Conduct due diligence on the property
Agency: 1) The Republican State Enterprise with the Right of Economic Management “Public Service Center” of the Committee for Automation Control of Public Services and Coordination of Service Centers of the Ministry of Transport and Communications of the Republic of Kazakhstan. 2) Web portal of “Electronic Government”: www.egov.kz 3) Notary, via the Unified Notarial Information System (ENIS) [Единая Нотариальная Информационная Система (ЕНИС)]
The notary conducts due diligence, to confirm that the property has not encumbrances, liens or other attachments that would prevent the sale. To check the status of the property, the notary uses ENIS, an electronic portal allowing access to government information pertinent to the transaction and enabling communication with government agencies.
A seller can also obtain a non-encumbrance certificate, free of charge, through the Government for Citizens centers or the e-government (egov) portal at www.egov.kz.
Time and cost: Less than one day (online), no charge
Notarization of the sale-purchase agreement
Agency: Notary
The parties have their sale-purchase agreement notarized. The notary confirms the identity of the selling and purchasing company’s representative and ensures that each representative is authorized to conduct the transaction on behalf of the company. To do so, the notary checks the parties’ identification cards, the company charter, the shareholder resolution or protocol of the general shareholders’ meeting allowing the sale, the power of attorney allowing the buyer and seller to act on behalf of their company, and the original title.
The parties sign the sale-purchase agreement before the notary and also sign the notary’s logbook. The notary then electronically submits the registration application—along with the signed agreement—to the Department of Justice through ENIS.
Fees—for the notary to notarize the sales agreement and initiate the transfer—are regulated by Article 30-1 of the Law of the Republic of Kazakhstan on Notaries (no. 155) of July 14, 1997 and Article 536 of the Code of the Republic of Kazakhstan on Taxes and Other Obligatory Payments into the Budget (Tax Code) (no. 99-IV) of December 10, 2008. A list of tariffs for notarial acts is also available on the ENIS website at http://enis.kz/Article/Details/101. Notary fees are a function of the monthly calculation index, used to calculate taxes and government fees.
For a property transfer involving a legal entity (company) the notary charges a total of 17 times the monthly calculation index:
- 10 times the monthly calculation index for “the commission of notarial acts.”
- 7 times the monthly calculation index for providing “services of a legal and technical nature.”
The monthly calculation index for the calendar year 2019 is KZT 2,525 per the Law of Kazakhstan No. 197-VI ZRK on the State Budget for 2019-2021, adopted on 30 November 2018. The monthly calculation index is also listed on the egov portal website at https://egov.kz/cms/en/articles/article_mci_2012.
Time and cost: 1 day, KZT 42,925; (KZT 25,250 (10 times the monthly calculation index) + KZT 17,675 (7 times the monthly calculation index)).
For a property transfer involving a legal entity (company) the notary charges a total of 17 times the monthly calculation index:
- 10 times the monthly calculation index for “the commission of notarial acts.”
- 7 times the monthly calculation index for providing “services of a legal and technical nature.”
Payment of state duty and providing proof of payment to Notary
Agency: Notary
The notary provides the parties with the information paper containing payment details for payment of state duty for registration. The paying party pays the state duty (through Kazpost or commercial bank) and brings the payment confirmation to the notary. The notary then submits all the documents, including payment confirmation for state registration, to the land registry.
Time and cost: 1 day, KZT 3,221 (KZT 3221 – set in Order of the Minister of Information and Communication of the Republic of Kazakhstan dated 27 September 2018 No. 418)
Registration of the title document at the State Corporation Government for Citizens
Agency: State Corporation Government for Citizens
The notary electronically submits the registration application to The State Corporation Government for Citizens. The registered documents are then electronically returned to the Notary for delivery to the client the following day.
Time and cost: 2 days, paid in previous procedure
