Registration, re-registration , reorganization, liquidation of legal entities and individual entrepreneurs

Register of Legal Entities

Registration - the most important step for any entrepreneur and requires special legal skills. For that , to registration of the enterprise took place on time and with the least financial cost is recommended to contact the professionals.  

It is our company will provide all the information you need and will have full legal support in case of: 

the state registration of legal entities of various organizational and legal forms: (Economic partnership, joint stock company, production cooperative, institutions, associations, foundations, consumer society, religious organizations, associations (unions), and others.)

 

This service includes the following procedures: 

·        Receipt of electronic digital signature (for initial registration PSC);

·        Preparation of an individual identification number (AI H) for foreign nationals ;

·        Preparation of business - identification number (BIN) for foreign legal entities;

·         Preparation of the Memorandum (if composed of two or more of the founder)

·         Minutes of the meeting of founders Drawing / founder Solution

·        The development of the Charter of the legal entity in the state and Russian languages;

·        Notarization of the Charter of the legal entity;

·        Registration in the Department of Justice;

·        Payment of state fees;

·         Assistance with the manufacture of printing .

 

Re-registration of legal entities

 

This service includes the following procedures: 

·        Introduction of amendments and additions to the constituent documents;

·         Preparation of the Memorandum (if composed of two or more of the founder)

·         Minutes of the meeting Drawing participants / participant Solution

·        Notarization of the Charter of the legal entity;

·        Re-registration in the Department of Justice;

·         Payment of state fees .

 

Branches and representative offices of legal entities

 

1)   A branch is a separate subdivision of a legal entity located outside of its location and performing all or part of its functions, including the function of representation.

2)    Representation is a separate division of a legal entity located outside of its location and carrying out protection and representation of the interests of the legal person who commits on behalf of the transaction and other legal action, except in cases stipulated by legislative acts of the Republic of Kazakhstan.

3)   Branches and representative offices are not legal entities. They are endowed with property of legal entity and act on the basis of the approved bylaws.

( Article 43 of the Civil Code of the Republic of Kazakhstan)

Registration of branches and representative offices includes checking compliance documents submitted by the accounting registration, legislative acts of the Republic of Kazakhstan, the issuance of their certificate of registration with assignment of business - identification number, entering information on branches and representative offices in the National Register of business - identification numbers.

This service includes the following procedures: 

·         Making decisions about the participant to open a branch (representative office);

·        Development of Regulations on the branch (representative office) in the state and Russian languages;

·        Registration with the justice bodies;

·        Payment of state fees;

·        Assistance for the manufacture of printing.

 

Bankruptcy, reorganization, liquidation

The reorganization of the legal entity (merger, joining, division, separation, transformation), by decision of the owner of the property or the authorized body of the owner, the founders (participants), as well as by the decision of the body authorized by the legal entity documents, or by a decision of the judiciary in cases stipulated by the legislation.

Types of reorganization of legal entities

If we talk about ways of reorganization of legal entities, the current civil legislation of the Republic of Kazakhstan has more than one:

·        Reorganization of legal entities by the merger of several companies into one new;

·        Reorganization of the legal entity through a merger with another entity;

·        Reorganization of legal entities by the division of the legal entity; 

·        Reorganization of legal entities by separation from the legal entity of one or more legal entities; 

·        The change of the legal form of legal entity.

 

Regardless of the method of reorganization of a legal entity, this procedure is a complex process that includes such legal facts, as the decision of the founder (s) of the reorganization, the registration of the newly created legal entity , drafting of documents to determine the succession of the volume and the transfer of property, and also perform other legal actions. 

Liquidation of a legal entity - a legal entity cease to exist by making the appropriate entry in the Unified State Register of Legal Entities. Liquidation of a legal entity shall entail the loss of their civil capacity. 

This service includes the following treatments *:

·        Notification of judicial authorities of the decision to liquidate the legal entity;

·        The appointment of the liquidation commission and terms of liquidation of the legal entity;

·        Publication in the official publications of the central organ of Justice information about the impending liquidation of the legal entity;

·        Preparation of the interim balance sheet of the legal entity;

·        Holding money payment procedure the creditors of the legal person;

·        Drawing up of the liquidation balance after payments to creditors of the legal person;

·        Completion of the liquidation of the legal entity by entering this information in the National Register of business - identification number;

·         Destruction of the press .

* If necessary, is carried out to protect the interests of the liquidated legal entity in judicial authorities, when applying the creditors to the court with claims of debt collection from the liquidated legal entity - a separate agreement with the client.

Debt collection

 

If you have unsettled overdue claims of the creditors have the right to sue in court to recover the debt. The claims must be confirmed by the contract (agreement), receipt or other written evidence certifying the transfer of the debtor to the creditor a certain amount or a certain number of things. This legislation does not allow for a challenging debt by evidence, except in cases when the agreement was concluded under the influence of fraud, violence, threats, malicious agreement of the representatives of the parties or by exceptional circumstances.

 

Disputes can be settled out of court, a mediation, court.

 

Pre-trial settlement of the problem is possible if the debtor debt and the signing of the debt repayment schedule, possible variations to resolve the situation, for example, assignment of new debt (solvency) of the debtor to the creditor's consent.

 

Mediation - this alternative form of dispute resolution involving a third neutral, impartial, not an interested party in this conflict - the mediator.

 

Advantages of mediation are:

- The confidentiality of the mediation procedure;

- Matters dealt with the involvement of mediators, and not by recourse to the courts, save a lot of time and money to the conflicting parties;

- Guided by the interests of the disputing parties, the persecution of the goal to reconcile the parties and to all parties to find an acceptable way to resolve the conflict.

 

A court settlement may take up to two months when considered in the first instance. Actions prior to the issuance of the judgment are as follows: preparation of claim application, filing a petition to court, consideration of the application and adjudication. The positive outcome of the case depends on a legally correct preparation of receipts or loan agreement (Agreement for the supply / provision of services or performance of work), there is a real debt and the ideal scenario - the recognition of the debt by the debtor.

The statute of limitations on debt collection is three years from the date when the claimant learned of the violation of their legitimate rights and interests, that is, from the moment that the debtor had to meet its obligations, but not executed. (Article 178 of the Civil Code of the Republic of Kazakhstan).

 

Services rendered in what time frame?

 

Preparation and submission of a claim to recover the debt subject to the availability of necessary documents takes from 1 to 5 business days from the date of conclusion of the contract for provision of services and to make a down payment. Participation in carried out throughout the process until a judicial act.

 

What's in the package?

 

- Risk Analysis bad debt;

- Preparation of claims against the debtor by way of pre-trial settlement of the dispute (mandatory legal requirement);

- Preparation of the application and supply it to the court;

- Representation in court on the issue of debt collection.

 

What is the cost of the service?

 

The cost of legal services is determined individually in each case, approximately 10% of the amount of the claim, but not less than 120 000 tenge and can be changed depending on the complexity of the case, the amount of the claim, the number of courts, which will be submitted to the client's interests, jurisdiction and the place of jurisdiction, partial provision of services (for example, only the preparation of legal documents).

Real Estate Registration, legalization of buildings, and legal support for transactions

Real Estate Registration, legalization of buildings

·        Support of transactions for the sale / purchase of shares in the authorized capital of a legal entity, exit clearance from the founders, etc .;

·        Full legal support of transactions for the sale / purchase of real estate (buildings, apartments, residential and non-residential buildings, parking lots, property complexes, suburban buildings, land, etc..), Participate in the negotiations;

·        Verification of registration of real estate rights and encumbrances;

·        Changing the purpose of land section of land and other real estate;

·        Project development agreements and contracts (purchase and sale, exchange, donation, lease, asset management), preliminary contracts of deposit, pledge agreements;

·        Support assessment of the transaction object;

·        Maintenance of the technical examination of the object of the transaction;

·        Manufacture of technical passport;

·        Check the current changes at the facility;

·        Maintenance of the transaction at the notary;

·        Legal support of the deal registration, transfer of ownership of real estate;

·        Challenging real estate transactions, including through the courts;

·        Conclusion of construction contracts and the resolution of disputes arising from them.

 

Putting into operation of real estate

 

·        Counseling and legal support redevelopment in flats, houses, commissioning constructed and reconstructed buildings, preparation and implementation of architectural and planning tasks;

·        Representation of the authorized body in obtaining permits for putting into operation of real estate;

·        Determination of the conditions of possible legalization of unauthorized constructions;

·        Manufacturing support, coordination and project review;

·        Obtaining approvals and building permits;

·        Registration of ownership of the reconstructed objects commissioned.

Examination of contracts

This set of actions aimed at understanding and legal assessment of the agreement in terms of its compliance with the current legislation and the interests of the customer.

This service includes the following:

·        Study of the contract to its compliance with the current legislation (check that it contains all the necessary provisions by law, a clear indication of the timing of the parties of their obligations, and so on. D.).

·        Participation in the negotiations and official correspondence with the counterparty on the conditions of the contract changes.

·        Drawing up the protocol of disagreements to the submitted agreement and approval of these differences.

Protection of copyright and related rights, intellectual property

Trademarks, Service Marks and Appellations of Origin

 

This service includes the following procedures: 

·        Preparation of documentation for the registration of trademarks, service marks and appellations of origin;

·        Dispatch applications for trademark registration;

·        Interaction with the authorized body in the process of examination of the application;

·        Receipt of the decision to accept applications for the registration of a trademark;

·        Receipt of the decision on registration of the trademark;

·        The extension of the trademark;

·        Advice on the procedure, conditions, timing and cost of trademark registration;

·        Verification of the possibility of registration of the trademark;

·        Resolution of issues related to the use and legal protection of trademarks;

·        Registration of contracts of assignment of trademarks and licensing agreements.

 

Copyright

·        Registration of copyright and related rights;

·        Representing the interests of right holders for the commercial use of copyright;

·    Development and legal examination of copyright agreements, publishing agreements, agreements on the transfer of property rights of copyright, support of transactions in the field of copyright and related rights, the coordination of the parties;

·    Representation of interests for the protection of copyright and related rights, including disputes regarding counterfeit products in court, state authorities and other organizations;

·        Legal assistance in the preparation of materials and submitting applications for intellectual property rights.

Representation in courts and public bodies

Representation in court - this is a legal opportunity to defend and protect your rights! An experienced lawyer will use all possibilities provided for effective protection of the interests of the client on the basis of legislation.

Our lawyers provide services representation in court in the following cases:

·         Failure to comply with contractual obligations ;

·        Debt collection;

·        Recognition of transactions void;

·        Divorce process, division of property, alimony;

·         Labor disputes ;

·        Housing and land disputes;

·        Violation of the rights of consumers;

·        Cases of bankruptcy (insolvency) companies;

·         Administrative disputes ;

·        Compensation for material damage, compensation for moral damages and others.

This service includes the following procedures: 

·        Counseling and possible pre-trial resolution of the dispute;

·        Assessment of the conflict situation by promising to protect the client's interests, the search for the most effective ways to protect;

·        Analysis of the possible protection of customer results, the selection of the optimum protection objectives (based on the possible outcomes of dispute resolution);

·        Pre-trial settlement of disputes: negotiation, drafting claims and correspondence with the counterparty, the search for the best options for conflict resolution; 

·        The gathering of evidence (documents and certificates to protect the interests of the client);

·        Preparation of documents for the litigation, drafting of the statement of claim and submission to the court; preparation and filing of the petition or complaint, depending on the form, which requires a particular type of business;

·        Familiarization with the case materials provided;

·        Participation and representation in litigation (in all instances);

·         Maintenance of the executive production .

Family Law

 

The marriage contract

 

·        Consultation about conditions of detention, changes, termination (termination) and the challenge of the marriage contract;

·        Development of the treaty text to the notary registration of the marriage contract;

·        Representation of interests of the parties in the notary's offices and courts;

·        Challenging the conditions of the marriage contract and the recognition of a marriage contract null and void;

·        Implementation of section marital property in pre-trial and court subject to the conditions of the marriage contract.

 

Dissolution of marriage .

 

·        Advice and representation on the issue of divorce in the registry offices and in court;

·        Drawing up a statement of claim for divorce, division of property, alimony;

·        Annulment of the marriage in court.

 

Property division:

 

voluntary division of property;

·        Advice on family law;

·        Preparation of applications for the notarization of the text;

·        Drawing up a general agreement on division of property of the spouses and notarization;

·        Registration of property rights in the authorized bodies.

 

compulsory section of the property ;

·        Advice on family law;

·         Preparation of the claim application ;

·         Representation of interests in court ;

·        Registration of property rights in the authorized bodies.

 

Child support , alimony agreement

·        Advice on the conditions and procedure for the appointment, calculation and payment of alimony;

·         Voluntary settlement payment of alimony ;

·        Drafting, notarization and registration of agreements on the payment of alimony;

·        Support of other property as payment of child support;

·        Recovery of maintenance in the courts for the children, ex-spouses and parents;

·        Control over the spending of alimony;

·        Changes in the size of the alimony exacted considering material or marital status of the parties and other relevant circumstances;

·        To prosecute defaulters alimony.

 

Contract surrogacy

 

Surrogacy involves gestation and birth of a child, including preterm labor cases, by agreement between the surrogate mother and the potential parents with fee or without it. Regulates the relations between the surrogate mother and the future parents Treaty surrogacy, which is an agreement between people who want to have a child and a woman, which gave its consent to the use of the method of implantation of artificial insemination or embryo implantation. 
  

         

This service includes the following procedures: 

·         Consultation ;

·        Drawing up a contract of surrogate motherhood;

·         Maintenance of the notarial registration of the contract .

 

Adoption, guardianship or trusteeship

 

Adoption

·        Representation in cases of adoption of a child in the custody and guardianship bodies, courts, civil registry offices;

·        Recognition of adoption void, cancellation of adoption.

·         The establishment of guardianship or trusteeship

·        Cooperation with the guardianship authorities;

·        Support and assistance in the preparation, gathering of necessary documents;

·        Representation in courts, bodies of guardianship and trusteeship, local executive bodies and other organs.

 

Protection of parental rights

We provide advice, representation in the following cases:

·        Establish paternity voluntarily and court procedures;

·        Contesting paternity (maternity);

·        The preparation and execution of the notary agreement on the exercise of parental rights of the parent living apart from the child;

·        Questions about the need for the consent of a parent to leave the child in the temporary or permanent residence abroad;

·        The names change, name, patronymic of the child;

·        Allowances and child benefits;

·        Participation in the affairs of deprivation, restriction of parental rights;

·        Restoration of parental rights;

·        Definition of the termination conditions of parental responsibility for the child;

·        Representation in the bodies of trusteeship and guardianship.

law of succession

Inheritance - a transition property of the deceased individual (the deceased) to another person (s) - the heir (heirs) .

If you need to arrange their inheritance rights, or on the contrary you want to issue the waiver of inheritance, our lawyers can help you avoid unnecessary walking on different instances, red tape in the processing of the necessary documents, the loss of your time.

 

Services in registration of inheritance include:

·        Consultation;

·      Collect the necessary documents for the acceptance of the inheritance, the restoration of the lost documents and their registration in the competent state bodies (duplicate);

·      Representation in notary offices, Chamber of Notaries, in courts, registry offices, in the state archives, the Department of Justice and other organs;

·        Renewal of the terms for acceptance or refusal of an inheritance through the courts;

·        The finding related / marital relations of the testator and heirs;

·         The appointment of trustee control inheritance ;

·      Registration of the moral rights of the deceased: the registration of ownership rights of the testator, the right of commissioning of buildings, the right to apply to the competent authorities for obtaining a duplicate title and other documents;

·        Transfer of the right to accept the inheritance (hereditary transmission);

·        Recognition of wills, certificates of inheritance null and void;

·        Inheritance division between heirs according to the agreement, the inheritance section of the court.

Labor and Employment Law

 

The objective of the labor legislation of the Republic of Kazakhstan is the legal regulation of labor relations and other relations directly connected with labor, aimed at protecting the rights and interests of the parties to labor relations, the establishment of minimum guarantees of rights and freedoms in the workplace. (para. 1, Art. 3 of the Labour Code of the Republic of Kazakhstan).

In our time, labor relations are often subject to controversy.

 

In order to avoid violations of labor rights, our lawyers are ready to provide you with the following services:

·        Development of employment contracts in accordance with the labor legislation, including for certain categories of workers;

·        The development of forms of internal documents of the employer in accordance with the legislation in the field of labor and labor protection;

·        Developing staffing, work rules, job descriptions;

·        Development of agreements between the parties of social partnership, collective bargaining, the employer acts in the sphere of labor;

·        Consultation on labor law and labor protection;

·        Representing the interests of workers and employers in labor disputes, including in the courts.

 

Tax law

 

The current tax legislation is subject to constant change and does not provide definitive answers to many questions, which is a risk to the financial performance of companies. Tax planning issues are relevant at any stage of the business. The purpose of service in this area is to assist the client in a significant reduction in the tax burden legally permitted ways.

Our company provides a range of legal services in the field of tax law, allowing to solve existing and potential tax problems resolve entities (individual entrepreneurs):

 

·        Application for registration as an individual entrepreneur, submission of tax reporting, SP;

·        Consultation on the choice of tax regime for the individual entrepreneur (patent / easy / generally established);

·    Advice on the calculation and payment of taxes and other obligatory payments to the budget, as well as other obligations of the taxpayer, provided by tax legislation;

·        Representation of interests of the taxpayer during inspections by tax authorities;

·        Legal services for compensation, refund of overpayment of taxes, including VAT;

·        Assessment of tax risks and recommendations when making civil transactions;

·        Tax disputes related to the appeal of non-normative acts (decisions, decisions), acts and omissions of the tax authorities;

·        Representation in courts;

·        Assisting in the execution of court judgments in favor of the taxpayer.

 

 

Registration of the Republic of Kazakhstan citizenship, out of the Republic of Kazakhstan citizenship, residence of Kazakhstan, leaving for permanent residence, permission to IRS

 

Making the citizenship of the Republic of Kazakhstan

 

·        Consultation on the definition of the grounds and the possibility of registration of citizenship of the Republic of Kazakhstan.

·        Establishment of procedures for registration of citizenship (normal or simplified).

·        Preparation and submission of documents for registration of citizenship of the Republic of Kazakhstan.

Our company also provides legal assistance in the design of departure for permanent residence (permanent residence) in other countries, and when you make a change of nationality.

 

Obtaining a residence permit in the Republic of Kazakhstan

·        Advising on the conditions, the order and timing of foreign citizens and stateless persons for permanent residence permit and a residence permit in the Republic of Kazakhstan.

·        Advice on all matters relating to the status of foreign nationals residing in the territory of the Republic of Kazakhstan. 

·        The collection and processing of documents for obtaining a permit and a residence permit.

 

Permits for attracting foreign labor force and employment of foreigners

·        Advising on labor regulation of foreigners in the Republic of Kazakhstan.

·        Preparation of documents, and the organization of permits for foreign workers and work permits for foreign nationals.

·        Definition of the categories of foreigners and stateless persons, which do not require a permit to attract foreign labor.

·        Extension of permits for foreign labor.

·        Renewal of a permit for another employee.

·        Registration of labor relations with foreign employees.

·        Definition of the conditions under which not subject to the requirements of the compliance ratio of local content in frames.

 

Apostille , legalization of documents

 

There are two main types of document legalization - the stamp " Apostille " and consular legalization. Choosing the type of legalization in each case depends on the country of destination of the document, ie, country authorities which it will subsequently be submitted.  

 

Stamping " Apostille " 

(this procedure is sometimes called "simplified legalization" or " apostille ") is used to send the document to the countries which have acceded to the Hague Convention of 5 October 1961 abolishing the requirement of consular legalization and introducing a simplified procedure of legalization - the stamp " Apostille ".   

If the country to which you are preparing a document, not a party to the Hague Convention, consular legalization is necessary.

Legalization of a document - is committing a series of specific formalities to make the document legal force in the territory of another state. The ultimate goal of the procedure of legalization of the document issued in the territory of one state is the possibility of its submission to the authorities of another state.    

Legalization of a document needed almost always when it is necessary to submit to the authorities of another state. This means that the document is issued, for example, in Kazakhstan, is legally binding only on the territory of the Republic of Kazakhstan, where it can be fully used, but its representation in the authorities of another country require legalization.  

Exceptions to this rule are a few types of documents that can not be legalized, as well as some countries with which Kazakhstan has concluded a bilateral agreement abolishing the requirement of legalization. 

 

Our company provides the following services:

·   Advising on the legalization and apostille of documents;

·   Deposit and obtaining legalization of documents ( Apostille );

· Representation in state bodies, carrying out the legalization, affixing an apostille : Department of Justice of Almaty, the General Prosecutor's Office of the Republic of Kazakhstan, the Ministry of Education, Embassies and other organs;

·   If necessary, we provide document translation into a foreign language and its notarization (the service is paid for separately).