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14 January 2021

4 steps to proper registration of LLP with foreign participation

4 steps to proper registration of LLP with foreign participation

In the Republic of Kazakhstan, equality of rights is guaranteed between citizens of the Republic of Kazakhstan, foreign citizens and stateless persons. Foreigners register legal entities in the same manner as citizens of the Republic of Kazakhstan.
Step 1 Collection of documents and filing of application. It is necessary to draw up an application in accordance with the form approved by the Ministry of Justice of the Republic of Kazakhstan and submit it to competent authority. Now this authority is the NJSC “Government for Citizens” State Corporation (hereinafter - PSC RoK). For the convenience and saving of time, the government has provided the possibility of online registration of a legal entity that is a small and medium-sized business through the web portal of electronic government on the website. Before such registration, you will need to create an electronic digital signature (EDS) at the Public Service Center of the Republic of Kazakhstan.
Additionally provided:
+ for legal entities: legalized extract from the trade register or other legalized document evidencing that you - the founder are a legal entity under the law of your country. Depending on the country where the business is registered, apostillation or consular legalization of the document is required. This depends on the country’s participation in the Convention abolishing the legalization of foreign official documents. If you are a citizen of the CIS member country, then it is enough to notarize the extract. 
+ for natural entities: copy of the passport or other identity document of the foreign founder, with a notarized translation into Russian and Kazakh.
• if you are a foreign individual, you need to obtain IIN (individual identification number)
if you are a foreign legal entity, you need to obtain BIN (business identification number).
Otherwise, the documents will not be accepted.

Public authority has no right to demand from you other documents, except for those that are expressly provided for in the legislation of the Republic of Kazakhstan. 
Step 2 Obtaining C5 business visa. If you are a foreign individual, then you need a business visa. It is not allowed to establish a legal entity for foreigners who have not received entry visa as business immigrants. This is governed by the Law of the Republic of Kazakhstan “On Migration of Population”. For this document you need to apply to the Ministry of Foreign Affairs of the Republic of Kazakhstan. 
Step 3 Payment for registration. Pay the registration fee and attach a document certifying this fact. But if an LLP is registered, which is a small or medium-sized business, then the registration fee is not paid.
Step 4 Waiting for the response. If the application is filed on paper to the PSC, then registration is made no later than one business day following the day of filing the application. If the registration is made through portal, then within one business hour. As a result, you will receive a certificate of state registration of LLP.

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