How a foreigner can establish an individual entrepreneurship/LLP? Printable versionLast update: 16.03.2023
Pursuant to Article 6 of the Law "On State Registration of Legal Entities and Registration of Branches and Representative Offices", an application for state registration of a legal entity is submitted to the registration authority in the form established by the Ministry of Justice of the Republic of Kazakhstan with the relevant documents attached.
State registration of legal entities related to medium and large enterprises with foreign participation, with the exception of persons who do not have identification numbers according to the Law of the Republic of Kazakhstan "On National Registers of Identification Numbers" is carried out in accordance with the procedure established for state registration of legal entities of the Republic of Kazakhstan related to medium and large enterprises. Unless otherwise established by international treaties ratified by the Republic of Kazakhstan, additional documents should be submitted:
-a copy of a legalized extract from the commercial register or other legalized document certifying that a founder is a foreign legal entity under the legislation of a foreign state, with a notarized translation into Kazakh and Russian;
-a copy of passport or other identity document of a founder-foreigner with a notarized translation into Kazakh and Russian.
At the same time, a document confirming the payment to the "Government for Citizens" State Corporation for the state registration of a legal entity that is a commercial organization, except for legal entities belonging to small and medium businesses is submitted to the registering authority.
State registration of a legal entity can be carried out based on an electronic application submitted via the Internet, pursuant to the procedure determined by the Ministry of Justice of the Republic of Kazakhstan.
During the state registration of a legal entity belonging to a small and medium business, as well as in the case provided for in part two of Article 6-1 of the Law, an online application for opening of a bank account and for compulsory insurance of an employee against accidents is submitted through the e-Gov Portal (except for cases when the founder (founders) for a legal entity that carries out (carry out) activities without entering into labor relations with individuals in accordance with the requirements established by the Law of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of labor (official) duties" and regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.
During the state registration of a legal entity belonging to a private enterprise, an entity independently determines the category in accordance with the criteria of a private enterprise entity established by the Entrepreneurial Code of the Republic of Kazakhstan and indicates it in the application.
Also, it should be noted that the state registration of a legal entity belonging to a small business is carried out in accordance with the procedure provided for in article 6-1 of the Law.
In addition, note that according to Article 40 of the Law "On Migration of the Population", it is prohibited to foreigners to establish a legal entity, as well as participate in the authorized capital of commercial organizations by joining the legal entities without receiving an entry visa as business immigrants.