Построение бизнесав Алматы

According to the Article 34 of the Civil   of the  , the business

in Kazakhstan is conducted through legal entities of various forms of

incorporation. The place for the legal entity among the companies with

the foreign participation should be specifically determined, whether it is

a joint venture (JV) or a foreign enterprise. It is often that JV represents

enterprises established by several entities, irrespective of their country of

origin. For enterprises with foreign participation, being the JV or ‘‘foreign

enterprise’’ characterise only the participation of foreign capital, but not

their organizational and legal form. In practice, companies with foreign

participation are established in the Republic of Kazakhstan or in the form of a

limited liability partnership, or as a joint-stock company.

Limited Liability Partnership (LLP)

LLP is a partnership established by one or more persons/entities, the charter

capital of which is divided into shares determined by constituent documents.

LLP participants are not liable for its obligations and bear the risk of

losses associated with the activities of the partnership to the extent of their

contributions, except for the cases stipulated by legislative acts of the  .

Joint Stock Company (JSC)

JSC is a legal entity that issues shares to raise funds for its activities. JSC

has property separate from the property of its shareholders, and is not liable

for their obligations. JSC is liable for its own obligations to the extent of its

property. JSC shareholders are not liable for JSC’s obligations and bear the

risk of losses associated with its activities, to the extent of shares owned by

them, except for the cases stipulated by legislative acts of the  .

Branches and representative offices

Branches and representative offices are not legal entities. They are endowed

with property of the legal entity and act on the basis of approved by laws.

A branch is a separate subdivision of a legal entity located outside of the

legal entity’s location and performing all or part of the legal entity’s functions,

including the function of representation.

A representative office is a separate subdivision of a legal entity located

outside of the legal entity’s location, which represents and protects interests

of the legal entity, enters on behalf of the legal entity into transaction and

performs other legal actions, except for the cases stipulated by legislative

acts of the  .

 

REGISTRATION OF LEGAL ENTITIES

According to Article 42 of the Civil   of the   the legal entity is subject

to mandatory public registration in the judicial authorities and is considered

as established from the moment of its obtaining.

Submittal of application and other documents

Details:

www.egov.kz

Unlike the legal entities established by Kazakhstani shareholders only, while

registering, the legal entities with foreign participation are required to provide

additional documents confirming the legal status of their foreign founders

and their capacity to pay:

• a legalized extract from the trade register or other legalized document

certifying that the founder – a foreign legal entity – is a legal entity under

the laws of a foreign country, with a notarized translation into Kazakh and

Russian languages;

• a copy of the passport or other identity document of the founder –

foreigner, with a notarized translation into Kazakh and Russian languages;

• a receipt or a document confirming the payment of the public registration

fee to the budget.

 

OPENING A BANK ACCOUNT

A company which has obtained the public registration has the right to open

a bank account. Investors have the right to open bank accounts in the banks

on the territory of the   in national and (or) foreign currency in accordance

with banking and currency laws. Branches and representative offices have the

right to work through foreign accounts.

 

 

PROTECTION OF INTELLECTUAL PROPERTY

 

In the Global Competitiveness Index on the indicator ‘‘Protection of

intellectual property rights’’ since 2011 Kazakhstan improved its rating by 42

points, getting up from 116th to 74th place and surpassing countries such as

Spain, Brazil, Russia and Georgia.

 

NATIONAL LEGISLATION RELATED TO THE INTELLECTUAL PROPERTY

According to Article 125 of the Civil   of the   an intellectual

property is the exclusive right of a citizen or legal entity for the results of

his/her/its intellectual creative activity and equated to this the means of

identification of legal entity’s brand, private individuals or private entity’s

products, performed work or services (trade name, trademark, service

marks etc.). Using the results of creative intellectual activity and means

of identification can be carried out by third parties only with the consent

of the owner.

The objects of intellectual property are the copyright, related rights, the

right to a trademark, the service mark, the right to use the appellation of

origin of goods, the patent law.

The objects of intellectual property are the objects protected by the

following laws:

 

1. Copyright and related rights law

According to the law the duration of copyright is throughout the author’s

life and 70 years after his/her death. The state registration of copyright is

required for the works protected by copyright.

For more details visit:

www.adilet.zan.kz/rus/

docs/Z960000006_

 

2. The Patent Law of the

This law regulates the granting of patents for inventions, industrial designs

and utility models. Patent for inventions validity period from the date of

application is 20 years with the possibility to extend for up to 5 years, patent

for industrial designs validity period is 15 years with the possibility to extend

for up to 5 years.

Details: Receipt of a patent

www.adilet.zan.kz/rus/ Details:

docs/Z990000427_ www.egov.kz

 

3. The Law of the   “On protection of selection achievements”

A selection achievement is – a new plant variety, a new breed of the animal,

which granted a patent. Patent validity period from the date of application is

25 years with the possibility to extend for up to 10 years.

For more details visit:

www.adilet.zan.kz/rus/

docs/Z990000422_

 

4. The Law of the   ‘‘On Trademarks, Service Marks and

Appellations of Origin’’

According to this law the following items are subject to registration:

– a trademark, the registration shall be valid for 10 years from the application

date and shall be renewable each time for 10 years at the owner’s request.

– an appellation of origin of a good, the registration shall be valid perpetually,

subject to maintaining special properties of a product produced on the

territory of the geographical area specified.

For more details visit:

www.adilet.zan.kz/rus/

docs/Z990000456_

 

5. The Law of the   ‘‘On legal protection of topographies of

integrated circuits’’

The legal protection provided by the law applies only to the original topology.

For more details visit:

www.adilet.zan.kz/rus/

docs/Z010000217_