Any and all entities that are set up on the territory of the Republic of Kazakhstan for any purposes, activities, type of business, composition of participants (members) should be registered with the state justice authorities. Branches and representative offices of legal entities located on the territory of the Republic of Kazakhstan should be registered, but they do not acquire the rights of a legal entity. (Article 3 of the Law of the Republic of Kazakhstan "On State Registration of Legal Entities and Registration of Branches and Representative Offices" (hereinafter - the "Registration Law").
In order to create a legal entity, the following shall be made in the first instance:
- Select a legal-organisational (incorporation) form of the legal entity to be created, depending on the type of activity;
- Determine a business entity category for the company to be created;
- If the legal entity renders financial services, permit of the National Bank of the Republic of Kazakhstan shall be required as well; (article 6 of the Registration Law)
- State registration of entities that have a dominant or monopoly position in the relevant goods market, as well as state enterprises, legal entities, more than fifty percent of shares (stakes in the authorized capital) of which belong to the state, and affiliated persons who shall carry out their activities on the territory of the Republic of Kazakhstan, except for cases when such establishment is directly envisaged by the laws of the Republic of Kazakhstan, is carried out by the registering authority with the prior consent of the antimonopoly body.
- Obtain a business immigrant visa "C5", if the founder/participants of the legal entity is a foreigner. (para. 2 of article 40 of the Law "On Migration of the Population");
- Other permits, depending on the type of activity in accordance with the legislation of the Republic of Kazakhstan.
Documents required for the registration of a legal entity are approved by the Order № 112 of the Minister of Justice of the Republic of Kazakhstan as of April 12, 2007 "On Approval of the Instruction on State Registration of Legal Entities and Registration of Branches and Representative Offices".