Agreement on Alienation of a Share in the Authorized Capital of Legal Entities

Documents that you need to have with you:

  • The founding documents of the companies participating in the transaction are the originals + copies or certificate of legal entity through the egov.kz portal (charter, sole member decision, Founders Agreement, legalized (apostilled) extract from the foreign state trade register of a company participating in a transaction into Russian/Kazakh languages)
  • Originals of passport/identity card/residence permit/certificate of stateless person, of the parties to the transaction or their representatives
  • Original documents confirming the official/trust authority of company representatives (decisions of participants/orders for the chief executive officer of the company, powers of attorney)
  • Original decision of the participant (shareholder)/Protocols of participants (shareholders) of companies on the transaction
  • Certificate of absence of encumbrances and claims of third parties on the movable property of the participant
  • A written waiver of the preemptive rights of participants – in the case of a transaction with third parties
  • Corporate notice on the absence of subsoil use contracts, if any – the consent of the authorized body to alienate a share in the company’s authorized capital
  • The consent of the spouses to the transaction or the notarized statement of the owner and/or buyer that at the time of the acquisition he was not married to anyone and is not currently married in the case of participation of individuals.

Notes:

  1. when concluding a transaction with foreign participation – documents of individuals and legal entities shall be translated into the language of notarial office work (Russian and Kazakh languages, into other languages – at the request of the parties)
  2. the consent of the spouses must be notarized
  3. certificate on the absence of encumbrances and claims of third parties on the movable property of the owner – issued on the official form of the authorized body of justice, or received through the egov.kz portal, valid one day after receipt
  4. marriage contract (if available) – must be presented to the notary to determine the common property of spouses