Legal services

Our corporate law practice brings together the largest team of lawyers in our firm. In most cases, we help create an effective company management structure in accordance with the requirements and specifics of our clients’ businesses.

We can provide professional and prompt support in the following matters:

• Registration/re-registration, accounting registration of branches and representative offices, enterprise reorganization (mergers, acquisitions, divisions, spin-offs, and transformations), liquidation and bankruptcy of companies;

• Obtaining an individual identification number (IIN) and a business identification number (BIN);

• Preparation and drafting of corporate documents for legal entities, participation in general meetings of shareholders/participants and other corporate meetings stipulated by the constituent documents;

• Drafting and reviewing contracts for the sale and purchase of shares in authorized capital, gift agreements, pledge agreements, and trust management agreements;

• Optimization of corporate structure and corporate governance;

• Assessing the risks to the company due to unfair or erroneous decisions by authorized persons/bodies;

• Consulting and litigation in resolving disputes related to corporate matters;

• Representing interests in negotiations with business partners regarding the management and conduct of the company’s activities.

Labor law disputes are becoming increasingly common in Kazakhstan. This may be due to increased legal literacy among employees, difficulties in understanding certain provisions of labor law, and the negligent fulfillment of obligations by one party to the employment relationship.

There are often cases where, taking advantage of an employer’s international reputation and efforts to avoid conflict, unscrupulous employees demand unreasonably inflated compensation. Or, conversely, employers exploit their position to infringe on employees’ rights.

Obtaining work permits and visas remains an important issue for companies planning to employ foreign workers. Much depends on the correct completion of the necessary documents, the selection of a suitable position, and the education and work experience of each foreign worker.

Our company has been working in this area since its inception and has a rich database of successful cases where understanding the skills of a foreign worker and properly documenting them played a key role in obtaining work permits and work visas.

In the field of labor law, in the vast majority of cases, we represent clients in the following areas:

• drafting employment contracts and negotiating their terms;

• representing clients in pre-trial and judicial disputes, resolving conflict situations;

• providing various opinions outlining existing risks;

• obtaining work and business permits, visas, and residence permits;

• defending clients’ interests before government agencies, including immigration police.

We represent private partners in their dealings with government agencies during the implementation of joint public-private partnership projects. It’s no secret that in the vast majority of cases, government agency terms and conditions are standard and cannot be changed. However, it is always possible to correctly calculate and mitigate the legal risks of a private partner when implementing a joint project with the state.

Our database allows us to inform our clients in advance of potential risks and mitigation methods when choosing a public-private partnership model (contractual or institutional). We provide full support for private partners in PPP projects, including:

• Consulting on legislation governing PPP activities;

• Preparing documents for participation in the tender to select private PPP partners;

• Expertise and full support during the conclusion of PPP agreements and other necessary documents;

• Representing the interests of the private partner before government agencies and third parties;

• Providing opinions assessing the existing risks of participating in the PPP project;

• subsequent support of the client during the fulfillment of his obligations within the framework of PPP projects.

Some of our major clients are local and foreign companies involved in the purchase, sale, and construction of real estate in Kazakhstan and abroad. Regatta Consult provides the following services in this area:

• Real Estate Consulting: Assistance in the purchase and sale of real estate. Evaluation of legal aspects of transactions.

• Document Preparation and Analysis: Drafting and analysis of purchase and sale agreements, leases, mortgages, and other legal documents. Property succession verification.

• Dispute Resolution: Resolving conflicts between parties regarding real estate matters. Representing clients in court or when interacting with government agencies.

• Construction Law: Assistance with construction and reconstruction issues. Protecting clients’ interests in the event of problems with contractors or government agencies.

• Tax Issues: Consultations on the taxation of real estate transactions. Assistance in resolving tax disputes.

• Inheritance Issues: Assistance in registering inheritances, including real estate.

• Land Law: Consultations on land issues. Assistance in obtaining land titles.

• Real Estate Legalization: Assistance in preparing real estate documents.

Many of our current clients are foreign companies that, through their business in Kazakhstan, also invest in the economy of the Republic of Kazakhstan.

In accordance with the Entrepreneurial Code of the Republic of Kazakhstan, as well as other legislative acts, investment activity is supported by the state through the provision of certain benefits and preferences, such as exemptions from taxes and customs duties, in-kind grants and investment subsidies, the recruitment of foreign workers, etc.

Therefore, we represent our clients’ interests in:

• Preparing the necessary documents for subsequent submission to the authorized body to obtain benefits and preferences;

• Supporting the client during negotiations with the authorized body on all matters, including those related to the conclusion of an investment contract.

We strongly recommend that all our clients consider the possibility of obtaining the provided benefits and preferences, as their importance in most cases plays a significant role in business development in Kazakhstan.

Supporting subsoil users in the Republic of Kazakhstan occupies a special place in our legal practice. Most of our clients currently operate in the mining sector, and our services include, but are not limited to, the following:

• Preparing documents for concluding a subsoil use contract and/or obtaining a subsoil use license;
• Conducting an analysis, at the client’s request, of potential legal and other risks associated with concluding a subsoil use contract and/or obtaining a subsoil use license;
• Conducting a legal due diligence of a subsoil user company that the client subsequently plans to acquire;
• Assistance in coordinating documents to obtain permits from authorized bodies during the client’s performance of obligations;
• Representing the interests of the subsoil user client during negotiations, as well as in pre-trial and judicial dispute resolution.

We represent clients in their business activities under the current law of the Astana International Financial Centre (AIFC), which in turn utilizes the principles, legislation, and precedents of English and Welsh law, as well as the standards of leading global financial centers. Some of our lawyers, who have experience and/or training in common law, can quickly review and provide an appropriate opinion on any issue.

We successfully provide consultations on:

• Company registration in the AIFC;

• Interpretation of AIFC regulations related to contract law, bankruptcy, private property, and taxation;

• We successfully represent our clients in court and arbitration proceedings at the AIFC.

Our team of lawyers and auditors jointly provides the following services in tax law and international trade:

• Tax Dispute Defense: Representing clients before tax authorities and courts. Resolving issues related to tax audits and investigations.

• Tax Planning: Developing plans to optimize tax liabilities. Assistance in choosing the optimal tax structure for a business.

• Tax Dispute Defense: Representing clients before tax authorities and courts. Resolving issues related to tax audits and investigations.

Over the past 10 years, our company has been actively developing the intellectual property law industry and providing a range of services to protect intellectual property rights holders.

We offer a full range of services:

• Registration of intellectual property rights, their transfer or assignment under various civil law transactions, such as licensing agreements, franchise agreements, or assignments of rights.

• Clarification of local legislation and international treaties ratified by the Republic of Kazakhstan, in particular Appendix No. 26 of the Treaty on the Eurasian Economic Union, which regulate the protection of intellectual property rights.

• Copyright and related rights to literary, artistic, creative, musical, screenplay, and scientific works, as well as inventions, industrial designs, and trademarks.

• Protecting trademark and trade name rights from unlawful use by representing our clients’ interests both in pre-trial settlement and in judicial and administrative proceedings.