How foreign citizen or foreign company can establish a company in Kazakhstan.
The legislation of the Republic of Kazakhstan provision different forms of companies. However, in this article we consider the form - limited liability of partnership (further - LLP), where shareholder(s) are liable for LLP’s obligations by its the property, which shareholder put into the company only. It means limited liability.
If you are foreigner you need the following for registration of the company:
1) PNT (further - IIN) - personal number of taxpayer. Based on application and copy of passport (should be translated into Kazakh, Russian languages and further notarized) the IIN issues by tax state body within three workdays. Additionally, copy of the passport with appropriate translations will be needed within further LLPs registration at the Justice state body.
Practice shows that foreigner may not come to Kazakhstan if he wants to get IIN. Such procedure may be organized based on power of attorney.
2) PGS - personal digital signature. Kazakhstan has e-government system for registration legal entities. Therefore, even upon registration legal entity you will need PGS to get any official references about company, shareholder or moreover obtain a license for building a structure.
Also, PGS is possible to get based on power of attorney. Along with that, should you decide to establish a company with a small business level then no need to come to Kazakhstan. However, if you open a company with middle or big business level then it is necessary personal presence of the shareholder.
3) Charter and shareholder agreement (obligatory for companies, which fall to middle and big level of business). However, the legislation of Kazakhstan does not demand apply charter and shareholder agreement within registration of LLP with small business level, we, as lawyers recommend you to have them in your company. Practice shows that banks and plenty of big companies require such documents due of its internal policies.
4) Rent agreement or confirmation letter from landlord which is kind of permission to make registration by appropriate address.
If LLP’s shareholder will be a foreign legal entity then additionally needed legalized extract from a trade commercial register, tax authority or any other official document which confirms that the shareholder - foreign legal entity is a legal entity in according with the appropriate state legislation where the legal entity is registered. The extract should be translated into Kazakh and Russian languages.
State fee for registration of the LLP:
LLP with small level of business (Annual average incomes at least $1 993 000 USD. Annual average staff at least 100 employees). - $14 USD;
LLP with middle level of business (Annual average incomes over $ 1 993 000 but not more than $19 935 000 USD. Annual average staff at least 250 employees). - $44 USD;
LLP with big level of business (Annual average incomes over $19 935 000 USD. Annual average staff over 250 employees) - $44 USD.
LLP with small level of business -$0,3 USD;
LLP with middle level of business - $665 USD;
LLP with big level of business -$665 USD.
Before open the LLP in Kazakhstan we recommend you to ask for legal advices if the business activity may be licensed or certified. You also will be needed support for labor and tax issues. It is better if you will be prepared in advance.
Should you have any questions, please contact to us.
In connection with that Logos has its own property in Astana, Uralsk and Atyrau at your disposal we offer fast and clear documents without spending time and money for researching rent market for the address registration of the LLP.