Reissuing Of The License And/Or Applications For License In The Republic Of Kazakhstan

According to the Law of the Republic of Kazakhstan 'On Licensing' dated 11 January 2007 No.214-III (hereafter referred to as 'Licensing Law'), the license and/or application to the license of the legal entities is to be reissued under the following cases (hereafter referred to as 'Cases'):

the legal entity undergoes a reorganisation in the form of merger, consolidation, dividing or reorganisation; the legal entity has changed its name and/or its legal address. Please note that when the address of the production facility has been changed, the license does not have to be reissued. Such requirement was highlighted in paper-based license, but in the present time is no longer in effect.

Moreover, if the name of type or subtype activity has been changed, the licensee (the entity which obtained the license) is entitled to apply for reissuing the license with attached documents confirming payment of the license fee. Under Article 471 of the Tax Code of the Republic of Kazakhstan (Tax fee), the license fee for reissuing of the license and/or application to the license is 10% of the amount paid when the license was issued, but no more than 4 MCI.

Time period of reissuing the license and/or application to the license and liability for the violation of such time frame

Under the Licensing Law, the application for reissuing the license must be submitted within thirty (30) calendar days from the date cases took place. If the licensee (the entity which obtained the license) did not applied for reissuing the license, the licensor (the state authority) must bring the licensee to the administrative liability under current Kazakh law.

Under Article 357-2 of the Code of the Republic of Kazakhstan dated 30 January 2001 No. 155 'On Administrative Offences' (Violation of the rules of licensing) failure to apply for reissuing the license within the period indicated in the Licensing Law, entails a fine for entrepreneurs, legal entities of small or medium-sized business or non-profit organizations - in the amount of 50 to 100, on legal entities of a large enterprise - in the amount of 100 to 200 MCI with suspension of the license for a particular activity or not. In practice, in order to avoid corruption concern, the licensor applies maximum fine for violation of the licensing rules. Therefore, compliance with Licensing Law is very important and requires a professional approach.

Moreover, the only ground the licensor refuses to reissue the license and/or application...

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