Registration of company in Kazakhstan
MAIN LAWS ON COMPANY REGISTRATION IN KAZAKHSTAN:
Civil Code of the Republic of Kazakhstan (December 27, 1994), the Law of the Republic of Kazakhstan “On Limited Liability Companies” (April 22, 1998), the Law “On Private Entrepreneurship” (January 31, 2006).
MAIN BUSINESS LEGAL STRUCTURES IN KAZAKHSTAN:
- Limited Liability Company (LLC).
- JSC (Joint-Stock Company).
- Representative Office and Branch.
Our legal experts render the services of registration of all forms of business in Kazakhstan with the participation of both residents and non-residents.
To choose the best form of business presence in Kazakhstan, you can order us to draw up a comparative legal report, in which we analyze pros and cons of a certain form of business presence in the territory of Kazakhstan.
NAME OF AN LLC IN KAZAKHSTAN:
After choosing the desired form of business in Kazakhstan, you have to select several variants of a name.
In Kazakhstan, name of a legal entity is checked, because it must be unique and not similar to other names.
You can be denied registration of an LLC even if there is no such name in the base of legal entities, but it is alike with a name of another company to the extent of confusion.
Legal entities with foreign participation, when using names in foreign languages, must use transliteration in the national language and in Russian.
Legal entities, representative offices/branches have a right to use such words as “Kazakhstan”, “Astana”, “Almaty” and their abridged versions in their names. The law of Kazakhstan allows to freely use those in the names of the newly created or renamed entities.
MINIMUM AUTHORIZED CAPITAL OF AN LLC:
A minimum authorized capital of an LLC is 100 tenges. However, we recommend to make an authorized capital bigger, as, after registration of a company, there are always various expenses (payment for Internet Banking system, payment of duties for participation in tenders and other possible costs).
MAIN SERVICES OF REGISTRATION OF AN LLC IN KAZAKHSTAN:
- Preparation of constituent documents of an LLC;
- Registration of a company in registration authorities;
- Ordering and receiving of a seal;
- Registration of data of the companies in extra-budgetary funds;
- Opening of current accounts in Kazakhstan and abroad.
In addition, before opening of a company in Kazakhstan, one may need to obtain BIN (business identification number – for legal entities) or IIN (Individual ID number – for individuals).
BACKGROUND DATA REQUIRED FOR REGISTRATION OF AN LLC IN KAZAKHSTAN*:
- Company name;
- Registered address (can be provided by us);
- Participant’s data (name, citizenship, passport/company’s constituent documents, tax identification number);
- Amount of the authorized capital;
- Kinds of activities;
- Chosen bank in Kazakhstan and kinds of accounts to be opened therewith;
- Selection of the taxation system (common, simplified);
- Other documents and data at the request of the experts of ALPS & CHASE depending on the nature of business.*
*All of the documents must be provided in advance, so we have time to translate them into Kazakh.
All provided documents must be notarized and legalized in Lithuanian Embassy of a participant’s (shareholder’s) country or apostilled according to Hague Convention of 1961 by the relevant authorities after notarization.
For the participants from CIS countries (Russia, Belarus, Uzbekistan, Tajikistan, Armenia, Ukraine, Kyrgyzstan, Moldova, Turkmenistan, Azerbaijan, and Georgia), no apostilization or legalization of the documents is required according to the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases (dated January 23, 1993) (note – depending on the kind of legal actions, there can be some exceptions in the document apostilization rules).
PRESENCE OF THE PARTICIPANTS DURING REGISTRATION OF A COMPANY:
We can perform the registration of a company in Kazakhstan without your presence (under a power of attorney).
For foreign founders, who are individuals, there will be a need to obtain a Type 5 Visa “Investor”.
TERM OF REGISTRATION OF AN LLC IN KAZAKHSTAN:
Depending on the type of a founder and a created business entity, we will need 1-3 business days from the time of submission to the authorities of Kazakhstan to register a company for you. Sometimes, registration systems in Kazakhstan freeze up and the term can be extended. Opening of a bank account usually takes around 2 business days.
Note that, for foreign founders, we need time to translate the documents, obtain a IIN and ECD (for individual founders), BIN (for founders that are legal entities).
APPOINTMENT OF A DIRECTOR GENERAL IN KAZAKHSTAN
You can appoint either a Kazakh citizen or a foreign citizen to a position of a Director General.
For foreign citizens you need to have a work permit, except for the citizens of EAEU.
If there are complications with the obtaining of a work permit, you can use our services of temporary directors.
The presence of a Director General in Kazakhstan is often necessary to sign the documents, interact with the tax and customs authorities.
Our directors are capable of performing all administrative tasks. The main requirement to use this service is a complete legality and transparency of a client’s business.
OTHER SERVICES IN THE AREA OF REGISTRATION OF A BUSINESS PRESENCE IN KAZAKHSTAN:
- Registration of a representative office or a branch in Kazakhstan
- Registration of a permanent establishment in Kazakhstan
- Registration of a JSC in Kazakhstan