Absence at the location of the legal entity without challenging the grounds for the re-registration itself
When considering disputes, the courts of Almaty had questions about whether it was legitimate to satisfy claims only on the grounds that a legal entity was absent from its location without challenging the grounds for the re-registration itself, that is, the purchase and sale agreement of the authorized capital, and regarding the legality of requiring a business immigrant visa for citizens of the member states of the Eurasian Economic Union.. At the same time, the courts refer to the provisions of Articles 6 and 6-1 of the Law "On State Registration of Legal Entities and Registration of Branches and Representative Offices", which states that for 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, written in Kazakh and Russian languages and presented in two copies. 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 another 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 a passport or other document certifying the identity of the founder is a foreigner, with a notarized translation into Kazakh and Russian.
Absence at the location of the legal entity without challenging the grounds for the re-registration itself
The state registration of a legal entity may be carried out on the basis of an electronic application submitted via the Internet, in accordance with the procedure determined by the Ministry of Justice of the Republic of Kazakhstan. In addition, in accordance with the Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan on mutual visa-free travel of citizens dated November 30, 2000, a visa-free regime is in effect for citizens of the Russian Federation. According to paragraph 2 of Article 2 of the Law "On Population Migration", if an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by this Law, the norms of the international treaty shall apply. The Treaty on the Eurasian Economic Union was ratified by the Law of the Republic of Kazakhstan dated October 14, 2014. Paragraph 24 of Annex No. 16 to the Treaty (Protocol on Trade in Services, Establishment, Activity and Investment) stipulates that each Member State grants persons of any Member State with respect to establishment and activity a regime no less favorable than that provided under the same (similar) circumstances to its own persons in its territory.. According to subparagraph 24) of paragraph 6 of this Annex, an institution means the creation and (or) acquisition of a legal entity (participation in the capital of an established or established legal entity) of any organizational and legal form and form of ownership provided for by the legislation of the Member State in whose territory such a legal entity is created or established. According to article 96 of the Treaty on the Eurasian Economic Union, which entered into force on May 29, 2014 (hereinafter referred to as the Treaty), a "migration card" is a document that contains information about a citizen of a member state entering the territory of another member state, and serves to record and monitor his temporary stay in the territory of the state. the entrance. In accordance with article 97 of the Treaty, employers and (or) customers of works (services) of a Member State have the right to involve workers of the Member States in carrying out work activities without regard to restrictions on the protection of the national labor market. At the same time, employees of the Member States do not need to obtain a work permit in the State of employment. The list of necessary documents for re-registration is regulated by articles 6, 6-1 of the Law, and the norms of current legislation prohibit the requirement of any documents and information other than those provided for by Law and other legislative acts of the Republic of Kazakhstan.
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