The state registration of rights to immovable property was unreasonably refused by the defendant.
No.6001-22-00-6ap/2069 dated 04/04/2023
Plaintiff: Company "Sh"
Defendant: NAO "GC "Government for Citizens"
The subject of the dispute: contesting an administrative act, inaction, and coercion
Review of the defendant's cassation complaint
PLOT:
The company owns an office space and a boiler house, as well as a land plot of 0.204 hectares.
On 11/25/2021, the plaintiff filed an application to the District Department for Registration and Land Cadastre of the NAO branch in the region for registration of the right to an office space and a boiler room building.
On 01/27/2022, an application was submitted for registration of the right to a land plot.
By Notifications No. 1222 and No.4322 dated 11/30/2021, the plaintiff was denied state registration of the office space and boiler house building on the grounds of non-compliance with the requirements of subparagraphs 1, 2, 3 of paragraph 1 of Article 31 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property" (hereinafter referred to as the Law).
By Notification No..6677 dated 02/01/2022, the state registration of the right to a land plot was refused on the grounds of non-compliance with the requirement of subparagraph 1 of paragraph 1 of Article 31 of the Law.
The plaintiff appealed the specified notices of the Department to the branch of the NAO.
According to the response dated 03/16/2022, the branch agreed with the plaintiff's arguments regarding the compliance of the Facility's Acceptance Certificate with the approved form.
Judicial acts:
1st instance: the claim is partially satisfied. The disputed notices of refusal of state registration of real estate have been cancelled. The court ordered the respondent to register the office space, boiler room and land plot. The rest of the claim was denied.
Appeal: the decision remains unchanged.
Cassation: judicial acts are upheld.
Conclusions:
The company carries out its activities in the territory of the Republic of Kazakhstan through a branch, which, according to the legislation of Kazakhstan, has been assigned a business identification number (BIN). Based on the power of attorney, the Company authorized U.S. to represent his interests in the process of registration of rights to the specified immovable property.
The BIN is a mandatory requirement when applying for registration, while the BIN is formed for non-resident legal entities operating in the Republic of Kazakhstan through branches, simultaneously with their registration.
In satisfying the claim, the local courts came to a reasonable conclusion that the parent Company is registered and located abroad, and a branch is registered and operates in the Republic of Kazakhstan, which has a name and which has the right to act on behalf of and in the interests of a legal entity, including the registration of real estate for a legal entity.
Thus, the defendant's arguments about the need to have a BIN not only in the Republic of Kazakhstan, but also in the parent legal entity, are not based on the law. The objects of taxation in the form of immovable property are located in the Republic of Kazakhstan, where there is a separate subdivision of a foreign legal entity in the form of a branch.
The refusal of state registration of rights to other immovable property objects is not based on the rules of Article 31 of the Law of the Republic of Kazakhstan "State registration of rights to immovable property".
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