Article 39. Governing bodies of a non-profit organization of the Law On Non-Profit Organizations

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1. The governing bodies of a non-profit organization, with the exception of state institutions, and the professional audit council, in accordance with their constituent documents, are:

1) the supreme governing body (general meeting, congress, conference, founder, board of Trustees) has the right to make decisions on any issues related to the activities of a non-profit organization;

2) the executive management body (collegial or sole) - carries out the day-to-day management of the activities of a non-profit organization, with the exception of matters attributed by the founding documents of a non-profit organization to the exclusive competence of the supreme management body, is accountable to this body.;

3) a control body (audit commission, auditor, internal audit service), elected or appointed by the governing bodies of a non-profit organization;

4) other bodies in accordance with the laws and constituent documents of a non-profit organization.

2. The exclusive competence of the supreme governing body of a non-profit organization, with the exception of the professional council on auditing, includes the following issues::

1) adoption, amendments and additions to the constituent documents of a non-profit organization;

2) voluntary reorganization and liquidation of a non-profit organization;

3) determining the competence, organizational structure, and procedure for the formation and termination of the powers of the governing bodies of a non-profit organization;

4) determining the procedure and frequency of presentation of financial statements of executive bodies, as well as the procedure for conducting inspections by the control body and approving their results;

5) making, within the limits established by legislative acts, a decision on the participation of a non-profit organization in the establishment or activities of other legal entities, its branches and representative offices.

The exclusive competence of the supreme governing body of the constituent documents of a non-profit organization may include other issues of the organization's activities in accordance with legislative acts.

3. A non-profit organization shall not be entitled to pay remuneration to members of its supreme governing body for the performance of their assigned functions, with the exception of compensation for expenses directly related to participation in the work of the supreme governing body.

4. Full-time employees of non-profit organizations working under an employment contract are subject to the labor legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on social security and insurance.

5. The provisions of paragraphs 1-3 of this Article do not apply to autonomous educational organizations and autonomous cluster fund.

6. The specifics of the legal status of the governing bodies of the National Chamber of Entrepreneurs of the Republic of Kazakhstan are determined in accordance with the Law of the Republic of Kazakhstan "On the National Chamber of Entrepreneurs of the Republic of Kazakhstan".

7. The specifics of the legal status of the governing bodies of the professional Audit Council are determined in accordance with the Law of the Republic of Kazakhstan "On Auditing".

The footnote. Article 39 as amended by the Laws of the Republic of Kazakhstan dated 05/15/2007 No. 253; dated 01/19/2011 No. 395-IV (effective after ten calendar days after its first official publication); dated 07/04/2013 No. 130-V (effective after ten calendar days after its first official publication); dated 06/10/2014 No. 208-V (effective ten calendar days after the date of its first official publication); dated 12.11.2015 No. 391-V (effective six months after the date of its first official publication); dated 03.12.2015 No. 433-V (effective from 01.01.2016); dated 03.07.2020 No. 358-VI (effective after one year from the date of its first official publication); dated 04.07.2022 No. 134-VII (effective sixty calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated January 16, 2001 No. 142.

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