Law No. 266-XIII of 27th December 1994 of the Republic of Kazakhstan Concerning Foreign Investments

Law No. 266-XIII of 27th December 1994 of the Republic of
Kazakhstan Concerning Foreign Investments

См. текст на русском языке

This Law shall define the main legal and economic foundations for attracting foreign investments to the economy of the Republic of Kazakhstan, consolidate the State Guarantees of the protection of foreign investments, define the organisational forms of their implementation and the procedure for the settlement of disputes with the participation of foreign investors.

Chapter I. General Provisions

Article 1. The Basic Terms and Concepts

"Investments" all types of properties and intellectual valuables which are invested into items of entrepreneurial activity for the purposes of earning income, in particular:

movable assets, real estate, property rights, holdings and other rights, except for goods which are imported and intended for marketing without processing;

shares and other forms of participation in commercial organisations; debentures and other debt obligations;

claims of funds, goods, services and any other execution under agreements associated with investments;

the right to results of intellectual activity including authorship rights, patents, trade marks, commercial samples, technological processes, know-how, regulatory and technical, architectural, design and technological project documentation;

any right to perform activities on the basis of a licence or in any other form granted by a state body;

"Investing" activity associated with making foreign investments into items of entrepreneurial activity for the purposes of earning profits (income);

"Foreign investments" investments made in the form of participation into in the authorised capital of legal entities of the Republic of Kazakhstan, as well as granting of loans (advances) to legal entities of the Republic of Kazakhstan in which the foreign investors have the right to control decisions adopted by such legal entities, and providing items of leasing on the terms as provided for by the legislation of the Republic of Kazakhstan concerning leasing.

"A Foreign Investor":

foreign legal entities;

foreign citizens, stateless persons, citizens of the Republic of Kazakhstan who have a permanent place of residence abroad, under the condition that they are registered for conducting business activities in the country of their citizenship or permanent place of residence;

foreign states;

international organisations;

the legal entities of the Republic of Kazakhstan in which foreign investors have the right to control decisions adopted by such legal entities.

"A National Investor" a physical person who permanently reside in the Republic of Kazakhstan, and (or) a legal entity of the Republic of Kazakhstan, which carries out investments in the Republic of Kazakhstan.