Article 13. Procedure for establishing a limited liability company Chapter II. ESTABLISHMENT OF A LIMITED LIABILITY COMPANY Law on Limited and Additional Liability Companies
1. The establishment of a limited liability partnership begins with the conclusion by its founders of a founding agreement (Article 14 of this Law) and ends with the state registration of the partnership as a legal entity (Article 19 of this Law).
2. The procedure for establishing a limited liability company is terminated before its completion.:
1) in the event that during the year, and if a different term is established by the founding agreement, then during such period, from the date of conclusion of the founding agreement, a proper application for state registration of the partnership has not been submitted.;
2) in case of refusal of state registration of the partnership, if the refusal was not appealed in court within the prescribed period, or it was appealed, but the complaint was rejected.
3. Upon termination of the procedure for establishing a limited liability company before its completion (paragraph 2 of this article):
1) the founders of the partnership, who have contributed money, securities, things, property rights, including the right to the results of intellectual activity, and other property for the formation of the authorized capital, have the right to demand their immediate return;
2) a trust management agreement concluded on the basis of this Law, in the absence of any other agreement between the parties to it, is terminated and the property transferred under such an agreement is subject to return.
4. Upon termination of the procedure for establishing a limited liability company before its completion (paragraph 2 of this article), the establishment of a partnership is possible if the founders conclude a new founding agreement. At the same time, the circumstances for which the state registration was refused must be taken into account.
5. The establishment of a limited liability company in order to implement a public-private partnership project is carried out taking into account the provisions established by the Law of the Republic of Kazakhstan "On Public-Private Partnership".
The Law of the Republic of Kazakhstan dated April 22, 1998 No. 220-1.
President
Republic of Kazakhstan
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