Formation of the executive body of the partnership and early termination of its powers
By virtue of the requirements of subparagraph 2) of paragraph 2 of Article 43, which stipulates that the formation of the executive body of the partnership and the early termination of its powers or the powers of an individual member of the executive body, as well as making a decision on the transfer of a limited liability partnership or its property to trust management and determining the terms of such transfer fall within the exclusive competence of the general meeting of the partnership's participants, as well as paragraph 3 of Article 51 of the Law (On Limited and Additional Liability Partnerships). The members of the collegial executive body and the sole executive body are elected by the general meeting of participants for a fixed term. term, but not more than five years.
The powers of the sole or collegial executive body of the partnership after the expiration of the term for which they were elected (appointed) are extended for a period until the general meeting of participants makes a corresponding decision, if none of the parties has notified the termination of the employment relationship no later than the last business day before the expiration of the employment contract (paragraph 4 of Article 30 of the Labor Code Republic of Kazakhstan (Term of the employment contract).
Formation of the executive body of the partnership and early termination of its powers
Based on the requirements of Article 50 of the Law (Challenging decisions of bodies of a limited liability partnership) and part one of Article 27 of the CPC (Jurisdiction of civil cases to specialized courts), the claims of partnership participants to challenge decisions of the general meeting on the election and early termination of powers of members of the executive body (collegial or sole) are subject to consideration in specialized interdistrict economic courts in accordance with the provisions of the Civil Code and the Law, as well as the norms of labor legislation, if the participant, being a member of the executive body at the same time, an employment contract has been concluded.
A dispute at the request of a member of the executive body of the partnership (who is not a participant in it, who conducts the affairs of the partnership under an employment contract) regarding the early termination of his powers is subject to consideration in district (city) courts in accordance with the jurisdiction established by Article 26 of the CPC, based on the provisions of the Law and labor legislation.
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