Legal Opinion (Memorandum)

Legal Opinion (Memorandum)

The legislation of the Republic of Kazakhstan provides for an extensive list of activities that are subjects for obligatory licensing. The procedure for obtaining of licenses is quite complicated and consists of several obligatory stages, which are connected with applying to different state authorities. 

Our qualified lawyers are pleased to provide you with an advice on licensing issues in the form of legal opinion (or memorandum).

We advise you to get the proper legal opinion before applying for the obligatory state license in order to have a step-by-step concept of license obtaining.

In the legal opinion we also will provide the information relating to necessity of the following:

1.      Technical documentation;

2.      Production facilities (buildings, equipment, plant, workshop, repair shops, mechanisms, tools, instruments and metres) under the right of ownership (with the list of the required title documents that confirm the right of ownership or lease) (trust management of other forms of agreements);

3.      Services ensuring:

• operation and maintenance of equipment;
• internal production quality control;
• labour safety control;
• metrological control.

4.      Qualification structure of technical managers and specialists, who met proper educational level and have work experience in a particular area (summary table, including full name, specialty, position, work experience in this area);

5.    Inspection acts, opinions of state authorities and other organisations on the presence and conformity of production, technical capabilities of an application to do  the licensed business; 

6.    The procedure for issuing licenses and schedule to licenses (a list of required documents, consideration period, license fees, etc.);

7.    Other.

If you decide to make use of our services, we will provide you with the detailed information on legal opinion and with responses to all of your questions.

Experience

Our lawyers have a wide experience in advising on licenses and permits. Below you may find some cases from our experience, which allowed our clients to minimise and remove serious risks.

Experience in the Area of Industry:

• Due diligence of a large company with respect to permits in food industry;
• Advising a foreign company on safety requirements for vehicles and equipment provided for by the legislation of the Republic of Kazakhstan;
• Advising a foreign company on licenses and permits for military equipment circulation;
• Drafting annual reports and transferring these reports to licensors in the procedure established by the legislation of the Republic of Kazakhstan;
• Advising on the issues of state control in the area of technical regulation.

Experience in the Area of Nuclear Energy:

• Drafting memorandum for a Kazakhstani company on the issues relating to determination of a subject, who is obliged to have a license for transportation of dangerous goods;  
• Advising on licenses, approvals, permits of state authorities, which are required for subsoil use operation;  
• Assisting in the submission of an official request on licensing of company’s activities to the Committee of State Energy Supervision of the Ministry of Oil and Gas of the Republic of Kazakhstan;  
• Advising  a foreign company on licensing of activities in the area of nuclear energy (construction of nuclear energy facilities (entire complex, individual buildings, units, blocks, systems, structures, ancillary facilities, equipment);
• Advising a foreign company on licensing of activities in the area of nuclear energy (training of specialists and personnel for activities connected with using of nuclear energy).

Experience in the Area of Architecture, Town-Planning and Construction:

• Advising a foreign company on the construction permits;
• Preparing the relevant documentation and obtaining of the construction license for a Chinese construction company;
• Drafting the legal opinion for a large foreign company on obtaining of the construction license for the general contractor;
• Obtaining the design license and state construction license for a large German company;
• Legal support for a Turkish company in re-registration of the construction license;
• Preparing the relevant documents and obtaining of the construction license for a large Russian joint stock company;
• Legal support for a Turkish company in confirming of qualification requirements for re-newal of a license;
• Renewal of the planning and surveying license in the area of architecture, town-planning and construction activities;
• Advising a foreign company on licensing of activities in the area of architecture, town-planning and construction, as wellas licensing of engineering-geodesic works, including planning and laying of centres of beacon, town-planning, architectural design of buildings and constructions of the first, second and third levels of responsibility, construction design, construction of auto-roads of all levels, assembling of explosive and hazardous equipment, etc.

Experience in the Area of Informatisation and Communication:

• Drafting memorandum for a foreign company on the conditions for obtaining communication permits in the Republic of Kazakhstan; 
• Due diligence of a large communication company to identify violation of the legislation of Kazakhstan on licensing and to evaluate associated risks;
• Advising a large foreign company on the conditions of using radio-frequency spectrum in the Republic of Kazakhstan;
• Preparing the relevant documentation and obtaining a license in the area of informatisation and communication for large foreign and local companies.

In addition:

• Advising a foreign company on the registration of medical equipment in the Republic of Kazakhstan;
• Drafting the legal opinion for a foreign trade company on the obligatory licensing of import of goods in Kazakhstan, and on procedure and conditions of the goods certification;
• Advising a foreign company on choosing subjects, who may obtain work permit for foreign employees;
• Advising a Kazakh company on licensing of wholesale and retail sale of alcohols; 
• Legal support of the loan agreement between a Kazakh company and a larger Chinese Bank with respect to the issues relating to permits, required to construct the main gas pipeline under the laws of Kazakhstan;
• Advising a foreign company on the requirements of the legislation to purchasing and maintaining tow-to-yarn machines;
• Advising an oil company on the requirements for obtaining of precursors circulation license;
• Analysis of licenses, approval and permits of state authorities in the area of communication, precursors circulation, industrial safety, sanitary and epidemiological welfare of the population in order to identify missing permits and to evaluate associated risks.

Our lawyers have unique experience in consulting services on many other issues connected with issuing, execution and termination of licenses and permits of state authorities in the Republic of Kazakhstan.

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