On 24 June 2010, a new Law on Subsoil and Subsoil Use (the “Subsoil Law”) was adopted in Kazakhstan. According to the Subsoil Law, transfer of a subsoil use right (or a part thereof) or related objects into pledge shall be performed upon approval of the competent authority. Moreover, the Subsoil Law establishes regulations in the area of pledge of subsoil use rights. For instance, borrowed funds obtained against the pledge of subsoil use rights shall only be used for the purpose of subsoil use within the respective subsoil use contract.

Obtaining a permit to transfer subsoil use rights into pledge is a long-term process that includes collection of information and documents. According to the current subsoil use legislation, the period for consideration of the application is seventy business days. However, according to our practice, this process can take up to six months.

 
  • advising on transfer of subsoil use right or/and related objects (interests, block of shares in legal entity holding the subsoil use right) into pledge;
  • advising in connection with drafting application for obtaining permit to transfer subsoil use right or/and related objects into pledge (surcharge) and representation of interests of a client at the stage of consideration of the application by the competent authority;
  • advising in connection with drafting  pledge agreement for  subsoil use right and related objects;
  • registration of pledge agreement with the competent authority;
  • advising on levying of execution on the pledged subsoil use right and related objects including procedure for pledge selling.
Name Position Contacts
Tlek Gusman Senior Partner, Advocate Inquire
Yerzhan Yessimkhanov Partner, Head of Telecommunication & Transport, Construction & Infrastructure Department Inquire
Yerbolat Yerkebulanov Partner, Head of Subsoil Use Department (Almaty) Inquire
Maksim Burak Partner, Head of Subsoil Use Department (Nur-Sultan) Inquire
Bakhodir Jabborov Managing Partner Inquire
Baizhan Bekzhanov Partner Inquire
Akhmetzhan Abdullayev Senior Partner, Advocate Inquire
Assel Ilyasova Partner, Head of Tax Law Department Inquire
Samat Daumov Branch Director Inquire
Nurbol Kissembayev Partner, Branch Director Inquire
Kanat Seidaliev Partner, Office Director Inquire
Almat Daumоv Partner, Head of Natural Resources Department, Representative GRATA International (Moscow) Inquire
Aidar Sarymsakov Senior Partner, Advocate Inquire
Elvira Maratova Counsel, GRATA Kyrgyzstan Inquire
Madina Sagatova Counsel Inquire
Aisanat Safarbek kyzy Lawyer Inquire
Paweł Martynek Partner, Head of Subsoil Use Inquire
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