republic of Kazakhstan;
• Disputes related to pseudo-entrepreneurship and invalidation of the registration of a legal entity;
• Disputes related to the claims of the tax authorities on the recognition of transactions as invalid;
• Challenging the issue of accruing a fine and the possibility of exemption from its payment or reduction of its size;
• Challenging the conclusions of the tax authorities;
• Challenging the actions of the tax authorities in terms of imposing restrictions on the disposal of property.

Disputes arising from a construction contract and public procurement

• Collection of debt for work performed from the customer;
• Collecting the prepayment amount from the contractor in case of improper fulfillment of obligations under the work contract;
• Termination of a construction contract in court;
• Claims for compelling an unscrupulous contractor to eliminate deficiencies in the work performed;
• Protection of the interests of contractors in claims for recognition as an unfair participant in public procurement;
• Challenging the results of public procurement;
• Challenge illegal orders of regulatory authorities.

Corporate disputes

• Related to the creation, reorganization and liquidation of a legal entity;
• At the request of founders, shareholders, participants, members of a legal entity (hereinafter referred to as participants in a legal entity) for compensation for losses caused to a legal entity, invalidation of transactions made by a legal entity, and (or) application of the consequences of the invalidity of such transactions;
• Associated with the appointment or election, termination, suspension of powers and liability of persons who are or were members of the management bodies of a legal entity, as well as disputes arising from civil legal relations between such persons and a legal entity in connection with the implementation, termination, suspension of their authority;
• On convening a general meeting of participants of a legal entity;
• On challenging decisions, actions (inaction) of the governing bodies of a legal entity.

Business disputes

• Collection of debt arising from various types of contracts: the principal amount of the debt, the penalty, legal costs, the costs of paying for the services of a representative;
• Recovery of damages;
• Protecting the interests of employers when an employee files a claim for the recovery of wages.

Registration, re-registration of companies

The most common organizational and legal form for creating a commercial legal entity in the territory of Kazakhstan is a Limited Liability Partnership.

Article 2 of the Law of the Republic of Kazakhstan “On Limited Liability and Additional Liability Partnerships” establishes that a limited liability partnership is a partnership established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the founding documents; participants in a limited liability partnership are not liable for its obligations and bear the risk of losses associated with the activities of the partnership, to the extent of the value of their contributions.

It follows from this that the founders of the partnership are liable only in proportion to their contributions, this fact saves the founders of the partnership from high risks, limiting them (risks).

The founder of an LLP can be both an individual and a legal entity, while they can also be non-residents of the Republic of Kazakhstan. With the development of foreign economic relations, the creation of an LLP with foreign participation is becoming an increasingly popular service.

Registration of an LLP in accordance with the Standard (State registration of legal entities, record registration of their branches and representative offices) is carried out in two ways: on purpose, through the PSC branches, or through the EGOV portal (if all founders have an EDS).

The creation and registration of an LLP consists of 3 steps:

• Drafting constituent documents;
• LLP registration;
• Concluding a lease agreement, opening an account, insurance, VAT registration.

First step: When drafting constituent documents, it is determined:

• LLP name (checked within a few minutes on the EGOV portal to exclude matches);
• Address of location of the future LLP (own or rented property);
• Type of economic activity (for the agency of statistics, also OKED determines whether a license is required for the further operation of the LLP);
• The size of the authorized capital and the share of the founders are determined (there can be one or more founders);
• The head of the LLP (Director, General Director, etc.) is selected; he can be either the founder or another selected individual.

The founding documents are:

• Decision (with the Sole participant of the LLP) or Minutes of the general meeting of the participants of the LLP (from two founders and above);
• Memorandum of Association;
• The charter of the partnership (it can be standard or drawn up according to one’s own wishes, taking into account the form established by law);
• Order on assuming the position of director of the LLP.

Second step: direct registration of the LLP:

• By submitting constituent documents and the necessary information through the nearest PSC department (within one business day following the day the application was submitted);
• Electronic registration of an LLP through the EGOV portal if all participants of the future legal entity have an EDS (within 15 minutes).

Third step

Here, the final steps are already being taken, the first of which is the conclusion of a lease agreement or obtaining a notarized consent of the owner (individual) to use the premises (buildings, houses, etc.).

After the conclusion of the lease agreement or obtaining consent, a bank account is opened, the LLP is registered for VAT and other actions are carried out in accordance with the wishes of the founder (lei).

With foreign participation, in the created LLP, a few more processes are added to the above processes:

• Obtaining an IIN for a non-resident individual (a notarized translation of the passport into Kazakh is required);
• Obtaining a BIN if the founder is a non-resident legal entity (a notarized translation into Kazakh and Russian of a legalized extract from the trade register is required.

When contacting the LAW COMPANY KORGAN, the process of registering an LLP is greatly simplified, we guarantee a quick and high-quality opening of an LLP without any problems, saving you time, money and nerves.

Registration of companies with foreign participation

• Assistance in registering a non-resident individual with state revenue authorities;
• Assistance in registering a non-resident legal entity with state revenue authorities;
• Registering a legal entity with an authorized registrar;
• Advice on apostille of constituent documents;
• Translation and notarization of constituent documents;
• Advice on taxation and choice of tax regime;
• Preparation of documents for opening a bank account and assistance in choosing a bank.

Contract work. Preparation and approval of draft contracts

The conclusion of an agreement is the basis of strategic cooperation between the parties. A well-drafted contract allows you to avoid the negative consequences of its non-execution in the future.

Drawing up contracts

• Lease agreement for office space, industrial warehouses and sites;
• Purchase and sale agreements;
• Construction contracts;
• Service Agreement;
• Pledge agreement;
• Equipment leasing agreement;
• Concession agreement;
• Employment contract;
• Other contracts.

Drafting local acts of the company

• Draft orders (acts of the employer) on labor issues, safety, labor protection;
• Draft orders on labor activity on the hiring of employees, vacations, termination of employment contracts, business trips, etc.;
• Drafting labor and collective agreements;
• Project development;
• Working regulations;
• Regulations on the wage system;
• Regulations on travel of employees;
• Instructions for ensuring fire safety;
• Regulations on safety and labor protection;
• Regulations on personnel policy;
• Regulations on the department;
• Regulations on the procedure, conditions and frequency of performance appraisal of employees;
• The procedure for storing personal data of employees;
• Regulations on trade secrets and proprietary information with a list of information, obligations of employees;
• Rules for electronic document management (Instructions for working with e-mail in a company);
• Company Internet Security Policy

Registration of licenses and permits

In Kazakhstan, it is allowed to engage in any type of entrepreneurial activity, except for the one for which a special permit is required – a license.

• Licensing activities in the field of architecture, urban planning and construction;
• Licensing activities in the field of production and circulation of ethyl alcohol and alcoholic products, production of tobacco products;
• Licensing activities in the field of export and import of goods;
• Licensing activities in the field of transport;
• Licensing activities in the field of education;
• Licensing activities in the field of mass media;
• Licensing activities in the health sector;
• Licensing activities in the field of servicing individuals and legal entities;
• Licensing activities in the financial sector and activities related to the concentration of financial resources.

Licenses issued by the law firm KORGAN

2019

• License for the storage and wholesale of alcoholic products, with the exception of the storage and wholesale of alcoholic products in the territory of its production for the Kazakh company Rudovine LLP with the participation of the founders of the company from the Russian Federation;
• License for construction and installation works of category III for the Kazakhstani company Karenergomontazh LLP.

2020

• License for construction and installation works of the III category for the Kazakh company LLP “Megalit”;
• License for construction and installation works of category III for the Kazakhstani company LLP “Stigma Co”;
• License for project activities of the III category for the Kazakhstani company LLP “KIP KZ”;
• License for construction and installation works of the III category for the Kazakhstani company KIP KZ LLP.

Registration of trademarks. Copyright protection

The total cost of the product registration procedure is approximately 200,000 tenge

The cost of registering trademarks consists of:

The cost of our services is 150,000 tenge (up to 3 classes of the ICTU)

Two contributions to the authorized body

1st installment (up to 3 classes of the ICGS) mark examination services:

• for legal entities 91,000 tenge (upon provision of a certificate of belonging to small and medium-sized businesses – 68,250 tenge);
• for small and medium-sized businesses 68,250 tenge;
• for individuals 63,700 tenge.

2nd installment after examination. 36,545 tenge – for issuing a security document.

Additionally for each class over 3 classes of the ICTU:

• 25,500 tenge – for legal entities;
• 19,125 tenge – for small and medium-sized businesses (including individual entrepreneurs);
• 17,850 tenge – for individuals.

The deadlines are set for everyone by the authorized body NIIS Kazpatent, and neither we nor any other company can speed them up.

Why do you need to register a trademark?

A trademark allows you to distinguish the goods or services of one manufacturer/service provider from the goods and services of another. If you have your own brand and want to protect it from the encroachments of competitors, you must register your trademark.

Why do you need to contact the KORGAN law firm?

With us, registering a trademark (brand) is much easier, cheaper and faster, since having extensive experience in the field of trademark registration, we know perfectly well what clients want and what is necessary for this.

We strive to minimize client participation in the process of registering a trademark, since we understand that our clients have very little time and do not want to be distracted by legal red tape. All applications, requests, and other documentation are prepared and sent to the relevant authorized bodies by our specialists.

All you need is a power of attorney to represent your interests in the authorized body, an image of the trademark and payment for the services of the authorized body.

If you need professional assistance in registering a trademark and at reasonable prices, the KORGAN law firm is ready to provide you with services for registering a trademark at a professional level.

Protection of interests at the stage of enforcement proceedings

• Appeal against actions / inactions of a bailiff to higher authorities and in court in case of non-execution of a court decision;
• Permanent monitoring of the course of enforcement proceedings from the moment the writ of execution is issued to its full execution;
• Appeal against illegal actions of a bailiff in the sale of the arrested property of the debtor at public auction;
• Interaction with private bailiffs to collect debts;
• Settlement of a dispute with a recoverer – conclusion of a settlement agreement at the stage of enforcement proceedings;
• Preparing a petition to the court to obtain a deferment, installment plan for the execution of a court decision.