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Kazkommerts Securities

KAZAKHSTAN SECTOR RESEARCH

Kazakhstan Political System Review

Legal Framework

May 1998

Table of Contents

Latest Kazakhstan Weekly News

 

Foreign Investment Law (1994, amended in May 1997)

The Foreign Investment Law guarantees investors the right to reinvest profits, abolishes restrictions on the repatriation of profits, and clarifies the legal status of foreign investment in Kazakhstan. It also simplifies the registration procedures for foreign investors. This Law, enacted in July 1997, determines the legal and economic basis for foreign investment in Kazakhstan, secures state guarantees for the protection of foreign investment, and establishes the form for its realisation as well as the procedures for dispute settlements.

Bankruptcy Law

(January 1997)

The Bankruptcy Law of January 1997 lays out the conditions and rules for the implementation of bankruptcy and liquidation for insolvent debtors.

Law on the Governmental Support of Direct Investment (1997)

Investors are entitled to five years' worth of tax holidays (with respect to income tax, land tax, and property tax when and only if investing in prioritised industries). During the following five years, investors will receive a 50% discount on tax payments (for the above mentioned taxes only). A Presidential Decree (April 1997) specified the following as ‘prioritised’ industries where foreign investors have a preferential status: industrial infrastructure, (industries with strong value added services), residential construction, tourism, agriculture, and construction in the new capital, Astana.

Securities Market Laws

 

The laws "On the Securities Market", "On the Registration of Securities Transactions", "On Investment Funds" (which were all enacted in March 1997), and a set of Governmental Decrees regulate the issuance, circulation and registration of securities, and the activities of custodians, registrars, the Central Depository, and investment funds. A special Directive by the National Securities Commission (NSC) regulates access to securities issued by non-residents to the domestic securities market.

Tax Code

(1995, amended in 1997)

A new Tax Code was introduced in 1995, and the part related to the securities markets was amended in December 1997. Currently, corporations are subject to 30% Corporate Income Tax and 20% VAT. However, all financial services (except custody, incasso, and the delivery of notes, coins and other valuables) are subject to VAT exemption. December 1997’s amendment also abolished Securities Transactions and Capital Gains taxes. New issues of corporate securities are subject to 0.5% tax. Recent amendments also decreased the tax on interest paid to securities holders (dividends, bond interest) to 15%. Other compulsory payments include social security payments, pension payments, and medical insurance, which total about 30% of salaries. Plus, 2% of all salaries must be paid to the State Employment Fund.

Major Elements of the Political System

Constitution

The present Constitution of the Republic of Kazakhstan, which was adopted in August 1995, sets forth that the development of the country is based on the principles of the promotion of public consent, political stability, economic growth, and boosting living standards.

Key principles

The Republic of Kazakhstan is a democratic, secular, and unitary state. The President of Kazakhstan is the head of state.


© Kazkommerts Securities 1998. Please cite source when quoting.

This report has been prepared by Kazkommerts Securities and provided solely for information purposes to recipients only. The information contained herein has been obtained from sources believed to be reliable, but is not necessarily complete and its accuracy cannot be guaranteed. This information does not constitute an offer to buy or sell securities. Kazkommerts Securities or its affiliated persons may be buying, selling or holding long or short positions, acting as investment bankers, be represented on the Board of the issuers in securities mentioned herein. This report is not intended for the use of private investors. Investment in Kazakhstan markets is an extremely risky activity and many persons, physical and legal, may be completely or partially restricted from dealing in the Kazakhstan securities markets.


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