Recognition of the state re-registration of a legal entity as invalid
T LLP was established by a citizen of the Republic of Kazakhstan on January 16, 2018. On January 31, 2020, an agreement for the purchase and sale of a share in the authorized capital of T LLP was concluded between seller B. and buyers of G "R" LLC and R "R" LLC, and registration was made with the registration authority. The founders are legal entities of the Russian Federation, the head is a citizen of Ukraine, P., who is not registered as a business immigrant. The Department filed a lawsuit against T LLP and NAO GC Government for Citizens to invalidate the state re-registration, arguing that according to the Berkut UIS database, P. crossed the border of the Republic of Kazakhstan on November 21, 2019, but was temporarily not registered, in addition, the legal entity is absent at the place of residence. location. By the decision of the Council of Economic and Social Council of Almaty dated March 15, 2021, the claim was dismissed. The court found that P. crossed the border of the Republic of Kazakhstan on November 19, 2019. At the same time, she did not apply to the local executive body for registration as a business immigrant and did not receive a temporary residence permit. The list of necessary documents for re-registration is regulated by Articles 6, 6-1 of the Law, the norms of current legislation prohibit the requirement of any documents and information other than those provided for by Law and other legislative acts of the Republic of Kazakhstan, and therefore the court considered that the absence of a temporary residence permit or the absence of registration as a business immigrant cannot be grounds to invalidate the re-registration.
In addition, this is not a re-registration of a legal entity with significant violations of the legislation of the Republic of Kazakhstan, which are irreversible. The court investigated the issue related to the authenticity of the address of a legal entity. As evidence indicating the deliberate provision of false information about the address of a legal entity during re-registration, which excludes the possibility of any connection with this legal entity, as well as the exercise of state control and supervision, the plaintiff submitted a tax survey report, which the court considered to be unreliable evidence, indicating that the procedure for its formation was violated, the tax authority assigned duties the publication of these acts on the Internet resource has not been executed.
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