Article 14. The procedure for convening a general meeting of members (participants) of a self-regulatory organization The Law on Self-Regulation

Home / RLA / Article 14. The procedure for convening a general meeting of members (participants) of a self-regulatory organization The Law on Self-Regulation

1. General meetings of members (participants) of a self-regulatory organization are divided into annual and extraordinary ones.

A self-regulating organization is required to hold an annual general meeting of the members (participants) of the self-regulating organization. Other general meetings of members (participants) of a self-regulatory organization are extraordinary.

The members (participants) of a self-regulating organization, including those who are the founders of a self-regulating organization, are equal to each other, each of whom has one vote.

The transfer of voting rights by a member (participant) of a self-regulating organization to another person, including another member (participant) of a self-regulating organization, is allowed only to a legal representative.

The first general meeting of members (participants) of a self-regulating organization must be convened and held within two months after receiving an extract from the register of self-regulating organizations on the accepted notification of the commencement of the activities of a self-regulating organization based on mandatory or voluntary membership (participation).

At the first general meeting of the members (participants) of a self-regulating organization, the collegial governing body of the self-regulating organization is elected, the executive governing body of the self-regulating organization is appointed, and the charter of the self-regulating organization is approved. The decision is made by a qualified majority of the members (participants) of the self-regulating organization, which is two thirds of the total number of voting members (participants) of the self-regulating organization.

The first general meeting of members (participants) of a self-regulating organization has the right to consider other issues, decision-making on which falls within the competence of the general meeting of members (participants) of the self-regulating organization.

2. The annual general meeting of the members (participants) of the self-regulatory organization approves:

1) annual financial statements of a self-regulatory organization;

2) the report of the governing bodies of the self-regulating organization to the members (participants) of the self-regulating organization.

The decision on such issues is made by a simple majority of the voting members (participants) of the self-regulatory organization.

The annual general meeting of members (participants) of a self-regulating organization has the right to consider other issues, decision-making on which falls within the competence of the general meeting of members (participants) of the self-regulating organization.

3. The annual general meeting of the members (participants) of the self-regulatory organization must be held within three months after the end of the financial year. The specified period is considered extended to two months if it is impossible to complete the audit of the self-regulatory organization for the reporting period.

4. The annual general meeting of members (participants) of a self–regulating organization is convened by the collegial governing body of the self-regulating organization, and in case of its absence - by the executive governing body of the self-regulating organization.

5. An extraordinary general meeting of members (participants) of a self-regulatory organization is convened on the initiative of:

1) the collegial governing body of a self-regulating organization;

2) the executive management body of a self-regulating organization;

3) one third of the members (participants) of the self-regulatory organization.

The laws of the Republic of Kazakhstan and the charter of a self-regulating organization may provide for other cases of convening an extraordinary general meeting of members (participants) of a self-regulating organization.

6. The preparation and holding of the general meeting of the members (participants) of the self-regulatory organization are carried out:

1) a collegial governing body of a self-regulating organization;

2) the executive management body of a self-regulating organization;

3) the liquidation commission of a self-regulating organization.

The preparation and holding of a general meeting of members (participants) of a self-regulating organization on the initiative of one third of the members (participants) of a self-regulating organization is carried out by the executive management body of the self-regulating organization.

7. The costs of convening, preparing and holding a general meeting of members (participants) of a self-regulating organization shall be borne by the self-regulating organization, unless otherwise provided by the charter of the self-regulating organization.

8. The annual general Meeting of members (participants) of a self-regulating organization may be convened and held on the basis of a court decision taken at the request of any interested person in the event of a violation by the governing bodies of the self-regulating organization of the procedure for convening the annual general meeting of members (participants) of the self-regulating organization established by this Law.

The Law of the Republic of Kazakhstan dated November 12, 2015 No. 390-V SAM.

This Law regulates public relations related to the self-regulation of business and professional entities in the Republic of Kazakhstan, defines the conditions for the establishment and functioning of self-regulatory organizations, membership (participation) in them and their legal status.

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Republic of Kazakhstan

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