Question: Chinese company wants to open branch in Almaty, Kazakhstan for import goods. How to open branch in Almaty and rights to real estate brach?
For registration of a branch of the registering authority the application is submitted in the form prescribed by the Ministry of Justice of the Republic of Kazakhstan. Application is signed by a person authorized by a legal entity, set up a branch, and is sealed by the legal entity.
Application must attached receipt or other document confirming payment of the registration fee for the registration of a branch.
Registration of branches of foreign legal entities, the procedure established by legislative acts of the Republic of Kazakhstan for the registration of branches of legal entities of the Republic of Kazakhstan.
Also additionally need provide documents in accordance with the list established by the legislation. The documents of a foreign legal entity that establishes a branch shall be submitted with a notarized translation into Kazakh and Russian languages.
According question about acquisition and registration of rights to real-estate. The procedure for registration of real estate rights established by the Law Kazakhstan "On state registration of rights to real estate."
In accordance with the Civil Code of the Republic of Kazakhstan subjects of civil rights are individuals and legal entities.
The legislation of the Republic of Kazakhstan found that the branch – it is a separate subdivision of a legal entity located outside of its location and performing all or part of its functions, including the function of representation. Branches and representative offices are not legal entities. They are endowed with property of legal entity and act on the basis of the approved bylaws.
Thus, as a general rule the right to immovable property is registered for a legal entity, not a branch.
In connection with this report that, in view of the current legislation, in the case of acquisition of immovable property, the state registration of rights will be for the legal entity.