Article 124. Constituent documents of state-owned legal entities The Law on State Property

     1. The founding document of a state-owned enterprise is the charter, and the founding document of a state institution is the charter or regulation.

         The charter (regulation) of a republican state institution is approved by the authorized body of the relevant branch, and the charter (regulation) of a municipal state institution is approved by the local executive body or, in coordination with the meeting of the local community, by the office of the akim of a city of regional significance, village, settlement, rural district.

      The charter of a republican state enterprise is approved by the authorized body for state property, another state body exercising the rights of a subject of republican property rights by decision of the Government of the Republic of Kazakhstan, and the charter of a municipal state enterprise is approved by a local executive body or, in coordination with a meeting of the local community, by the office of the akim of a city of district significance, village, settlement, rural district.

     2. The charter (regulation) of a state-owned legal entity must contain:

     1) an indication of the type of state-owned legal entity;

     2) name (brand name);

     3) information about the founder and the authorized body of the relevant industry;

     4) location;

     5) the subject and objectives of the activity;

     6) the authority of the head;

     7) the powers of the Supervisory Board in cases of its creation;

     8) Operating mode;

     9) the procedure for the formation of property;

     10) conditions of reorganization and liquidation.

          The charter (regulation) also defines the relationship between a legal entity and an authorized body for state property or a local executive body or the office of the akim of a city of regional significance, village, settlement, rural district, a legal entity and an authorized body of the relevant industry, the administration of the legal entity and its workforce. The charter (regulations) may contain other provisions that do not contradict the legislation of the Republic of Kazakhstan.

     3. The rules of this article shall apply to the constituent document of a state institution that is a state body, unless otherwise provided for by the legislation of the Republic of Kazakhstan or an individual act on its establishment.

      4. A state institution, by decision of the authorized body of the relevant industry or local executive body or the office of the akim of a city of district significance, village, settlement, rural district, and a state enterprise, by decision of the authorized body for state property or local executive body or the office of the akim of a city of district significance, village, settlement, rural district, shall operate on the basis of a standard the Charter (general regulations) approved by the Ministry of Justice of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated March 1, 2011 No. 413-IV.

         This Law defines the legal regime of state property, the legal basis for the management of State property, including property assigned to State-owned legal entities, and state-owned shares and stakes in the authorized capital of legal entities, the legal grounds for the acquisition and termination of rights to state property, and is aimed at ensuring the effective exercise by the State of the rights of the owner and holder of other rights. on state property.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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