PRACTICE NOTES
1. What is the applicable legislation?
If you invest by setting up a Kazakh company, or by purchasing an interest in one, or through the acquisition of a shareholding therein, the interactions between participants concerning their respective rights and duties are generally governed by Kazakhstani law. That said, on acquiring a stake in a Kazakhstani entity, many matters can be elevated to regulation by foreign law, particularly where the corporate structure of the target is modified following completion of the acquisition. Where an investor signs an investment contract, and ancillary agreements made under it, the parties’ legal relations may then be governed either by the law of the Astana International Financial Centre or by the law of the Republic of Kazakhstan, as applicable. Note, however, that entering into an investment contract is not compulsory for investors when making an investment and is most often
Competition