2.3.1.1. General description

Providing Legal Services is listed in section 1 of Schedule 2 of GEN. It includes:

(a)     giving legal advice or counsel; or

(b)     drafting or completion of legal documents or agreements; or

(c)     representation in court proceedings or in an administrative adjudicative procedure in which legal pleadings are filed or a record is established as the basis for judicial review; or

(d)     negotiation of legal rights or responsibilities; but excluding acting as a lay representative authorised by an administrative agency or tribunal, serving as a judge, mediator, arbitrator, conciliator or facilitator; and participation in employment negotiations, arbitrations or conciliations.

Rule 1.3.3. of GEN establishes a statutory requirement on registration of at least one (1) employee as a Legal Adviser with the AIFC Legal Services Board for a Person to be eligible to receive a Licence from the AFSA to carry on an Ancillary Service of Providing Legal Services.

With the commencement of Rule 13.3 of COB on 3 May 2023, Ancillary Service Providers licensed to carry on an Ancillary Service of Providing Legal Services will be required at all times to employ at least one (1) Legal Adviser registered with the AIFC Legal Services Board to be eligible to maintain their Licence.  

The regime of registration and regulation of Legal Advisers by the AIFC Legal Services Board operates in accordance with the AIFC Legal Services Regulations and Rules of the AIFC Legal Services Board. For more information follow the link: https://aifc.kz/en/legal-services-regulation.

Currency regulation

The table below illustrates currency regulation implications if services are offered to residents of Kazakhstan that are not AIFC Participants.

For more details see Chapter 4 of PERG.

2.3.1.2. Exclusions

There are none.

2.3.2.1. General description

Providing Audit Services is listed in section 2 of Schedule 2 of GEN. It means:

(a)     performing audit, examination, verification, investigation, certification, presentation or review of financial transactions and accounting records; and

(b)     preparing or certifying reports on audits or examinations of books or records of account, balance sheets, and other financial, accounting and related documents.

For more details see AIFC Auditor Rules.

Currency regulation

The table below illustrates currency regulation implications if services are offered to residents of Kazakhstan that are not AIFC Participants.

For more details see Chapter 4 of PERG.

2.3.2.2. Exclusions

There are none.

2.3.3.1. General description

Providing Accountancy Services is listed in section 3 of Schedule 2 of GEN. It includes:

(a)     advising on matters relating to accounting procedure; and

(b)     recording, presentation or certification of financial information or data, including financial information or data required by any law for the time being in force in the AIFC.

Currency regulation

The table below illustrates currency regulation implications if services are offered to residents of Kazakhstan that are not AIFC Participants.

For more details see Chapter 4 of PERG. 

2.3.3.2. Exclusions

There are none.

2.3.4.1. General description

Providing Consultancy Services is listed in section 4 of Schedule 2 of GEN. It means providing expert knowledge or advice on a particular topic.

Consultancy Services may include the activity of Company service providers. For additional details on Company Service Providers see AIFC Glossary .

The Guidance on Providing Consultancy Services in the AIFC includes, by way of example the following list of services, which require obtaining authorisation from the AFSA:

(1)   Compliance, regulatory, due diligence and risk consultancy (including Shari’ah compliance consultancy);

(2)   Management and business consultancy (including market research) related to Financial Services;

(3)   Tax consultancy;

(4)   Company Service Provider

Currency regulation implications

Subject to the general currency regulation legislation of the Republic of Kazakhstan.

For more details see Chapter 4 of PERG.

2.3.4.2. Exclusions

There are none.

2.3.5.1. General description

Providing Credit Rating Services is listed in section 5 of Schedule 2 of GEN. It means:

(a)     analysis or evaluation of information carried on with a view to issuing or reviewing a Credit Rating; or

(b)     issuing or reviewing a Credit Rating.  

Credit Rating is an opinion regarding the creditworthiness of an entity, Security, debt or other financial obligation which is disseminated to the public or distributed to a Person by subscription and expressed using an established and defined ranking system regarding the creditworthiness of the rating subject.

Currency regulation

Subject to the general currency regulation legislation of the Republic of Kazakhstan.

For more details see Chapter 4 of PERG.

2.3.5.2. Exclusions

There are none.