Article 26. Increase in the authorized capital of a Limited Liability Company Law on Limited and Additional Liability Companies
1. An increase in the authorized capital of a limited liability company is allowed after its full payment.
2. An increase in the authorized capital of a limited liability company may be carried out by:
1) additional proportional contributions made by all participants of the partnership;
2) increasing the size of the authorized capital at the expense of the partnership's own capital, including at the expense of its reserve capital;
3) (excluded)
4) making additional contributions by one or more participants with the consent of all other participants;
5) admission of new members to the partnership (Article 22 of this Law).
3. If the size of the authorized capital is increased in accordance with the procedure provided for in paragraphs 1) and 2) of paragraph 2 of this article, the size of the shares of the participants will not change.
4. If the authorized capital is increased by making an additional contribution by one of the participants in the limited liability partnership or by a newly accepted participant (subitems 4) and 5) of paragraph 2 of this article), the amount of such contribution shall be determined taking into account the amount of their previous contribution to the partnership's equity and the need to recalculate the shares of all participants in the authorized capital.
The decision is made by common consent of all participants.
5. A limited liability partnership is obliged to notify the body that carried out its state registration of the increase in the authorized capital within three months from the date of the general meeting's decision to increase the authorized capital. By the time of notification, deposits must be made in the amount of at least half of the amount by which the authorized capital is increased.
If the partnership does not notify the body that carried out its state registration, the increase in the authorized capital is considered invalid.
6. If the increase in the authorized capital has not taken place, the participant or a third person intending to join the limited liability partnership who has made his contribution has the right to demand from the partnership the return of the contribution and payment of a penalty in accordance with Article 353 of the Civil Code of the Republic of Kazakhstan (general part) or with compensation for losses, including lost profits due to inability to use the contributed property.
The Law of the Republic of Kazakhstan dated April 22, 1998 No. 220-1.
President
Republic of Kazakhstan
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