Article 12-1. Affiliated person of a Limited Liability Company Law on Limited and Additional Liability Companies

Home / RLA / Article 12-1. Affiliated person of a Limited Liability Company Law on Limited and Additional Liability Companies

1. An affiliated person of a limited liability partnership (hereinafter referred to in this article as a partnership) is an individual or legal entity (with the exception of government agencies exercising control and supervisory functions within the scope of their powers) that has the ability to directly and (or) indirectly determine decisions and (or) influence decisions made by each other (one of the persons) of the decision, including by virtue of the concluded transaction.

2. The affiliated persons of the partnership are:

1) founders, participants;

2) close relatives, spouse, close relatives of the spouse of the individuals specified in subitems 1), 3) and 9) of this paragraph;

3) officials of the partnership or legal entities specified in the sub-paragraphs 1), 4), 5), 6), 7), 8), 9), 10) and 11) of this paragraph;

4) a legal entity that is controlled by the person specified in subparagraph 1) of this paragraph, or by an official of the partnership;

5) a legal entity in relation to which the person specified in subparagraph 1) of this paragraph or who is an official of the partnership is a major shareholder or has the right to a corresponding share in the property;

6) a legal entity in relation to which the partnership is a major shareholder or has the right to a corresponding share in the property;

7) a legal entity in relation to which the legal entity referred to in subparagraph 6) of this paragraph is a major shareholder or has the right to a corresponding share in the property;

8) a legal entity that, together with the partnership, is under the control of a third party;

9) a person connected with the partnership by an agreement, according to which he has the right to determine the decisions taken by the partnership.;

10) a person who independently or jointly with his affiliated persons owns, uses, disposes of ten or more percent of the voting shares (participation interests in the authorized capital) of the legal entities specified in the subitems 1), 4), 5), 6), 7), 8), 9) and 11) the present point;

11) another person who is an affiliated person of the partnership in accordance with the legislative acts of the Republic of Kazakhstan.

2. Control over a partnership or other legal entity is the ability to determine the decisions taken by the partnership or other legal entity, respectively.

The Law of the Republic of Kazakhstan dated April 22, 1998 No. 220-1.

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