On the Compulsory Liquidation of a Legal Entity
The claims were lawfully granted pursuant to subparagraph 3) of paragraph 2 of Article 49 of the Civil Code of the Republic of Kazakhstan, due to the absence of the legal entity and its management bodies at their registered location.
For example, the Prosecutor of the Ulan District of East Kazakhstan Region filed a claim with the court, in the interests of the State, against the “O” Property Owners’ Cooperative (PCSK) seeking the compulsory liquidation of the legal entity. During the court hearing, the court established that I., the sole founder and head of the absent legal entity, the “O” PCSK, had died on 14 March 2011.
This fact was confirmed by Death Record No. 20-162-11-0000355 dated 21 April 2011.
On similar grounds, the Specialized Interdistrict Economic Court of North Kazakhstan Region granted claims filed by the tax authorities and liquidated the inactive limited liability partnerships “N”, “L”, “T”, “I”, “Sh” and “S”. These entities were absent from their registered addresses, had no assets, creditors or tax arrears, and had failed to submit corporate income tax returns for an extended period. Their director and sole founder were one and the same person, who had died. According to an information certificate issued by the Notarial Chamber of North Kazakhstan Region, no inheritance proceedings had been initiated following his death, and no will existed.
The responsibility for liquidating the aforementioned legal entities was assigned to the tax authorities.
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