Article 9. Establishment and termination of a self-regulatory organization The Law on Self-Regulation

Home / RLA / Article 9. Establishment and termination of a self-regulatory organization The Law on Self-Regulation

1. A self-regulating organization is established and ceases to operate on the initiative of individuals or legal entities engaged in entrepreneurial or professional activities, or in accordance with the laws of the Republic of Kazakhstan.

A self-regulating organization may be liquidated voluntarily or forcibly on the basis and in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Non-Profit Organizations" and other laws of the Republic of Kazakhstan.

2. The terms and procedure for the acquisition and loss of membership (participation) are determined by the laws of the Republic of Kazakhstan and the charter of the self-regulatory organization.

In self-regulation based on compulsory membership (participation), the requirements for the number of their members (participants) are established by the laws of the Republic of Kazakhstan.

3. In case of liquidation of a self-regulating organization based on compulsory membership (participation), its members (participants) are obliged to join another self-regulating organization based on compulsory membership (participation) within three months without paying an entrance fee.

During the period specified in the first part of this paragraph, such members (participants) are entitled to carry out entrepreneurial or professional activities.

4. The basis for the commencement and termination of the activities of a self-regulatory organization is a notification about it sent to the regulatory state body.

The notification is sent in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications".

Within two months after sending the notification, the self-regulating organization submits the following documents to the regulatory state body:

1) the charter of a self-regulating organization containing the information provided for by this Law;

2) rules and standards of a self-regulatory organization;

3) confirming that the self-regulating organization has one or more ways to ensure property liability to consumers of goods (works, services) and other persons produced by its members (participants).

5. Exclusion from the register of self-regulating organizations is carried out on the basis of:

1) decisions of the general meeting of members (participants) of a self-regulating organization on voluntary exclusion from the register of self-regulating organizations, liquidation of a self-regulating organization, or reorganization of a self-regulating organization in the form of a merger, affiliation, division, or separation;

2) adoption of the law of the Republic of Kazakhstan revising or abolishing self-regulation based on compulsory membership (participation) in the sphere where one self-regulating organization operates;

3) failure to submit within two months the documents provided for in the third part of paragraph 4 of this Article;

4) a court decision that has entered into legal force on the termination of the activities of a self-regulating organization and its exclusion from the register of self-regulating organizations.

Exclusion of a self-regulating organization from the register of self-regulating organizations on other grounds is not allowed, unless otherwise established by the laws of the Republic of Kazakhstan.

6. The decision of the regulatory state body to exclude a self-regulating organization from the register of self-regulating organizations may be appealed to the court.

An appeal against the decision of a regulatory state body to exclude a self-regulating organization from the register of self-regulating organizations does not suspend the execution of this decision.

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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