2.3.1. Providing Legal Services
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.
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Are you planning to offer your services to legal entities or natural persons – residents of Kazakhstan that are not AIFC Participants? |
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Yes:
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Your services will be subject to the AIFC Rules on Currency Regulation: |
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Name of allowed activity: |
Legal services |
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Relevant reference to Schedule 3 to the AIFC Rules on Currency Regulation: |
1. |
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Type of currency: |
Any currency |
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Transaction: |
Via AIFC Banks: only foreign currency Via second-tier banks: any currency |
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Currency reporting: |
No specific reporting for a professional service. Transactional reporting may be applicable (see Chapter 4 of PERG for more details).
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No: |
Subrule 3.4.1. of AIFC Rules on Currency Regulation applies. |
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For more details see Chapter 4 of PERG.
2.3.1.2. Exclusions
There are none.