According to Civil Code of the RK, a transaction shall only be deemed completed after it has been registered, i.e. a transaction for real estate executed in notary office but not registered in «State-owned corporation «Government for citizens» NJSC, shall not be valid.
Documents to be submitted for registration of title to real estate and transactions therewith:
- Application for state registration of rights (encumbrances of rights) to immovable property in accordance with Appendix 1 and (or) 2 to these Rules.
In case of state registration of the emergence, change or termination of the right of common joint property, an application for registration may be submitted by all participants or by one of them with the consent of the other participants, certified by a notary.
When state registration of the emergence, change, or termination of the right of shared ownership (other common rights), an application for state registration must be submitted by all participants (authorized representatives).
- Title document confirming the object of registration.
In case of registration of the right (encumbrance) to a land plot, an identification document for the land plot is submitted.
In case of assignment of rights (claims) under real estate pledge agreements, an agreement on assignment of rights (claims) is submitted (an agreement on simultaneous transfer of assets and liabilities);
- Document confirming payment for state registration of rights to real estate.
In cases where rights (encumbrances of rights) arise on the basis of a contract or other transaction in the absence of their notarization, the application must be submitted in accordance with the established procedure by all participants in the transaction.
An application for registration of the occurrence and modification of a pledge provided as security for a Bank loan agreement is submitted by the pledgor and (or) the pledgee. If the application is submitted by the pledgee, the notarized consent of the pledger to such registration is required.
In case of assignment of rights (claims) under real estate pledge agreements, an application for registration of the occurrence and modification of the pledge is submitted by the pledgee to whom the rights (claims) have been assigned, without the consent of the pledger for such registration.
If there is a prenuptial agreement, this agreement is submitted in two copies, one of which is the original or a notarized copy.
For registration of the rights of the other spouse, which is not contained in the title document, the applicant marriageable age in accordance with the Code of the Republic of Kazakhstan "On marriage (matrimony) and family", in the application for registration must indicate the absence of a condition in a marriage relationship or information on your spouse with a copy of the document confirming the existence of a marital relationship.
When changing the surname, first name, patronymic, date of birth of an individual or name, registration number of a legal entity, an application for registration of changes is submitted by the copyright holder to whom such changes relate.
Electronic registration is carried out without a statement of the parties to the transaction.
State registration of rights to real estate (encumbrances of such rights) is carried out within three working days from the date of receipt of the application to the registration authority. Electronic registration is carried out not later than one working day following the day of receipt in the information system of the legal cadastre of confirmation of payment for state registration of rights to real estate or exemption from payment.
Legal entities, in addition to the above documents, shall also submit constitutive documents. Applicant shall submit minutes/abstracts of meetings of shareholders (general meeting, meetings of Board of Directors and Board of Shareholders) for buying or selling real estate items in cases contemplated by legislation of the Republic of Kazakhstan or by constitutive documents.
Foreign legal entities shall submit legalized abstract from trade register or another legalized document confirming that the foreign legal entity is such legal entity in accordance with laws of the foreign state, with notarized translation to Kazakh and Russian, and any other documents provided for by applicable laws.
In case if the registration application contains the data that cumulative balance cost of acquire or selling assets exceeding the rates established by antimonopoly legislation of the Republic of Kazakhstan, so the previous agreement of antimonopoly agency is submitting.
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