Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
The Civil Code of the Republic of Kazakhstan da...doc
Скачиваний:
6
Добавлен:
15.11.2019
Размер:
577.54 Кб
Скачать

VI. A Joint-stock Company

III. Joint-stock company

modified by (15) Law No. 282 of 10th July 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Joint-Stock Companies.

Article 85. The Definition of a Joint-stock Company

amended by (9) Law of 19th June 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Act of the Republic of Kazakhstan;

(11) Law of 11th July 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Activity;

(12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)"; and

(15) Law No. 282 of 10th July 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Joint-Stock Companies.

1. A legal entity which issues shares for the purposes of raising funds for the performance of its activities shall be recognised as a joint-stock company. The shareholders of a joint-stock company shall not be liable for its obligations, and they shall bear the risk of losses associated with the company's business, within the limits of value of the shares they hold, except for the cases provided for by legislative acts.

2. A joint-stock company shall possess the assets which are separate from the assets of its participants; it shall be liable for its obligations within the limits of its property and it shall not bear any liability for the obligations of its participants.

Shareholders of corporate cumulative pension funds shall be subject to several liability with regard to obligations of said funds in accordance with the procedure and on the terms as established by legislation concerning pension support.

3. A joint-stock company may be created by one person and it may consist of one person in the case the acquisition by one shareholder of all the shares of the company, unless it is otherwise stipulated in legislative acts.

4. The legal status of a joint-stock company, the rights and obligations of the shareholders shall be determined by legislative acts in accordance with this Code. Special considerations with regard to the legal status of joint-stock companies which are created by way of privatising state-owned enterprises, shall be determined in legislation.

5. Non-commercial organisations may be created in a form of the joint-stock company in the cases provided for by legislation.

Article 86. Open Type and Closed Type Joint-stock Companies

[as amended by (5) Law of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan. December 7, 1996;

(11) Law of 11th July 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Banking Activity;

(12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)";

(15) Law No. 282 of 10th July 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Joint-Stock Companies; and

(22) Law No. 128 of 18th December 2000 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Insurance and Insurance Activities.

1. A joint-stock Company, the participants whereof may sell the shares which belong to them without the consent of any other shareholders shall be a joint-stock Company of the open type. An open-type company shall have the right to place the shares it issues by the closed-type and by the open-type methods.

2. An open-type company shall be obliged to publish its annual and quarterly balance-sheets and profit-and-loss accounts in accordance with the procedure established by legislation in a newspaper;

3. A joint-stock company whose shares are placed among its foundation parties and a pre-determined circle of persons shall be recognised as a closed-type joint-stock company. A closed-type joint-stock company shall have the right to place the shares it issues only by the closed-type method.

4. A shareholder in a closed-type joint-stock company, who wishes to sell his shares, shall be obliged to offer them for sale to the other participants of the company, and in the case of their refusal - to the company itself. Special considerations with respect to the selling of shares in a closed-type joint-stock company, shall be defined by legislative acts.

5. The foundation documents of a closed-type joint-stock company may stipulate a possibility for compulsory purchase of by the company, in a judicial procedure, of shares of its participant who materially violates the interests of the company by his acts.

6. Legislative acts may stipulate the possibility and the grounds for compulsory purchase of shares from banks, and non-banking financial institutions organisations organisations and insurance (reinsurance) organisations which perform certain types of banking transactions in the event that they have negative value of their capital as calculated in accordance with the procedure established by legislation.

Соседние файлы в предмете [НЕСОРТИРОВАННОЕ]