Commentary to article 78. The authorized capital of a limited liability company The Civil Code of the Republic of Kazakhstan
The financial basis of the LLP's activities is its authorized capital, which is made up of contributions from the partnership's participants. According to clause 2 of Article 23 of the Law on LLP, the authorized capital of the partnership must be at least one hundred monthly calculation indices established in the Republic of Kazakhstan at the time of making contributions to the authorized capital by the participants.
Unlike a full and limited partnership, an LLP (with the exception of small business entities - in accordance with the Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan" dated June 19, 1997) is not subject to state registration if the authorized capital is paid by its participants for less than 25 percent of what is stated in the constituent documents. his size. The rest must be paid within a period not exceeding one year from the date of registration of the partnership (clause 2, Article 24 of the Law on LLP).
The LLP has the right to make a claim to the participants for the payment of the missing amounts of deposits. At the same time, participants who have not paid part of their contribution may be sanctioned in the form of a penalty in accordance with art. 353 of the Civil Code.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
